The following requirements shall apply to all
County authorities delineated in § 5-203.01, all County
agencies delineated in § 5-215.01, all County and non-County
nonprofit entities delineated in § 5-215.03 of this Administrative
Code, and all administrative departments within the County government:
A. No later than June 1, 2008, the Allegheny County Controller
shall complete a diversity audit for all entities bound by the terms
of this section, and shall forward copies of these audits to the Council,
Chief Executive and County Manager.
B. With respect to age diversity, the Controller's audit
shall include but not be limited to the following evaluations:
(1)
Whether the entity evaluated has communicated
to all staff and students that age discrimination is unlawful in respect
of work and study, and will not be tolerated;
(2)
Whether the entity evaluated has reviewed employment
policies and practices to ensure no age-related bias occurs at any
stage of the process, from recruitment advertising to decision-making;
(3)
Whether the entity evaluated has reviewed access
to staff development and training to ensure that it is age neutral;
(4)
Whether the entity evaluated has ensured that
promoting age equality is a feature of its staff development program;
(5)
Whether the entity evaluated has effectively
evaluated whether age discrimination is taking place with regard to
pay or benefits;
(6)
Whether the entity evaluated has reviewed its
normal retirement age;
(7)
Whether the entity evaluated has implemented
a retirement process, ensuring appropriate notification and providing
guidance to managers about the retirement process;
(8)
Whether the entity evaluated has considered
extending flexible working options to all staff (if not currently
available to all);
(9)
Whether the entity evaluated has reviewed current
performance management systems, including appraisal, to ensure age
neutrality;
(10)
Whether the entity evaluated has taken steps
to ensure that it can provide an accurate age profile of staff across
the organization to the extent permitted by applicable law, and whether
it has considered how such a profile can be used to inform workforce
planning;
(11)
Whether the entity evaluated has considered
the use of age-related monitoring data in recruitment; promotion;
training and development; disciplinary, grievance, and exit procedures
to the extent permitted by applicable law.
C. With respect to disability diversity, the Controller's
audit shall include but not be limited to the following evaluations:
(1)
Whether the entity evaluated has produced a
written policy or procedure governing disability equality which sets
out how it will meet the general and specific duties under applicable
law;
(2)
Whether the entity evaluated has involved disabled
people in the development and review of the disability equality policy
or procedure;
(3)
Whether the entity evaluated has taken steps
to ensure that employees understand what constitutes a disability
under applicable law, and their responsibilities thereunder;
(4)
Whether the entity evaluated has taken a social
model approach to disability, which focuses on barriers faced by disabled
people;
(5)
Whether the entity evaluated has communicated
with contractors about their responsibilities under applicable law
to disabled individuals;
(6)
Whether the entity evaluated has considered
the ways in which it can promote positive attitudes towards disabled
people both within and outside the entity's organization, and the
extent to which these have been implemented;
(7)
Whether the entity evaluated has established
ways in which it can encourage the participation of disabled people
in key decision-making bodies;
(8)
Whether the entity evaluated has ensured that
all staff understand the concept of, and the reasons for making, reasonable
adjustments in employment and in its daily activities;
(9)
Whether the entity evaluated has established
a means for involving disabled individuals in monitoring and maintaining
its disability policies and/or procedures;
(10)
Whether the entity evaluated has established
a system for collecting and analyzing data pertaining to disability
equality;
(11)
Whether the entity evaluated has established
a system for reporting, both to employees and the public, on its progress
in implementing its disability equality policies and/or procedures.
D. With respect to racial diversity, the Controller's
audit shall include but not be limited to the following evaluations:
(1)
Whether the entity evaluated has developed a
comprehensive race equality policy and a set of written procedures
for implementing and maintaining that plan which sets out how it will
continue to meet its duties under applicable law, and that includes
and prioritizes desired outcomes, time frames, and identified those
responsible for implementation;
(2)
Whether the entity evaluated has held regular
reviews and communicated the findings to all stakeholders and the
public;
(3)
Whether the entity evaluated has established
a system for collecting and analyzing staff data at various stages
of employment and study, consistent with the provisions of applicable
law;
(4)
Whether the entity evaluated has actively communicated
the requirements of its race equality policy and procedures to staff,
the public, contractors with whom the entity works, and agents and
others with whom the entity works;
(5)
Whether the entity evaluated has taken all reasonable
steps to ensure its staff does not discriminate unlawfully;
(6)
Whether the entity evaluated has considered
the ways in which it can promote good relations between people of
different racial groups, and acted on these ideas;
(7)
Whether the entity evaluated has taken steps
to eliminate discrimination, victimization and harassment on the grounds
of race in employment and the provision of services.
