State of Minnesota Public Facilities Authority 2018-2020 Affirmative Action Plan

 
 
State of Minnesota

Public Facilities Authority

2018-2020 Affirmative Action Plan
                                                                               Public Facilities Authority
                                                              First National Bank Building, Suite W820
                                                                                       332 Minnesota St
                                                                                     St. Paul, MN 55101
                                                                                           651-259-7465
                                                                             jeff.freeman@state.mn.us
                                                                                       mn.gov/deed/pfa
  As requested by Minnesota Statute 3.197: This report cost approximately $0.00 to prepare, including
                                                             staff time, printing and mailing expenses.

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Public Facilities Authority 2018-2020 Affirmative Action Plan                                                     1
Table of Contents
Organizational Profile ................................................................................................................................. 3
    Board Meetings ..................................................................................................................................... 3
Statement of Commitment ......................................................................................................................... 4
Individuals Responsible for Directing/Implementing the Affirmative Action Plan .................................... 5
    A. Executive Director............................................................................................................................. 5
    B. Affirmative Action Officer ................................................................................................................. 6
    C. Human Resources Director ............................................................................................................... 7
    E. Americans with Disabilities Act Title I Coordinator .......................................................................... 8
    F. Americans with Disabilities Act Title II Coordinator ....................................................................... 10
    G. Diversity Recruitment Coordinator ................................................................................................ 11
    H. Managers and Supervisors ............................................................................................................. 12
    I. All Employees ................................................................................................................................... 12
Communication of the Affirmative Action Plan ........................................................................................ 13
    Internal Methods of Communication ................................................................................................. 13
    External Methods of Communication................................................................................................. 14
Appendix ................................................................................................................................................... 15
    PFA Discrimination and Harassment Prohibited Policy #417 ............................................................. 15
    PFA Sexual Harassment Prohibited Policy PPM #421 ......................................................................... 23
    Discrimination and Harassment Complaint Procedure ...................................................................... 25
    PFA Harassment and Discrimination Prohibited/Sexual Harassment Prohibited Policies Complaint
            Form ........................................................................................................................................... 30
    Reasonable Accommodation Policy.................................................................................................... 31
    Reasonable Accommodation Forms ................................................................................................... 41
    Evacuation Procedure for Individuals with Disabilities or Otherwise in Need of Assistance ............. 43




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Organizational Profile
The Minnesota Public Facilities Authority (PFA) is a multi-agency authority that provides financing and
technical assistance to help communities build public infrastructure that protects public health and the
environment and promotes economic growth. The authority makes low-interest loans and grants
available to finance infrastructure that might otherwise be unaffordable to communities if they had to
borrow money for the projects at market rates. Since inception in 1987, the PFA has financed $4.7
billion in public infrastructure projects in communities throughout Minnesota.

The PFA is governed by a board consisting of six state commissioners representing the departments of
Employment and Economic Development, Management and Budget, Pollution Control Agency, Health,
Agriculture and Transportation. The commissioner of the Department of Employment and Economic
Development (DEED) serves as the chair and chief executive officer of the authority. The position of
vice-chair rotates annually among the members.

Board Meetings
The PFA Board meets three to four times per year on an as-needed basis. All PFA meetings are open to
the public and are held at the PFA offices at 332 Minnesota Street, Suite W820 in St. Paul. PFA Board
meeting agendas will be posted on this site approximately three to five days prior to each Board
meeting.

Some members of the PFA may participate in meetings electronically. In accordance with Minnesota
Statutes, Section 13D.015. subd. 4, if a Board Member calls in, the PFA shall, to the extent practical,
allow a person to monitor the meeting electronically from a remote location. Please contact
administrative staff, Jennie.Brown@state.mn.us for more information.




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Statement of Commitment
This statement reaffirms Public Facility Authority is committed to Minnesota’s statewide affirmative
action efforts and providing equal employment opportunity to all employees and applicants in
accordance with equal opportunity and affirmative action laws. The Public Facilities Authority utilizes
support and services provided through an interagency agreement by the Department of Employment
and Economic Development (DEED). References to DEED in the following policies and procedures shall
also apply to the Public Facilities Authority.

I affirm my personal and official support of these policies which provide that:

   •   No individual shall be discriminated against in the terms and conditions of employment,
       personnel practices, or access to and participation in programs, services, and activities, or
       subject to harassment, on the basis of race, sex (including pregnancy), color, creed, religion,
       age, national origin, sexual orientation, gender expression, gender identity, disability, marital
       status, familial status, status with regard to public assistance, or membership or activity in a
       local human rights commission.
   •   The prohibition of discrimination on the basis of sex precludes sexual harassment, gender-
       based harassment, and harassment based on pregnancy.
   •   This agency is committed to the implementation of the affirmative action policies, programs,
       and procedures included in this plan to ensure that employment practices are free from
       discrimination. Employment practices include, but are not limited to the following: hiring,
       promotion, demotion, transfer, recruitment or recruitment advertising, layoff, disciplinary
       action, termination, rates of pay or other forms of compensation, and selection for training,
       including apprenticeship. We will provide reasonable accommodation to employees and
       applicants with disabilities.
   •   This agency will continue to actively promote a program of affirmative action, wherever
       minorities, women, and individuals with disabilities are underrepresented in the workforce, and
       work to retain all qualified, talented employees, including protected group employees.
   •   This agency will evaluate its efforts, including those of its directors, managers, and supervisors,
       in promoting equal opportunity and achieving affirmative action objectives contained herein. In
       addition, this agency will expect all employees to perform their job duties in a manner that
       promotes equal opportunity for all.
It is the agency’s policy to provide an employment environment free of any form of discriminatory
harassment as prohibited by federal, state, and local human rights laws. I strongly encourage
suggestions as to how we may improve. We strive to provide equal employment opportunities and the
best possible service to all Minnesotans.

