(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AFFIRMATIVE ACTION. The official program or policy of the county as set forth in this section and as promulgated pursuant to the directives of this section which gives fair and equal treatment to one or more groups of people who are classified according to race, sex or national group.
COUNTY. St. Joseph County, Indiana.
DISCRIMINATORY PRACTICE. The exclusion of a person or persons from equal employment opportunity because of race, sex or national origin.
MINORITY. Any person who is:
(a) Black (all persons having origins in any of the black African racial groups not of Hispanic origin);
(b) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless of race); or
(c) Asian (all persons having origin in any of the Asian, Southeast Asian or Oriental racial groups).
(B) Affirmative action procedures in employment.
(1) Recruitment. Each department, agency, board or commission of the county involved in recruitment of employees shall:
(a) Analyze current recruiting methods and revise those methods which reflect any discriminatory practice;
(b) Actively recruit qualified minorities and women for available positions within the department, agency, board or commission; and
(c) Review and update its recruiting methods and revise those methods which reflect any discriminatory practice.
(2) Hiring. Each department, agency, board or commission of the county involved in hiring employees shall:
(a) Review hiring decisions of the last five years and revise those hiring procedures which reflect any discriminatory practice;
(b) If necessary, set remedial goals for hiring qualified minorities and women within each job category of the department, agency, board or commission in order to measure its progress in eliminating any under-representation of minorities and women, as follows:
1. Jobs which do not require special skills. The goals for job categories which do not require special skills shall be in proportion to the overall percentage of minorities and women within the area work force; and
2. Jobs which require special skills. The goals for job categories which require special skills shall be in proportion to the overall percentage of minorities and women within the area work force who have the educational and experience requirements for the job category.
(c) Review and re-evaluate its hiring procedures, decisions and goals annually by January 31 in order to ensure that they do not reflect any discriminatory practice and in order to measure its progress in eliminating any under-representation of minorities and women, as follows:
1. Review hiring decisions of the year and revise those hiring procedures which reflect any discriminatory practice;
2. Review hiring decisions in light of the remedial goals established for the year and report progress in eliminating the under-representation of minorities and women, or lack thereof, to the County Board of Commissioners, including any reasons why despite good-faith efforts, the department, agency, board or commission was unable to meet its goals for the year;
3. Re-evaluate remedial goals established for each job category to ensure that the goals are realistic in relation to the number of qualified minorities and women in the area work force and to ensure that the goals are being used as guidelines rather than as quotas which must be met; and
4. Discontinue the remedial goal for the particular job category when the under-representation of minorities and women is eliminated in that category.
(3) Personnel policies and practices. Each department, agency, board or commission of the County shall:
(a) Review all employment policies and revise those policies which reflect any discriminatory practice;
(b) Review personnel actions of the past five years, including but not limited to actions related to employee promotions, raises, benefits, transfers, layoffs, returns from layoffs, and training or educational programs, and revise those personnel procedures which reflect any discriminatory practice; and
(c) Actively encourage the promotion of minorities and women to positions for which they are qualified.
(4) Duties of department heads. The head of each department shall:
(a) Determine, in conjunction with the County Personnel Coordinator, which job categories in the department require special skills;
(b) Implement affirmative action policies in recruitment, hiring and employment within the department by requiring communicating policies internally and developing programs to achieve affirmative action objectives;
(c) Direct an initial review of all departmental policies and procedures and provide for the revision of those policies and procedures which reflect any discriminatory practice;
(d) Attempt to internally resolve disputes which arise within the department regarding affirmative action procedures;
(e) Direct a departmental review of recruitment, hiring and employment procedures and goals annually in order to monitor program effectiveness and to determine where progress has been made and where further action is needed; and
(f) Report to the Board of Commissioners annually, by January 31, all pertinent affirmative action data and progress including but not limited to departmental procedures regarding affirmative action, goals established by the department, information regarding the employment of minorities and women by the department, pertinent personnel actions of the department as well as anticipated future action.
(5) Noncompliance procedures. In the event of a dispute over noncompliance with any of the provisions of this section, every effort will be made to resolve disputes within the county. Ideally, disputes should be resolved internally, within each department, agency, board or commission. In the event a dispute cannot be resolved internally:
(a) A county employee shall notify the County Personnel Director of the problem in an effort to resolve the dispute; and
(b) An applicant should notify the County Personnel Director of the problem in an effort to resolve the dispute.
(6) Preferential protection. Nothing in this section shall be construed or implemented to permit preferential protection against layoffs to any employee because of that employee’s race, sex or national origin.
(Ord. 7-90, passed - -1990)
Additional nondiscrimination requirements, see Chapter 35 
