Program Activity Overview
The following Executive Summary and Report provides a review of the Office’s core activities using a dashboard approach to highlight progress, as well as, where possible challenges may exist or interventions needed. A green button indicates positive trends without program concerns. A yellow button indicates moderate progress in the area and may identify trends/issues the Office should monitor in future reports. Last, a red button indicates an ar-ea needing improvements with identified program challenges and required interventions.
The Office of Diversity and Civil Rights Compliance (DCRC) is responsible for the day to day implementation and coordination of Fulton County’s civil rights, non-discrimination, inclusion and accessibility efforts pursuant to Fulton County policies and relevant federal laws. This report summarizes FY 2017 Q1 (inclusive dates 12/5/16 thru 3/3/17) and Q2 (inclusive dates 3/6/17 and 5/27/17) activities in the following areas: a) Discrimination Complaint Resolution, b) Disability Affairs; c) Civil Rights Compliance, d) Training and Technical Assistance, and e) Work-force Diversity and Inclusion. Where data was available the report also provides mid-year comparisons over the last 3 years in select program areas including Discrimination Complaint Resolution and Disability Affairs. While the DCRC is trending positively during the reporting period, the Office has noted significant trends and needed interventions as follows:
I. DISCRIMINATION COMPLAINT RESOLUTION: Overall new filing complaint activity during the reporting period (28) has remained consistent with that observed in 2016 (28) but has decreased somewhat when com-pared to 2015 activity (35). With regard to closures, the Office has noted a significant increase in the completion of work on claims in 2017 (37) compared to 2016 (15) and 2015 (19). The Office noted that the average days to close complaints rose somewhat from 50 business days in Q1 to 64 business days in Q2 which is still within the Office’s performance target of 90 business days to completion. Overall the 2017 mid-year average of 58 business days to close, demonstrates claims are investigated and/or disposed of in a timely manner and more efficiently than those filed with external agencies. When compared with 2016 activity, the Office has noted a slight increase in the number of filings associated with Hostile Work Environment (+2) and Sexual Harassment (+2) allegations. Finally while the Office has received no violation findings from the US Equal Employment Opportunity Commission, the DCRC has internally issued 3 cause findings involving sexual harassment violations. The DCRC will continue to monitor complaint activity, conduct compliance reviews as well as provide structured training and technical assistance to address departmental climate/compliance concerns.
II. DISABILITY AFFAIRS: The Office continues to complete the Reasonable Accommodations/Interactive Process with County Departments in a timely manner. Overall the number of new requests for Reasonable Accommodation at mid-year 2017 (16) is consistent with activity observed last year (17). Once a concern the average completion rates for the Reasonable Accommodations/Interactive Process continued to improve for all department clusters falling below the DCRC performance target of 90 business days after qualification. Effective Communication requests are processed in a timely manner as well.
III. CIVIL RIGHTS COMPLIANCE: During the reporting period, no County departments were audited by external/federal agencies. The County received findings from and provided a response to the US Attorney General’s Office (USAG) related to its 2015 ADA Program and Facility Accessibility audit of the Courthouse. The County proposed a remediation schedule, lasting from FY 2017 through FY 2025. The proposed schedule would remedy common spaces in the Courthouse as a first priority (e.g. restrooms, water fountains etc.) and program specific areas (e.g. courtrooms, detention cells, etc.) as a secondary priority. No response has been received from the USAG to the County’s proposal. DCRC also provided Executive Team members with briefing on the Phase II final report: FULTON COUNTY: FORGING AHEAD Consultant’s Report to the County Manager Phase II: County’s Progress After 2012 Self Evaluation Plan Under the Americans with Disabilities Act. The Office initiated work on Phase III B to complete physical site assessments for programs located in the remaining County owned facilities (including but not limited to Arts and Culture, Housing and Community Development, Health and Wellness, Juvenile Court, Public Works, Sheriff-Jail, Senior Services, North Annex and South Annex locations). Further, the Office continued its discussions with DREAM to identify funding from Capital Improvement dollars to support annual/ongoing remediation and barrier removal work accordingly. Finally, the Office continued to provide support to Housing and Office of Workforce Development programs assisting with various compliance and remediation efforts identified in Voluntary Compliance Agreement (HUD) and pre-audit compliance activities from the Georgia State Department of Economic Development/Workforce Division.