Executive Director:                                                         Date Signed:




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Individuals Responsible for Directing/Implementing the Affirmative
Action Plan
A. Executive Director
Responsibilities
The Executive Director is responsible for establishing an Affirmative Action Program, including goals,
timetables and compliance with all federal and state laws and regulations. The Commissioner, through
the Commissioner of Minnesota Management & Budget (MMB), will report annually to the Governor
and the Legislature the agency’s progress in meeting its affirmative action goals and objectives.

Duties

The duties of the Executive Director shall include, but not be limited to, the following:

   •     Appoint the Affirmative Action Officer or designee and include accountability for the
         administration of the agency’s Affirmative Action Plan in his or her position description.
   •     Take action, if needed, on complaints of discrimination and discriminatory harassment.
   •     Issue a statement affirming the department’s commitment to affirmative action and equal
         employment opportunity, and ensure that such a statement is disseminated to all employees.
   •     Make such decisions and changes in policies, procedures or physical accommodations as may
         be needed to implement effective affirmative action in the agency.
   •     Actively promote equal employment opportunity and incorporate diversity and inclusion
         principles in annual business plans, strategic plan, and agency's mission.
   •     Report annually to the Governor and the Legislature through the Commissioner of MMB the
         department’s progress in affirmative action.
   •     Notify all contractors and sub-contractors with the department of their affirmative action
         responsibilities.
   •     Actively promote the enforcement of equal employment opportunity in affirmative and non-
         affirmative hiring decisions reviewed in the hiring process.
   •     Require that all agency directors, managers, and supervisors include responsibility statements
         for the supporting affirmative action, equal opportunity, diversity, and/or cultural
         responsiveness in their position descriptions and annual objectives.

Accountability

The Executive Director is accountable directly to the Governor and indirectly to the Commissioner of
MMB for affirmative action matters.




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Name of individual(s) responsible

Name: Jeff Freeman                                         Email: jeff.freeman@state.mn.us

Title: Executive Director, PFA                             Phone: 651-259-7465

B. Affirmative Action Officer
Responsibilities
The Affirmative Action Officer is directly responsible for developing, coordinating, implementing and
monitoring the department’s affirmative action program.

Duties

The duties of the Affirmative Action Officer shall include, but not be limited to, the following:

   •     Develop and administer the agency’s Affirmative Action Plan.
   •     Develop and set agency-wide affirmative action hiring goals.
   •     Monitor agency compliance and fulfill all affirmative action reporting requirements.
   •     Disseminate the affirmative action policy to employees in the agency.
   •     Inform the Commissioner on progress in affirmative action and equal opportunity and report
         potential concerns.
   •     Act as the affirmative action liaison between the Agency, MMB, and the Governor’s Office.
   •     Determine the need for affirmative action training within the agency and initiate the
         development of such training programs with the assistance of internal and external resources,
         as necessary.
   •     Review and recommend changes in policies, procedures, programs and physical
         accommodations to facilitate affirmative action and equal opportunity.
   •     Develop innovative programs to attract and retain protected group members in the Agency.
   •     Support and participate in the recruitment of protected class persons for employment,
         promotion and training opportunities.
   •     Manage the agency’s pre-hire review process.
   •     Review requests for non-affirmative non-justified hires in the Monitoring the Hiring process and
         refer unresolved issues to the Commissioner for final decision.
   •     Ensure supervisors and managers are making affirmative efforts to recruit and retain protected
         group candidates and employees.
   •     Oversee the administration of the Americans with Disabilities Act Title I and Title II.



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•     Receive requests for ADA accommodations and work with appropriate supervisors, unions, etc.
         to approve or deny the request, or provide alternative accommodations.
   •     Maintain records of requests for reasonable accommodations.
   •     Oversee the administration of the Agency Diversity Recruitment program.

Accountability

The Affirmative Action Officer is accountable to the Commissioner of DEED for program impacts and
for ongoing program activities and direction. The Affirmative Action Manager oversees the
administrator of ADA Title II, administrator of Diversity and Inclusion, and administrator of Limited
English Program.

Name of individual(s) responsible

1. Name: Ann Feaman                                     Email: ann.feaman@state.mn.us

 Title: Director, Office of Diversity and Equal         Phone: 651-259-7097
 Opportunity

C. Human Resources Director
Responsibilities
The Human Resources Office is responsible for ensuring equitable and uniform administration of all
personnel policies. Human Resources Directors are responsible for ensuring timely responses to all
Americans with Disabilities Act (ADA) requests for accommodations to remove barriers to equal
employment opportunity with the agency, assisting managers and supervisors in human resources
management activities.

Staff within Human Resources who work on affirmative action and diversity issues are accountable to
the Human Resources Director or designee.

