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MTS EEO Compliance Review

Location: San Diego, CA   
Date of Final Report: August, 2008

Metropolitan Transit System (MTS) Transmittal Letter

August 28, 2008

Mr. Paul Jablonski
Chief Executive Officer
San Diego Metropolitan Transit System
1255 Imperial Avenue, Suite 1000
San Diego, CA 92101

Re: EEO Compliance Review

Dear Mr. Jablonski:

Thank you for your response to the Federal Transit Administration's (FTA) letter and preliminary report of findings of the Equal Employment Opportunity Program (EEO) compliance review conducted at the Metropolitan Transit System (MTS) in February 2008. Enclosed is the final report that incorporates MTS official response. As of the date of this letter the final report became a public document and is subject to dissemination under the Freedom of Information Act of 1974.

We have also enclosed a progress table listing FTA’s understanding of the corrective actions either planned or taken by MTS in response to the preliminary findings contained in the draft report. If you feel that our summarization of corrective actions is inconsistent with your response, please inform us in writing as soon as possible.

Please use the enclosed table as the format to report progress to FTA on the corrective actions MTS has completed or intends to implement as a result of our findings. Please identify each response by item number. The requested documentation, along with updates on the status of implementation of proposed corrective actions, should be provided in quarterly reports to FTA. Each report should include the planned and actual completion date of the corrective action; the current status and contact person information for each corrective action; and specific reporting requests cited in this letter and on the enclosed table. The first report will be due on November 15, 2008, and should include data for the months of August, September, and October 2008. The report should include any actions completed prior to that date that have not already been addressed. Additional reports will be due on February 15, 2009; May 15, 2009; August 15, 2009, and each calendar quarter thereafter until FTA releases MBTA from this reporting requirement.

We request that your first progress report more fully respond to the following findings, which are also addressed in the progress table.

Compliance Findings: MTS’s Equal Employment Opportunity Program

Item 2. Statement of Policy:

Requirement: An EEO Program must include a statement issued by the CEO regarding EEO policy affecting all employment practices, including recruitment, selection, promotions, terminations, transfers, layoffs, compensation, training, benefits, and other terms and conditions of employment.
Finding: Policy statement did not contain a commitment to Affirmative Action and included a statement that adherence to the policy was subject to State law. 
Corrective Action: Within 120 days, MTS must submit to the FTA Office of Civil Rights a revised Policy Statement that contains:

  • A commitment to Affirmative Action
  • Eliminates any reference to adherence being limited to that allowable by State law. 
  • This proposal and the agreed upon schedule to satisfy this deficiency has been accepted.

Item 3. Dissemination:

Requirement: Formal communication mechanisms should be established to publicize and disseminate the recipient’s EEO policy, as well as appropriate elements of the program, to its employees, applicants and the general public.

Finding: Inadequate internal and external dissemination of the EEO Policy. 
Corrective Action: Within 120 days, MTS must submit to the FTA Office of Civil Rights Equal Opportunity documentation that it has disseminated the revised EEO Policy, internally and externally, in accordance with the guidance contained in FTA Circular 4704.1.
This proposal and the agreed upon schedule to satisfy this deficiency has been accepted.

Item 4. Designation of Personnel Responsibility:

Requirement: The importance of an EEO program is indicated by the individual the agency has named to manage the program and the authority this individual possesses. An executive should be appointed as Manager/Director of EEO who reports and is directly responsible to the agency’s CEO. 
Finding: Inadequate written procedures for conflict resolution for collateral duty assignment.
Corrective Action: Within 120 days, MTS must submit to the FTA Office of Civil Rights a comprehensive and non-restrictive policy and procedure for addressing possible conflicts regarding the dual obligations/responsibilities of the Director of HR and LR, as required by FTA Circular 4704.1.
This proposal and the agreed upon schedule to satisfy this deficiency has been accepted.

Item 6. Goals and Timetables:

Requirement: Specific and detailed percentage and numerical goals with timetables must be set to correct any underutilization of specific affected classes of persons identified in the utilization analysis.
Finding: Improperly calculated EEO goals.
Corrective Action: MTS must develop EEO Program goals tin accordance with FTA Circular 4704.1
This proposal and the agreed upon schedule to satisfy this deficiency has been accepted and closed 2/28/08.

Item 8: Monitoring and Reporting System:

Requirement: The reporting system should provide documentation to support actions that affect minority and women job applicants or employees. Management should be kept informed of program effectiveness.
Finding: MTS did not monitor FTA funded contractors for EEO compliance.
Corrective Action: Within 120 days, MTS must submit to the FTA Office of Civil Rights:

Copies of the EEO Programs for each of the applicable contractors

Procedures that MTS will utilize to monitor the contractors to assure that there are no discriminatory practices or outcomes in employment matters

This proposal and the agreed upon schedule to satisfy this deficiency has been accepted.