IV. TRAINING/TECHNICAL ASSISTANCE: During the reporting period, the DCRC continued efforts to ensure employees and departments received needed training and technical assistance. The Office provided training to 3,279 employees during Q1 and Q2 exceeding 100% of its FY 2017 Performance Target. The majority of training took place through the conduct of department on site services and participation in the Personnel Department’s new policies briefings for staff. Of specific concern are the approximately 300 full time employees who have not completed the initial mandatory Sexual Harassment Prevention Training (SHPT). Many of these individuals are long-time County employees who have neglected to fulfill this requirement. Over the next few months, the Office will request support from the County Manager and the Executive Team to encourage Departments to cooperate with DCRC efforts to have these employees complete the training requirement. On a positive note, to date 93% of the County’s full time workforce has completed initial sexual harassment prevention training. The Office also has com-pleted updates to its video online SHPT Refresher course which will be available to employees to complete on de-mand. The Office worked with Information Technology on SharePoint hosting and logistics. The Office deployed a pilot test of the training site with employees from the Juvenile Court. Countywide deployment is anticipated to occur during Q3. The DCRC estimates 3,000 employees are due to complete the SHPT Refresher course which is re-quired once every 3 years. The DCRC provided ADA program access training to staff in the Superior Court Clerk’s Office as well as on equal opportunity/equal access and Section 504 requirements training for the Office of Workforce Development’s staff and clients.
V. WORKFORCE DIVERSITY AND INCLUSION: While workforce data continue to suggest that activities related to the conduct of outreach, recruitment, career development, retention and alternate selection strategies to improve racial/ethnic, gender and inter-generational workforce diversity in target areas remain, positive steps have been taken during the reporting period to enhance inclusion in the County. In this regard the Office developed and submitted to the US Department of Justice new EEO Plan Utilization Reports for Fulton County Government as well as for the District Attorney, Sheriff, and Superior Court. The DCRC met to discuss areas of underrepresentation with the departments as well as agreed upon specific outreach strategies they would use to encourage a diverse applicant pool in select areas. The Office also received approval from the DOJ for the County-wide submission. In addition, the Office sponsored two booths for Fulton County at the Annual American Society for Public Administrations Conference Job Fair and coordinated the County’s participation at the 35th Annual Latin American Association’s Career Expo. Representatives from Personnel and DCRC staffed the tables, provided career and recruitment information to a number of diverse public administration/public policy graduate students/ faculty and practitioners at the former activity and ap-proximately 400 interested job seekers at the latter activity. The Office developed and promulgated a RFP solicitation to select a consultant to provide Foreign Language Oral Interpretation and Written Translation services to Fulton County Departments to better ensure inclusive and accessible services to persons with Limited English Proficiency. As this is a federal requirement under Title VI CRA, the DCRC will request ongoing funding for this service, as an en-hancement in its FY 2018 budget submission. A vendor was recommended for the receipt of the contract award ac-cordingly. In addition, pursuant to the new Diversity and Inclusion (D&I) Policy, the Office developed and promulgated a RFP solicitation to select a consultant to assist the County in the conduct of Diversity and Inclusion assessment and strate-gic plan development activities. The closing date for vendor submissions was June 6, 2017, with review of submis-sions undertaken soon thereafter. The DCRC anticipates both items will appear on the Board of Commissioner’s summer agenda. Finally, the DCRC also recommended that the County Manager establish an advisory D & I Task-force comprised of stakeholder departments and external community partners to assist the Office in guiding D & I ac-tivities through the first year.