Duties

The duties of Human Resources shall include, but not be limited to, the following:

   •     Maintain effective working relationships with agency affirmative action officers and designees.
   •     Provide leadership to HR staff and others to ensure personnel decision-making processes
         adhere to equal opportunity and affirmative action principles.
   •     Provide guidance in the development and utilization of selection criteria to ensure they are
         objective, uniform, and job related.
   •     Assist in recruitment and retention of protected class persons and notify managers and
         supervisors of existing disparities


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•   Ensure an Affirmative Action Pre-hire Review process is implemented and followed by hiring
       managers and supervisors by working effectively with the affirmative action officer.
   •   Initiate and report on specific program objectives contained in the affirmative action plan;
   •   Ensure that the reasonable accommodation process is implemented and followed for all
       employees and applicants in need of reasonable accommodation.
   •   Assist supervisors, managers and the Affirmative Action Officer in affirmative recruitment of
       protected group members through career and job fairs and other recruitment efforts, as well as
       in selection and retention of protected group members.
   •   Assist supervisors, managers, affirmative action officers, and human resources staff in the
       intentional creation of Supported worker positions that assist in reduction of agency costs by
       diverting supportive employment duties from higher skilled workers to a supported worker
       position and thus improve employee morale and retention of individuals with disabilities in
       integrated employment.
   •   Request recruitment assistance from MMB’s Statewide Director of Diversity Recruitment and
       Retention in the diversity recruitment and retention of protected group members in hard to fill
       or executive level positions.
   •   Include responsibility statements for affirmative action/equal employment opportunity in
       position descriptions and annual performance objectives.

Accountability

The Human Resources Director is accountable to the Deputy Commissioner of DEED, Blake Chaffee.
Human resources staff are accountable to the Human Resource Directors or designees.

Name of individual(s) responsible

1. Name: Dorcas Michaelson                                 Email: Dorcas.michaelson@state.mn.us

 Title: Director, HR-DEED                                  Phone: 651-259-7099

E. Americans with Disabilities Act Title I Coordinator
Responsibilities
The Americans with Disabilities Act (ADA) Title I Coordinator is responsible for the oversight of the
agency’s compliance with the ADA Title I – Employment, in accordance with the ADA - as amended and
the Minnesota Human Rights Act.

Duties:

The duties of the ADA Title I Coordinator shall include, but are not limited to, the following:




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•   Provide guidance, coordination, and direction to agency management with regard to the ADA in
       the development and implementation of agency policy, procedures, and practices to ensure
       agency employment practices and programs are accessible and nondiscriminatory.
   •   Provide training, technical guidance, and consultation to agency management and staff on
       compliance and best practices with regard to hiring and retention of individuals with disabilities
       as well as the provision of reasonable accommodations to employees and job applicants.
   •   Track and facilitate requests for reasonable accommodations for job applicants and employees,
       as well as members of the public accessing agency services, and report reasonable
       accommodations annually to MMB.
   •   Research case law rules and regulation and update Human Resources Directors on evolving ADA
       issues. Meet bi-annually with ADA Coordinators and provide updates on ADA.
   •   Ensure compliance with ADA reporting according to state and federal requirements.
   •   Assist the Affirmative Action Manager in designing and delivering specific ADA training for
       targeted groups.
   •   Submit reasonable accommodation reimbursement under the guidelines of the statewide
       accommodation fund.
   •   Provide reasonable accommodations to qualified individuals (as defined by ADA) with known
       physical or mental disabilities, to enable them to compete in the selection process or to
       perform the essential functions of the job and/or enjoy equal benefits and privileges. The ADA
       coordinator and the regional human resources director (RHRD) who also serves as the regional
       ADA coordinator, in consultation with the employee and supervisor, and other individuals who
       may need to be involved must:
           o Discuss the purpose and essential functions of the particular job and complete a step-
             by-step job analysis;
           o Determine the precise job-related limitations;
           o Identify the potential accommodations and asses the effectiveness each would have in
             allowing the employee to perform the essential functions of the job; and
           o After discussion and review, select and implement the accommodations that are
             appropriate for both the employee and the employer using the Reasonable
             Accommodation Agreement.

Accountability:

The ADA Title 1 Coordinator is accountable to Director of Office of Diversity and Equal Opportunity.

Name of individual(s) responsible

1. Name: Karen Lilledahl                                   Email: Karen.lilledahl@state.mn.us

 Title: ADA Coordinator/EO Officer                         Phone: 651-259-7089


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F. Americans with Disabilities Act Title II Coordinator
Responsibilities
The Americans with Disabilities Act (ADA) Title II Coordinator is responsible for the oversight of the
agency’s compliance with the ADA Title II – Public Services, in accordance with the ADA - as amended
and the Minnesota Human Rights Act.

Duties:

The duties of the ADA Title II Coordinator shall include, but not limited to, the following:

    •   Provide guidance, coordination, and direction to agency management with regard to the ADA in
        the development and implementation of agency policy, procedures, and practices to ensure
        agency services and programs are accessible and nondiscriminatory for the public.
    •   Provide training, technical guidance, and consultation to the agency’s management and staff on
        compliance and best practices with regards and obligations to members of the public with
        disabilities as well as the provision of reasonable modifications to visitors.
    •   Track and facilitate requests for reasonable modifications for members of the public accessing
        agency services, and report reasonable modifications annually to MMB.
    •   Research case law rules and regulation and update Executive team on evolving ADA issues.
        Meet bi-annually with state ADA Coordinators and learn updates on ADA.
    •   Ensure compliance with ADA reporting according to state and federal requirements.
    •   Assist the Affirmative Action Manager in designing and delivering specific ADA training for
        Agency employees assisting ADA modifications for the public.
    •   Provide reasonable modifications to members of the public (as defined by ADA) with known
        physical or mental disabilities, to ensure equal access and privileges to programming and
        services. The ADA Title II coordinator in consultation with the member of the public in need of a
        modification shall:
            o Discuss the purpose and essential functions of a particular reasonable modification;
            o Identify the potential modifications and asses the effectiveness each request.
            o After discussion and review, select and implement the modifications that are
              appropriate for both the member of the public and the Agency. This review shall be
              documented and reported in the State ADA Annual Report.