E. With respect to gender diversity, the Controller's
audit shall include but not be limited to the following evaluations:
(1)
Whether the entity evaluated has taken steps
to ensure that it has a written gender equality policy in place;
(2)
Whether the entity evaluated has made it clear
within the entity's organization that less favorable treatment on
the grounds of pregnancy and maternity leave constitutes sex discrimination;
(3)
Whether the entity evaluated has taken steps
to eliminate discrimination, victimization and harassment on the grounds
of sex in employment and the provision of services;
(4)
Whether the entity evaluated has undertaken
an equal pay audit to establish whether men and women in the same
employment are paid the same for like work, work rated as equivalent,
and/or work of equal value;
(5)
Whether the entity evaluated has taken steps
to eradicate any identified pay gaps.
F. With respect to sexual orientation diversity, the
Controller's audit shall include but not be limited to the following
evaluations:
(1)
Whether the entity evaluated has created and
made known policies or procedures for governing discriminatory practices
based upon sexual orientation;
(2)
Whether the entity evaluated has ensured that
support is available to staff, and that there are appropriate channels
to report discrimination on grounds of sexual orientation;
(3)
Whether the entity evaluated has taken steps
to eliminate discrimination, victimization and harassment on the grounds
of sexual orientation in all aspects of employment and the provision
of services;
(4)
Whether the entity evaluated has updated its
arrangements for survivor pension or other benefits consistent with
applicable law.
G. With respect to religious diversity, the Controller's
audit shall include but not be limited to the following evaluations:
(1)
Whether the entity evaluated has created and
made known policies or procedures for governing discriminatory practices
based upon religious beliefs;
(2)
Whether the entity evaluated has taken steps
to eliminate discrimination, victimization and harassment on the grounds
of religion or belief in all aspects of employment and the provision
of services;
(3)
Whether the entity evaluated has taken steps
to ensure its programs and access to services provisions do not discriminate
on grounds of religion or belief;
(4)
Whether the entity evaluated has ensured that
there are appropriate channels for staff and the public to report
instances of discrimination on the grounds of religion or belief.
H. With respect to diversity maintenance programs, the
Controller's audit shall include but not be limited to the following
evaluations:
(1)
Whether the entity evaluated has established
working groups to steer and monitor progress on all aspects of equality;
(2)
Whether the entity evaluated has ensured that
policies and practices affecting employment meet the requirements
of applicable law as it evolves;
(3)
Whether the entity evaluated has established
data collection and analysis mechanisms, and used these to meet any
existing statutory monitoring and publishing requirements;
(4)
Whether the entity evaluated has identified
a person or persons to review legislative requirements and identify
developments affecting existing policy or practice;
(5)
Whether the entity evaluated has determined
how, and to whom, it will convey information on legislative changes
within the entity;
(6)
Whether the entity evaluated has established
and made available to staff and/or the public procedures to deal with
incidents of direct and indirect discrimination, victimization and
harassment;
(7)
Whether the entity evaluated has established
clear lines of responsibility, authority and accountability for diversity
policy implementation, monitoring, maintenance and refinement within
the entity;
(8)
Whether the entity evaluated has ensured that
staff are trained on diversity requirements, appropriate to their
role and level of responsibility;
(9)
Whether the entity evaluated has ensured that
those involved in staff recruitment and providing services are trained
to apply diversity requirements to these processes;
(10)
Whether the entity evaluated has ensured that
all contractors are aware of the entity's diversity policies and expected
standards of behavior while carrying out their functions;
(11)
Whether the entity evaluated has ensured its
procurement policy and arrangements include diversity dimensions,
including:
(a)
A specific clause on diversity requirements
in all procurement contracts.
(b)
Encouragement to suppliers from under-represented
groups to endeavor to provide the entity with goods and services through
the entity's procurement process.
(12)
Whether the entity evaluated has ensured that
plans are in place to consult staff, the public, trade unions, and
other relevant groups when policies that may affect them and/or the
people they represent are developed or reviewed;
(13)
Whether the entity evaluated has effectively
managed the risk of noncompliance.
The Allegheny County Controller shall hire outside
auditors or other consultants as necessary to complete the audits
required under the terms of this article.
Any entity audited under the terms of this article
shall have 90 days to send comments responsive to the audit required
under the terms of this article to the Controller, Council, Chief
Executive, and County Manager.
No County administrative department may be consolidated,
merged, modified, or created until the diversity audit required under
the terms of this article is completed for the entity or entities
that are to be involved in the consolidation, merger, modification
or creation. In the event that a consolidation, merger, modification
or creation of a County administrative department is partially completed
on the effective date of this section, no additional action(s) may
be completed until the diversity audit required under the terms of
this article is completed for the entity or entities that are to be
involved in the consolidation, merger, modification or creation. Any
office, department or function altered under the provisions of § 5-201.03B
of the Administrative Code of Allegheny County must comply with the
provisions of this article and all applicable provisions of the Home
Rule Charter of Allegheny County as a condition of funding the County
budget, beginning with fiscal year 2008.
The Allegheny County Controller shall conduct
additional diversity audits under the provisions of this article at
least once every three years for each entity subject to the terms
of this article.