Item 9: Title I of the ADA:

Requirement: All recipients of federal financial assistance are required to prohibit employment discrimination on the basis of disability, and whenever a complaint is made, to have a process to make a prompt investigation whenever a Compliance Review, report, complaint, or any other information indicates a possible failure to comply with the ADA.
Finding: No written policy on reasonable accommodations for persons with disabilities in accordance with the ADA.

Corrective Action: MTS must develop a policy on reasonable accommodation and notify employees and applicants.
This proposal and the agreed upon schedule to satisfy this deficiency has been accepted
and closed 4/29/08.

We recognize the efforts MTS has already made to correct the deficiencies identified in the draft report, and we anticipate its continued endeavors to take further corrective actions as noted in this letter. We appreciate the cooperation and assistance that you and your staff have provided us during this review. If you have any questions about this matter, please contact Derrin Jourdan, Regional Civil Rights Officer, at (415) 744-2729 or at the following address:

Mr. Derrin Jourdan
FTA Region 9
201 Mission Street
San Francisco, CA 94105-1926
Derrin.Jourdan @dot.gov


Sincerely,

Cheryl L. Hershey
Director, Office of Civil Rights
Enclosures (2)
cc: Leslie T. Rogers, FTA Region IX Administrator
Derrin Jourdan, FTA Region IX Civil Rights Officer
Nadeem S. Tahir, FTA Region IX Director of Program Management & Oversight

Summary of Findings

1. Requirements of FTA Circular 4704.1: Program Submission

Site Review Finding: ND

2. Requirements of FTA Circular 4704.1:Statement of Policy

Site Review Finding: D

Deficiencies: Policy statement did not contain a commitment to Affirmative Action and included a statement that adherence to the policy was subject to State law.

Corrective Actions: MTS must submit to the FTA Office of Civil Rights a revised Policy Statement that contains:

  • A commitment to Affirmative Action
  • Eliminates any reference to adherence being limited to that allowable by State law. 

Response Days/Date: 120 days

3. Requirements of FTA Circular 4704.1: Dissemination

Site Review Finding: D

Deficiencies: Inadequate internal and external dissemination of the EEO Policy

Corrective Actions: MTS must submit to the FTA Office of Civil Rights Equal Opportunity documentation that it has disseminated the revised EEO Policy, internally and externally, in accordance with the guidance contained in FTA Circular 4704.1.

Response Days/Date: 120 days

4. Requirements of FTA Circular 4704.1: Designation of Personnel Responsibility

Site Review Finding: D

Deficiencies: Inadequate written procedures for conflict resolution for collateral duty assignment

Corrective Actions: MTS must submit to the FTA Office of Civil Rights a comprehensive and non-restrictive policy and procedure for addressing possible conflicts regarding the dual obligations/responsibilities of the Director of HR and LR, as required by FTA Circular 4704.1.

Response Days/Date: 120 days

5. Requirements of FTA Circular 4704.1: Utilization Analysis

Site Review Finding: ND

6. Requirements of FTA Circular 4704.1: Goals and Timetables

Site Review Finding: D

Deficiencies: Improperly calculated EEO goals

Corrective Actions: MTS must develop EEO Program goals tin accordance with FTA Circular 4704.1

Response Days/Date: Closed 02/28/08

7. Requirements of FTA Circular 4704.1: Assessment of Employment Practices

Site Review Finding: ND

8. Requirements of FTA Circular 4704.1: Monitoring and Reporting System

Site Review Finding: D

Deficiencies: MTS did not monitor FTA funded contractors for EEO compliance.

Corrective Actions: MTS must submit to the FTA Office of Civil Rights:

  • Copies of the EEO Programs for each of the applicable contractors
  • Procedures that MTS will utilize to monitor the contractors to assure that there are no discriminatory practices or outcomes in employment matters

Response Days/Date: 120 days

9. Requirements of FTA Circular 4704.1: Title I of the ADA

Site Review Finding: D

Deficiencies: No written policy on reasonable accommodations for persons with disabilities in accordance with the ADA

Corrective Actions: MTS must develp a policy on reasonable accomodation and notify employees and applicants.

Response Days/Date: Closed 04/29/08

ND = No Deficiency; D = Deficiency; NA = Not Applicable; NR = Not Reviewed; AC=Advisory Comments

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