Accountability:

The ADA Title II Coordinator is accountable to the Director of the Office of Diversity and Equal
Opportunity.




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Name of individual(s) responsible

1. Name: Karen Lilledahl                                   Email: Karen.lilledahl@state.mn.us

 Title: ADA Coordinator/EO Officer                         Phone: 651-259-7089

G. Diversity Recruitment Coordinator
Responsibilities
The Diversity Recruitment Coordinator is responsible for the creation and coordination of the Diversity
Recruitment Plan outlined in this document.

Duties

The duties of Diversity Recruitment Coordinator shall include, but not be limited to, the following:

   •     Identify high need recruitment job areas within the agency.
   •     Communicate the strategic recruitment plan to human resources, the executive team,
         management, and staff.
   •     Assist the Director of ODEO in conducting periodic audits of recruitment activity to measure the
         effectiveness of efforts and activities to attaining strategic diversity goals and objectives.
   •     Maintain relationships with agency executive teams, human resources, and management to
         ascertain the diversity recruitment needs of the department.
   •     Maintain relationships with community stakeholders, colleges and universities, and workforce
         centers to continue effective diversity recruitment strategies.
   •     Maintain active participation in the statewide recruiters group and MNCARRS.

Accountability

The Diversity Recruitment Coordinator is accountable to the Director of Office of Diversity and Equal
Opportunity.

Name of individual(s) responsible

1. Name: Iftou Yoya                                        Email: Iftou.Yoya@state.mn.us

 Title: Diversity Recruiter/EO Officer                     Phone: 651-259-7102




Public Facilities Authority 2018-2020 Affirmative Action Plan                                           11
H. Managers and Supervisors
Responsibilities
Agency managers and supervisors are responsible for implementing all aspects of the agency
Affirmative Action Plan and the agency’s commitment to affirmative action and equal opportunity.

Duties

The duties of managers and supervisors shall include, but not be limited to, the following:

    •    Identify problem areas and eliminate barriers that inhibit equal employment opportunity within
         their units and the agency.
    •    Communicate the equal opportunity employment policy and the affirmative action program
         and plan to all employees assigned to their units.
    •    Assist the Affirmative Action Officer in conducting periodic audits of hiring and promotion
         patterns to remove impediments to attaining affirmative action goals and objectives.
    •    Hold regular discussions with supervisors and employees to ascertain that the agency’s equal
         employment opportunity policies are being followed.
    •    Inform and evaluate managers and supervisors on their equal employment opportunity efforts
         and results in addition to other job performance criteria.
    •    Demonstrate and practice a discrimination and harassment free work environment for all
         employees.

Accountability

Managers and supervisors are accountable directly to the Executive Director.

I. All Employees
Responsibilities
All employees are responsible for conducting themselves in accordance with the state of Minnesota’s
policy of equal employment opportunity by refraining from any actions that would subject any
employee to negative treatment on the basis of that individual’s race, creed, color, sex (including
pregnancy, gender identify or gender expression), national origin, age, marital status, familial status,
disability, sexual orientation, reliance on public assistance, membership or activity in a local human
rights commission, or religion. Employees who believe they have been subjected to such discrimination
or harassment are encouraged to use the agency’s complaint procedure.




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Duties:

The duties of all employees shall include, but are not limited, to the following:

   •   Exhibit an attitude of respect, courtesy and cooperation towards fellow employees and the
       public.
   •   Refrain from any actions that would adversely affect a coworker on the basis of their race, sex,
       color, creed, religion, age, national origin, disability, marital status, familial status, status with
       regard to public assistance, sexual orientation, gender identity, gender expression, or
       membership or activity in a local human rights commission.

Accountability:

Employees are accountable to their designated supervisor and indirectly to the agency’s Executive
Director. Employees are responsible for maintaining an environment free from harassment and
discrimination. All employees are responsible for conducting themselves in accordance with the
Affirmative Action Plan.


Communication of the Affirmative Action Plan
The following information describes the methods that the agency takes to communicate the
Affirmative Action Plan to employees and the general public:

Internal Methods of Communication
   •   A memorandum detailing the location of the Affirmative Action Plan and the responsibility to
       read, understand, support, and implement equal opportunity and affirmative action will be sent
       from the agency’s leadership or alternatively, the Affirmative Action Officer, to all staff on an
       annual basis.
   •   The agency’s Affirmative Action Plan is available to all employees on the agency’s network drive
       at S:\Groups\PFA\AAA_STAFF\Affirmative Action Plan or in print copy to anyone who requests
       it. As requested, the agency will make the plan available in alternative formats.
   •   A physical copy of the Agency’s Affirmative Action Plan will be available to employees at the
       following address:
                                         1st National Bank Building
                            332 Minnesota Street, Suite W820 Saint Paul, MN 55101

   •   Nondiscrimination and equal opportunity statements and posters are prominently displayed
       and available in areas frequented and accessible to employees.