The Office of Diversity and Civil Rights Compliance Mid-Year 2016
TABLE OF CONTENTS
Discrimination Complaint Resolution Key Activities &Trends 8
Discrimination Complaint Resolution Activity Implications and Impacts 18
ADA/Disability Affairs Key Activities & Trends 20
ADA/Disability Affairs Implications and Impacts 25
Civil Rights Compliance Key Activities & Trends 28
Civil Rights Compliance Implications and Impacts 31
Training & Technical Assistance Key Activities &Trends 33
Training & Technical Assistance Implications and Impacts 37
Workforce Diversity and Inclusion Activity Implications and Impacts 40
Appendix A: Fulton County Workforce Distributed By EEO4 Category 41
Appendix B: SHPT Training Initial Needed By Department 50
Appendix C: SHPT Refresher Training Needed By Department 51
Appendix D: Fulton County Government 2017 EEO Plan/Utilization Analysis 52
DISCRIMINATION COMPLAINT RESOLUTION
RESOLUTION ACTIVITY- The goal of this activity is to provide equity and uniformity in the impartial and timely resolution of discrimination/harassment complaints as well as to provide a mechanism for Fulton County to resolve such complaints internally, where possible. The following charts summarize complaint activity for Q1 and Q2 in FY 2017 and also provide a 3 year comparison of mid-year complaint activity including the number of new fillings and closures as well as closure timelines and bases by program cluster.
FILINGS YEAR TO DATE:
Employee Use of Redress Mechanisms Decreases between Q1 and Q2
Graph: 1: Internal and External Complaint Filings per Quarter
FY 2017 Mid-Year Complaint Filing Activity Has Remained Constant Over Time
Graph 2: 3-Year Comparison of Mid-Year Internal and External Filing Activity
Internal and External Filings Received
Quarterly Observations –
- Both internal (44%) and external (44%) complaint new filing activity decreased between Q1 and Q2
- Based upon total number of filings to date, employees used internal and external redress options equally
Using mid-year 2016 activity as a benchmark, DCRC anticipated receiving 14 new filings per quarter. In 2017, at mid-year the DCRC has received 28 discrimination complaint filings, meeting its anticipated target. As noted in the chart above
- The number of 2017 external complaint filings received by the DCRC has increased by 7% compared to 2016 mid-year activity
- Employee use of external redress mechanisms year to date has decreased by 30% compared to 2015 mid-year activity
- The number of 2017 internal complaint filings received by the DCRC has decreased by 7% compared to 2016 mid-year activity
- Employee use of internal redress mechanisms year to date has decreased by 7% compared to 2015 mid-year activity
- Overall year to date filings have remained consistent with last year’s total new filings trail FY 2015 totals by 20%
- At the close of the reporting period the Office possessed 9 claims in open investigation (e.g. 6 internal and 3 EEOC cases)
CLOSURES YEAR TO DATE:
Complaint Closure Activity Fluctuates between Q1 and Q2
Graph 3: Investigations Completed and Closed per Quarter
Completed and Closed Investigations
Q1 - Q2 2017
FY 2017 Mid-Year Completion/Closure Activity Outpaces Last Year
Graph 4: 3-Year Comparison of Mid-Year Completion/Closure Activity
Completed and Closed Investigations
Quarterly Observations –
- DCRC closed or completed work on 21 complaints and 1 compliance review investigations during Q1 and 16 complaint and 1 compliance review investigations during Q2
- Closure activity for internal investigations remained consistent during Q1 and Q2
- Closure activity for external investigations decreased (42%) between Q1 and Q2
Using 2016 activity as a benchmark, DCRC anticipated closing/completing work on 7.5 investigations per quarter during the current reporting period. However at mid-year in 2017, the DCRC has completed work on 37 complaint related investigations or 18.5 investigations per quarter (e.g. an increase of 51%). As noted in the chart above.
- Year to date internal closures have surpassed last year’s activity by 44.5%
- Year to date external closures have surpassed last year’s activity by 74%
- Overall year to date closures have surpassed 2016 activity by 59% and 2015 by 49%