As used in this chapter, the following terms shall have the meanings
indicated:
AAP
Affirmative Action Program.
COMPLAINT
An employee's or applicant's dissatisfaction with any request for
redress from an act or failure to act on the part of management which has
affected an individual personally and adversely; a charge of general discriminatory
practices filed by an organization.
DISCRIMINATION
Acting or failing to act or unduly delaying any action regarding
any employee or applicant for employment because of race, color, religion,
sex, national or ethnic origin, age, physical disability or membership in
lawful organizations, in such a way that a person is adversely affected in
the area of employment with the city government, except where the person's
membership in one of these classes is a bona fide obstacle to job performance.
EEO
Equal employment opportunity.
EEO COMMITTEE
A broad-based group of city employees and municipal and public representatives
to advise the EEO Officer and render decisions in formal EEO complaint cases.
EEO OFFICER
The officer who is designated EEO Officer and is responsible for
directing all EEO and affirmative action programs for the city government.
Whenever AAO (Affirmative Action Officer) is used herein, it shall mean and
refer to the Equal Employment Officer (EEO).
ETHNIC ORIGIN
Specifies the cultural, regional or ethnic minority as defined by
the Appalachian Commission.
HEARING
A.Â
FORMALAny inquiry, forum, investigation or meeting held by the EEO Committee at which compulsory adopted processes are invoked and record is prepared for the purpose of the EEO Committee's final decision.
B.Â
INFORMALAny inquiry, forum, investigation or meeting conducted by the EEO Officer at which compulsory processes are not invoked and a record is not prepared for the purpose of providing the basis of the EEO Officer's final decision.
MINORITY
Any member of an affected class by virtue of past discrimination.
The term "minority" is, therefore, meant to include those who have been subject
to discrimination on the basis of race, color, religion, sex, national or
ethnic origin, age, physical disability or membership in lawful organizations.
(All persons shall be entitled to redress and relief of grievances in instances
of discrimination, even if such discrimination is not specifically enumerated
above.)
MOBILITY
The provision of opportunities for upward and lateral movement to
comparable or higher classifications. It signifies a commitment to better
utilize employee talents and encompasses such factors as status, salary and
responsibility.
PERSONAL APPEARANCE
The outward appearance of any person, irrespective of sex, with regard
to hair style, beards or manner of dress. It shall not relate, however, to
the requirement of cleanliness, uniforms and safety consciousness.
The City of Pleasantville does hereby reaffirm its policy to ensure
equal opportunity in employment for all persons and to prohibit discrimination
in employment because of color, race, religion, sex and national origin and
to promote the full realization of equal employment opportunity through a
continuing policy of equal opportunity employment practices in each department
of the city and to be an integral part of every aspect of personnel policy
and practice in the recruitment, employment, advancement and treatment of
employees and prospective employees of the City of Pleasantville to the maximum
extent possible, in keeping with the predetermination settlement.
The goals of the Affirmative Action Program are to ultimately establish
and maintain an integrated and balanced work force throughout the city to
meet effectively the needs of the citizens of Pleasantville.
Any person aggrieved by a violation of this chapter who has exhausted
the remedies herein provided may apply to any court of competent jurisdiction
for appropriate relief, including but not limited to:
A. An injunction, including an order compelling compliance
with this chapter.
B. Such other and further relief as may seem appropriate
to the court for the enforcement of this chapter and the elimination of violations
thereof.
If any provision of this chapter or the application thereof to any person
or circumstances is held invalid, the remainder of this chapter and the application
of the provision to other persons not similarly situated or to other circumstances
shall not be affected thereby.