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External Methods of Communication
   •   The agency’s Affirmative Action Plan is available on the agency’s public website, mn.gov/pfa or
       in print copy to anyone who requests it. As requested, the agency will make the plan available
       in alternative formats.
   •   The agency’s website homepage, letterhead, publications, and all job postings, will include the
       statement “an equal opportunity employer” and “women, minorities, and individuals with
       disabilities are encouraged to apply.” The agency will also ensure a representative ratio of
       diversity is on all diversity marketing materials.
   •   Nondiscrimination and equal opportunity statements and posters are prominently displayed
       and available in areas frequented by and accessible to members of the public. Examples of
       posters displayed include: Equal Employment Opportunity is the law, Employee Rights under
       the Fair Labor Standards Act, and the Americans with Disabilities Act Notice to the Public.
   •   A physical copy of the Agency’s Affirmative Action Plan will be available to contractors, vendors,
       and members of the public at the following address:
                                         1st National Bank Building
                            332 Minnesota Street, Suite W820 Saint Paul, MN 55101




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Appendix
PFA Discrimination and Harassment Prohibited Policy #417
INTRODUCTION
This chapter provides policy and procedures for dealing with discrimination, discriminatory
harassment, other inappropriate behaviors, and retaliation at the Minnesota Department of
Employment and Economic Development (DEED) (which includes Tourism and PFA). The purpose of
this policy is to ensure respectful work environments and services free of this prohibited conduct.

The policy covers any person, whether a paid PFA employee, applicant for employment, intern,
consultant, customer of PFA services, or contractor under management of PFA. Additional information
may be requested from the DEED Office of Diversity and Equal Opportunity (ODEO).

OBJECTIVE
The goals of this policy are:

    •   To ensure compliance with all applicable state and federal laws;
    •   To establish a written and readily accessible procedure regarding harassment and
        discrimination, including the compliant process; and
    •   To provide a timely and thorough review process for complaints.

POLICY
PFA prohibits inappropriate behaviors, discrimination, and harassment based on any of the following
protected bases: race, color, national origin, creed, religion, age, disability, sex (including sexual
harassment), gender (including gender identity and gender expression), sexual orientation, genetic
information, familial status, marital status, status with regard to public assistance, or
membership/activity in a local human rights commission. This policy applies to both overt acts and
those acts that create an intimidating, offensive, or hostile work environment. These prohibitions
extend to any location, activity, or event associated with DEED or its employees in their capacity as
state representatives.

PFA also prohibits retaliation against a person who files a complaint, participates in an investigation, or
otherwise opposes alleged or actual discrimination, harassment, or other inappropriate behaviors.




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DEFINITIONS

Discrimination

Conduct that segregates, treats differently, or impacts an employment or provision of service
decision(s) on the basis of an individual's protected class characteristic i.e., race, color, national origin,
creed, religion, age, disability, sex (including pregnancy and childbirth status; and sexual harassment),
gender (including gender identity and gender expression), sexual orientation, genetic information,
familial status, marital status, status with regard to public assistance, or membership in a local human
rights commission.

Discriminatory Harassment

A repeated, blatant, or persistent pattern of verbal, psychological, social, or physical action which
results in intimidation, ridicule, entrapment, degradation, coercion, or harm with the purpose or effect
of unreasonably and substantially interfering with and/or jeopardizing an individual’s employment.
Behavior that unreasonably creates an intimidating, hostile, or offensive work environment among co-
workers or between supervisors and subordinates and is based on a protected class characteristic.
Discriminatory harassment may include, but is not limited to: repeated disparaging, belittling,
demeaning, or insulting remarks; repeated jokes about an employee or a characteristic unique to the
employee; or sabotage of an employee's character, reputation, work efforts, or property.

NOTE: Any type harassment is a form of inappropriate behavior.

Inappropriate behaviors

Action or conduct that is not appropriate in the workplace. Examples of inappropriate behaviors
include, but are not limited to, cartoons that poke fun at a particular religious group; unwelcome
references, such as "babe" or "doll"; off-color or provocative remarks; belittling and undermining
another person's work; criticizing or showing a lack of respect for judgments, skills, or opinions of a
person; humiliating a person in front of colleagues (put-downs and name-calling); intimidating use of
discipline; destructive innuendos and sarcasm, including rumors and gossip; misuse of private
information; verbal and non-verbal threats; overly forceful language, including jokes, sarcasm, and
crude language; shouting; and invasion of personal space (e.g., entering someone's office without
knocking, physically standing over another person, rifling through personal files and drawers, reading
information on someone's desk without permission, blocking someone's exit, and banging on a desk).

Other Definitions

Age

The number of years that have passed since one's birth. State and federal laws protect individuals
against various forms of age discrimination.



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Color

The general appearance of one's skin or skin pigmentation.

Creed

A system of belief, principles, or opinions; includes religious and spiritual observances, practices, and
sincerely held beliefs.

Disability

A person with a disability is someone who 1) has a physical, sensory, or mental impairment that
materially/substantially limits one or more major life activity; 2) has a record of such an impairment; or
3) is regarded as having such an impairment.

Familial Status

The condition of one or more minors being domiciled (living) with (1) their parent(s) or the minor's
legal guardian or (2) the designee of the parent(s) or guardian with the written permission of the
parent(s) or guardian. The protections afforded against discrimination on the basis of family status
apply to any person who is pregnant or is in the process of adopting or securing legal custody of an
individual who has not attained the age of majority.

Gender (including Gender Identity and Gender Expression)

Gender is a social construct that includes both gender identity and gender expression. Gender is not a
result of physical or biological differences (see Sex). Gender is not binary. The most common genders
include female, male and transgender (See Transgender). This is not an exhaustive list. Gender is
distinct from sexual orientation (see Sexual Orientation). Transgender individuals can be lesbian, gay,
bisexual, straight, etc.

Gender identity refers to one’s internal, deeply-felt sense of being female, male, or something other or
in-between, regardless of the sex they were assigned at birth. Everyone has a gender identity that they
define for themselves and that they can change. One’s gender identity can be the same or different
from their sex assigned at birth.

