February 2010

RE: Equal Employment Opportunity Policy

Dear Fellow Employees:

It has been and will continue to be the policy of the MTA New York City Transit, including MaBSTOA and SIRTOA, to be an Equal Opportunity Employer.  In keeping with this Policy, MTA New York City Transit will continue to administer all personnel policies, practices, and benefits of employment in a non-discriminatory manner.  Equal Employment Opportunity (EEO) exists when employment decisions are made without unlawful consideration being given to race, color, religion, creed, gender (including gender identity), national origin, age, disability, predisposing genetic characteristics, military status, marital status, or status as a victim of domestic violence, sexual orientation, or prior record of arrest or conviction.

Discrimination is also prohibited with regard to terms and conditions of employment, including policies and practices affecting:

• Recruitment, Hiring and Placement   
• Assignments and Working Conditions
• Performance Evaluation   
• Disciplinary Actions, Layoff, Recalls or Terminations 

• Training and Educational Programs
• Compensation or Benefits
• Promotions, Demotions or Transfers

It is the policy of MTA New York City Transit, in accordance with applicable law, to provide reasonable accommodations to qualified applicants and employees with disabilities to enable them to participate fully in all the terms, conditions and privileges of employment. 

MTA New York City Transit also expressly prohibits any form of unlawful harassment based on race, color, religion, creed, gender (including gender identity), national origin, age, disability, predisposing genetic characteristics, military status, marital status, or status as a victim of domestic violence, sexual orientation, prior record of arrest or conviction record, or any other legally protected basis.

We have established an Equal Employment Opportunity Program designed to ensure equality of opportunity for all employees and applicants for employment.  All managers and supervisors share responsibility for implementing the goals of the Equal Employment Opportunity Program, and their performance toward achieving these goals will be measured in the same manner as their performance toward other business goals.  MTA New York City Transit is proud of its record in promoting equal employment opportunities and will continue in its efforts to ensure the fuller utilization and development of previously underutilized human resources.

Acts of unlawful discrimination and unlawful harassment by employees are inappropriate and will not be tolerated.  Behavior of this nature is a form of misconduct and is subject to disciplinary action up to and including termination of employment.  Joel C. Andrews, Chief Officer, MTA New York City Transit Office of Equal Employment Opportunity is responsible for coordinating MTA New York City Transit's EEO Program.  Any employee or applicant for employment who believes that he/she has suffered unlawful discrimination or harassment should immediately contact his/her supervisor, Departmental EEO Liaison, and/or Mr. Andrews at 130 Livingston Street, 3rd Floor, Brooklyn, New York 11201.  Mr. Andrews can be reached by telephone at (718) 694-1730.

However, please remember that an employee or job applicant who believes that he/she has been subjected to employment discrimination must file a complaint with the Office of EEO within 365 days of the date the alleged discriminatory act occurred, or within 365 days of the date the employee or job applicant could reasonably have been expected to have known of the alleged discrimination.

An employee or applicant may also contact the U.S. Equal Employment Opportunity Commission or the New York State Division of Human Rights.

In all cases, confidentiality will be maintained throughout the investigation of a complaint to the extent practical and consistent with MTA New York City Transit's obligation to undertake a full inquiry and to make a determination.

Managers and supervisors shall notify the Office of EEO of all complaints of employment discrimination and discriminatory harassment as soon as they become aware of such complaints, even if the complainant does not report to them, and/or is not an employee in the manager or supervisor’s department.  Supervisors who become aware of unlawful discrimination or unlawful harassment must take immediate action to stop such acts.

Reprisal against or interference with an employee or applicant's right to file a complaint constitutes a violation of this Policy.  Any employee who willfully engages in such conduct shall be subject to disciplinary action, up to and including termination.

I am personally committed to both the principles and spirit of Equal Employment Opportunity.  Therefore, I encourage all of you to join me in making MTA New York City Transit the model of our industry.

This Policy is to be posted in prominent locations throughout all MTA New York City Transit facilities.

Sincerely,

Thomas F. Prendergast