Gender expression/presentation refers to the external appearance and physical manifestation of one’s
gender identity expressed personal choice of clothing, hairstyle, voice, behavior, body shape, etc.
These personal choices also extend to preferred pronouns she/her(s); he/his/his; they/their(s) etc.

NOTE: Gender and preferred pronouns should not be assumed based on someone’s appearance. It is a
best practice to respectfully ask an individual which pronouns they prefer.




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General Harassment (violates Respectful Workplace Policy)

Any unwelcome verbal, written, or physical conduct (not based on protected class status) that has a
negative impact on an individual or the work environment. Examples of harassment include, but are
not limited to, unwelcome remarks, jokes or innuendos; bullying; verbal abuse, intimidation, or
threats; hazing; offensive pictures, graffiti, cartoons, or sayings; and offensive e-mail messages.

DEED is committed to providing a respectful and professional workplace free of disrespectful or
unprofessional communications or behavior. Any disrespectful or unprofessional communications or
behavior not involving a protected class status should refer to the Respectful Workplace Policy.

NOTE: Disrespectful and/or unprofessional behavior does not include any of the following:
  • The normal exercise of supervisory or managerial responsibilities, including, but not limited to
      performance reviews, work direction, performance management, and disciplinary action
      provided they are conducted in a respectful, professional manner.
  • Disagreements, misunderstandings, miscommunication or conflict situations where the
      behavior remains professional and respectful.

Genetic Information

Includes information about an individual’s genetic tests and the genetic tests of an individual’s family
members, as well as information about any disease, disorder, or condition of an individual’s family
members (i.e. an individual’s family medical history).

Local Human Rights Commission

An agency of a city, county, or group of counties created pursuant to law or a resolution of a county
board, city charter, or municipal ordinance for the purpose of dealing with discrimination on the basis
of race, color, creed, religion, national origin, sex, age, disability, marital status, status with regard to
public assistance, sexual orientation, or familial status.

Marital Status

Whether a person is single, married, remarried, divorced, separated, or a surviving spouse; and, in
employment cases, includes protection against discrimination on the basis of the identity, situation,
actions, or beliefs of a spouse or former spouse.

National Origin

The place of birth of an individual or any of the individual's lineal ancestors.




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Race

A social construct that considers a human population distinct based on their common history,
nationality, or geographic distribution. Can also be based on descent (racial classification of parents)
and/or one or more physical characteristics.

Retaliation

Occurs when adverse actions are imposed against individuals who have reported allegations of
discrimination or harassment or have participated in an investigation. An adverse action is a tangible
employment action that causes a significant change in employment status, such as demotion,
termination, failure to promote, or reassignment with significantly negative changes in responsibilities.
Mere inconveniences or business-driven alterations of job responsibilities are not necessarily adverse
actions.

NOTE: The same laws that prohibit discrimination and harassment based on protected class status also
prohibits retaliation against individuals who oppose unlawful discrimination or participate in a
discrimination proceeding.

Religion

A commitment or devotion to a religious faith or observance. Religion includes all aspects of religious
observance, practice, and belief. An employer is obligated to reasonably accommodate the religious
observances or practices of employees and applicants, unless doing so would cause an undue hardship
on the nature of its business.

Sex

Sex, or sex assigned at birth, is the assignment and classification of people as female, male, intersex, or
another sex category. Sex is assigned to each of us at birth based on a variety of physical and biological
characteristics including chromosomes, hormones, anatomy, genitals, reproductive organs, and
secondary sex characteristics. Sex discrimination also includes, but is not limited to, pregnancy,
childbirth, and disabilities related to pregnancy or childbirth.

Sexual Harassment

Unwelcome sexual attention that substantially interferes with an individual’s work environment or his
or her ability to perform job functions or to fully access and receive services. It may involve sexual
advances, request for sexual favors, sexually motivated physical contact, intimidation, threats,
coercion, or other verbal, non-verbal, or physical conduct or communication that is both unwelcome
and of a sexual nature.

Examples of sexual harassment may include:



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•   Any behavior of a sexual nature that the recipient or bystander finds unwelcome.
   •   Unwanted sexual comments, looks, innuendos, or suggestions about one's body or sexual
       activity.
   •   Unwanted, unnecessary touching, brushing against one's body, patting, or pinching.
   •   Demanding sexual favors accompanied by implied or overt threats concerning conditions of
       employment.
   •   Displaying pictures, objects, or publications of a sexual nature in work areas.
   •   Use of language implying inferiority based on sex.
   •   Electronic display or transmission of sexually explicit, obscene, or demeaning material.
   •   The deliberate or careless creation of an atmosphere of sexual harassment or intimidation.

Sexual Orientation

The attractions and relationships between your sex/gender and others’ sexes/genders. Components of
sexual orientation include sexual desire, behavior, and identity. Orientations may include lesbian, gay,
bisexual, queer, pansexual, fluid, or heterosexual (straight) – this is not an exhaustive list.

Status with Regard to Public Assistance

The condition of being a recipient of federal, state, or local assistance--including medical assistance--or
of being a tenant receiving federal, state, or local subsidies, including rental assistance or rent
supplements.

Transgender

Transgender is an umbrella term for people whose gender identity or gender expression differs from
the sex they were assigned at birth and/or whose gender is not validated by the dominant culture. A
person whose sex assigned at birth was female but who identifies as male is a transgender man (also
known as female-to-male or FTM). A person whose sex assigned at birth was male but who identifies
as female is a transgender woman (also known as male-to-female or MTF). Some people described by
this definition don’t consider themselves transgender. They may use other words, or may identify
simply as a man or woman. A person does not need to identify as transgender in order for gender
nondiscrimination policies to apply to them.

Most transgender people seek to make their gender expression (how they look) match their gender
identity (who they are), rather than their sex assigned at birth – this process is known as transition.
Transitioning may include coming out, changing one’s name/sex on legal documents, and for many
transgender people, accessing medical treatment such as hormone therapy and surgery.

Cisgender (or cis) is used to refer to the alignment of gender identity with sex assigned at birth. The
term was created for referring to non-transgender people without alienating transgender people. Most
people are cisgender. If one’s sex assigned at birth was female and the person identifies as female,
then she is cisgender.


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GENERAL CONDITIONS
Application of this policy is the responsibility of each PFA manager, supervisor, and employee. Any
supervisor or manager who witnesses or receives a written or oral complaint of alleged discrimination,
harassment, other inappropriate behaviors, or acts of retaliation that occur in PFA employment or
provision of services shall promptly report it to the Office of Diversity and Equal Opportunity, Director
of Human Resources, the Deputy Commissioner, or the Commissioner. A failure to report such
information is considered a violation of this policy.

Employees may be asked to participate in an investigation. Participation in an investigation is
voluntary. However, anyone who participates is expected to provide truthful, accurate information. If
someone chooses not to participate, the office of Diversity and Equal Opportunity will still make
investigative findings.

Violation of this policy may constitute grounds for disciplinary action, up to and including discharge.
Each situation will be evaluated on individual circumstances and severity.

ODEO offers training on preventing and responding to all forms of discrimination, including sexual
harassment, in the workplace. All PFA employees must attend this training once every five years.

COMPLAINTS
For the purposes of this policy, a complaint is a dispute or disagreement based on the belief of the
complainant that they have been discriminated against, harassed, or otherwise treated
inappropriately. The alleged action must be attributed to discrimination or discriminatory harassment
based on a person's race, color, national origin, creed, religion, age, disability, sex (including sexual
harassment), gender (including gender identity and gender expression), sexual orientation, genetic
information, familial status, marital status, status with regard to public assistance, or
membership/activity in a local human rights commission. A complaint may also be brought by anyone
who believes they are the victim of a retaliatory action by a PFA employee as the result of filing a
complaint, cooperating in an investigation, or otherwise participating in any action under the
complaint procedure.

The complaint procedure may be used by any employee, intern, contractor, applicant for employment,
person eligible for consideration for employment, volunteer, member of a community board, or PFA
customer. (See “Discrimination and Harassment Complaint Procedure” below for the complaint
process and procedures.)

Employees and customers are encouraged to use the ODEO complaint form found at the end of this
policy but complaints will be accepted in additional formats.

Complaints must be filed within 365 days of the last occurrence.




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Confidentiality
During the course of an investigation, all documentation associated with the complaint will be
considered confidential, except where disclosure is required by law or a business necessity.
Information gathered during the course of an investigation will only be shared with those who have a
business need to know in order to reach a resolution. The investigative file remains at ODEO. The file is
confidential and kept separate from an employee’s personnel file. The investigative file can only be
accessed as permitted by the Minnesota Data Practices Act.

General Provisions
   •   Coercion, reprisal, or intimidation against those filing a complaint (the “complainant”) or
       serving as a witness is prohibited. Any alleged coercion or reprisal will be investigated as an
       additional charge of discrimination.
   •   ODEO has the discretion to accept a complaint after termination of employment.
   •   The complainant, through an equal opportunity officer, will be advised of his/her/their right to
       file a charge of discrimination with outside administrative agencies.
   •   Regardless of the outcome of an investigation, DEED will take no adverse or retaliatory action
       against a complainant because she/he/they filed a complaint or reported conduct she/he/they
       considered to be a violation of DEED’s policy against discrimination and discriminatory
       harassment.

Who Does this Apply To?
All complainants, including employees, applicants for employment, interns, consultants, customers of
DEED’s services, or contractors under management of PFA may, at any time, report a complaint to any
of the following:

   •  The Office of Diversity and Equal Opportunity
         o DEED.ODEO@state.mn.us
         o Kimberly Malone, Investigator/Equal Opportunity Consultant 651.259.7684
         o Ann Feaman, ODEO Director 651.259.7097
         o Karen Lilledahl, Equal Opportunity Officer/ADA Coordinator 651.259.7089
   • Any supervisor, manager, or director
   • Any HR personnel
The Commissioner, any Deputy Commissioner, or Assistant Commissioner




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PFA Sexual Harassment Prohibited Policy PPM #421
Introduction
This chapter provides policy and procedures for dealing with sexual harassment at the Minnesota
Department of Employment and Economic Development (DEED) (this includes Tourism and PFA). The
purpose of this policy is to ensure respectful work environments and services free of sexual
harassment.

The policy covers any person, whether a paid PFA employee, applicant for employment, intern,
consultant, customer of PFA services, or contractor under management of PFA. Additional information
may be requested from the DEED Office of Diversity and Equal Opportunity (ODEO).

Objective
To create a work environment free from sexual harassment of any kind.

To ensure compliance with all applicable state and federal laws.

To establish a written and readily accessible procedure regarding sexual harassment, including the
complaint process.

To provide a timely and thorough review process for complaints.

Policy
PFA strictly prohibits sexual harassment in any form of any employee or third party that takes place
within the workplace or public service environment, or that affects the workplace or public service
environment. These prohibitions extend to any location, activity, or event associated with PFA or its
employees in their capacities as representatives of the State of Minnesota. Individuals who believe
they have been subject to sexual harassment are encouraged to file a complaint.

Any form of retaliation directed against a complainant or an individual who participates in any
investigation concerning sexual harassment is strictly prohibited and will not be tolerated.

State employees who violate this policy will be subject to discipline, up to and including discharge.
Violations of this policy by third parties will be subject to appropriate action, which may be determined
in partnership with Minnesota Management and Budget.

Definitions and Key Terms
Complainant

An individual who complains about sexual harassment or retaliation.




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Public service environment

A location that is not the workplace where public service is being provided.

Sexual harassment

Sexual harassment under this policy is any conduct or communication of a sexual nature that is
unwelcome. The complainant, as well as the respondent, can be of any gender. The complainant does
not have to be of the opposite sex as the respondent.

Examples of sexual harassment include but are not limited to:

   1. Unwelcome sexual innuendoes, suggestive comments, jokes of a sexual nature, sexual
      propositions, suggestions about one's body or sexual activity, degrading sexual remarks,
      threats;
   2. Unwelcome sexually suggestive objects or pictures, publications, or graphic commentaries.
      Electronic display or transmission of sexually explicit, obscene, or demeaning material;
   3. Suggestive or insulting sounds, leering, whistling, obscene gestures;
   4. Unwelcome physical contact or sexual advances, such as rape, sexual assault, molestation, or
      attempts to commit these assaults; sexually motivated physical contact such as unwelcome
      touching, patting, pinching, or brushing of or by the body;
   5. Requests for sexual favors, preferential treatment or promises of preferential treatment for
      submitting to sexual conduct, including soliciting or attempting to solicit an individual to submit
      to sexual activity for compensation or reward;
   6. Intimidation, coercion, negative treatment or threats of negative treatment for refusing to
      submit to sexual conduct;
   7. Subjecting, or threatening to subject, an individual to unwelcome sexual attention or conduct;
   8. The deliberate or careless creation of an atmosphere of sexual harassment or intimidation.
   9. Any other verbal, non-verbal, or physical conduct or communication that is both unwelcome
      and of a sexual nature.

Respondent

An individual alleged to have engaged in sexual harassment.

Retaliation

Retaliation is any adverse or negative action taken against an employee for filing a complaint or
reporting sexual harassment, or taken against an individual who participated in an investigation of
sexual harassment. Any alleged act of retaliation will be investigated as an additional complaint or
charge of harassment.



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Third party

Individuals who are not State employees but who have business interactions with State employees,
including, but not limited to:

   •   Applicants for State employment
   •   Vendors
   •   Contractors
   •   Volunteers
   •   Customers
   •   Business Partners

Complaints

Confidentiality

All information and documentation gathered during the course of an investigation is considered to be
confidential and will only be shared where disclosure is required by law or there is a business need to
know in order to reach a resolution. Investigative files will remain with ODEO, kept confidential and
separate from employee personnel files. Investigative files can only be accessed as permitted by the
Minnesota Government Data Practices Act.

Complaint Process

The complaint procedure may be used by any employee or third party.

Employees and or third parties are encouraged to use the ODEO complaint form found at the end of
this policy, but complaints will be accepted in additional formats.

Complaints must be filed within 365 days after the last occurrence of the alleged discriminatory act. If a
complaint is filed after 365 days, ODEO will determine whether the complaint should be investigates.

See “Discrimination and Harassment Complaint Procedure” below for the complaint process and
procedures.




Discrimination and Harassment Complaint Procedure
Public Facilities Authority has established the following complaint procedure to be used by all
individuals alleging harassment, discrimination, or retaliation in violation of the Harassment and
Discrimination Prohibited Policy or the Sexual Harassment Prohibited Policy. Coercion, retaliation, or



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intimidation against anyone filing a complaint or serving as a witness under this procedure is
prohibited.

These are the steps for filing and processing a complaint:

Who              Step What

Complainant        1 Initiate a complaint in person, over the phone, or in writing by contacting:

                           • The Office of Diversity and Equal Opportunity
                                o DEED.ODEO@state.mn.us
                                o Kimberly Malone, Investigator/Equal Opportunity Consultant
                                    651.259.7684
                                o Ann Feaman, ODEO Director 651.259.7097
                                o Karen Lilledahl, Equal Opportunity Officer/ADA Coordinator
                                    651.259.7089
                           • Any supervisor, manager, or director
                           • Any HR personnel
                           • The Commissioner, any Deputy Commissioner, or Assistant Commissioner
                       We encourage complainants who wish to submit a complaint in writing to submit
                       the ODEO Complaint Form to the Office of Diversity and Equal Opportunity. The
                       ODEO Complaint Form can be found at the end of this policy.

                       Complainants may be asked to submit additional materials as requested.

                       Note: Complaints must be brought within one year (365 days) after the last
                       occurrence of the alleged discriminatory act.

ODEO               2 ODEO will determine, within 10 days of receiving the complaint, whether ODEO
                     has jurisdiction by determining if the complaint alleges discrimination or
                     discriminatory harassment against the individual's protected class characteristic
                     and if the complaint is timely and proper for resolution through this complaint
                     procedure.

                           •   If it is determined that the complaint is in fact a discrimination complaint,
                               continue to Step 3.
                           •   If it is determined that the complaint is not related to discrimination or
                               discriminatory harassment based on a protected class, but rather, general
                               harassment in violation of the Respectful Workplace policy, ODEO will
                               refer it to the complainant's supervisor, the Human Resources Office, the
                               site manager, or the proper administrative agency for investigation.
                           •   If the complainant is suffering irreparable harm in the absence of
                               immediate action, the ODEO director, the Human Resources director, a


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