Equal Employment Opportunity Policies

The Metropolitan Transportation Authority (“MTA”) is fully committed to equal employment opportunity for all employees and applicants for employment without regard to race, color, religion, creed, national origin, ancestry, sex, sexual orientation, age, disability, predisposing genetic characteristic, gender identity and expression, pregnancy, veteran or military status, marital/familial/partnership/caregiver status, status as a victim of domestic violence, stalking and/or sex offenses, or any legally protected basis. In addition, MTA will not impermissibly use or rely on credit history, arrest/conviction records, unemployment history, or salary history in its employment practices. MTA’s EEO Policy applies to all employment actions, including but not limited to hiring, promotion, upgrading, working conditions, demotion, transfer, recruitment or recruitment advertising, layoff or other discharge, recall, rates of pay or other forms of compensation, treatment of employees, benefits, and selection for training. Further, MTA expressly prohibits any form of harassment based on the aforementioned protected bases. These forms of discrimination or harassment are prohibited in the workplace and in any location that could reasonably be regarded as an extension of the workplace, such as business travel or outside training, and will not be tolerated.

All employees and applicants for employment shall be protected from retaliation or harassment for filing a complaint or participating in the investigation of a complaint, participating in any employment discrimination proceeding or other protected activity. Such retaliation or harassment is strictly prohibited and will not be tolerated. MTA is committed to providing reasonable accommodations to applicants and employees who need them because of a disability or pregnancy/childbirth or related medical condition, or to practice or observe their religion, absent undue hardship as required by applicable law.

MTA is fully committed to complying with all applicable laws and regulations that call for the establishment and implementation of a program providing for equal employment opportunities for all employees and applicants for employment. To that end, MTA has developed a written nondiscrimination program that sets forth the policies, practices, and procedures, with goals and timetables, to which MTA is committed. This program is available for inspection by employees or applicants for employment upon request. All managers and supervisors share in the responsibility for complying with and promulgating this program and are assigned specific tasks to ensure and achieve compliance. Their performance in connection with this responsibility will be evaluated in the same manner the agency evaluates their performance in other agency programs.

Michael J. Garner, Chief Diversity Officer, reports directly to the MTA President. Mr. Garner is responsible for implementing MTA’s EEO Policy and coordinating MTA’s equal employment opportunity program. If you believe you have been subjected to a violation of MTA’s EEO Policy in your employment or application for employment, you have a right to file complaints of discrimination and/or retaliation directly with Mr. Garner at 2 Broadway, 16th Floor, New York, NY 10004 and mgarner@mtahq.org – by phone at (646) 252-1385 or you can contact any EEO personnel. You may also report a potential violation to your immediate supervisor or a higher level supervisor, although you are not required to do so.

Managers and supervisors are required to notify Mr. Garner as soon as they receive a complaint or otherwise observe, learn about, or suspect any improper discriminatory or retaliatory conduct, regardless of whether or not:

• A written statement is provided contemporaneously,
• The complainant requests that no action be taken and/or requests confidentiality, or
• The complainant works in the manager/supervisor’s department, division or unit.

If it is determined that a violation of MTA’s EEO Policy has occurred, MTA will take appropriate action to remedy the situation. Any employee who is found to have violated the EEO Policy, or any supervisory or managerial employee who knowingly permits a violation of the EEO Policy to occur, may be subject to disciplinary action, up to and including dismissal from employment. Such an employee may also be subject to personal legal and financial liability.

You may also file a complaint externally with an outside agency/organization. For certain complaints, you may be required to file directly in State Court. The following external agencies handle complaints of discrimination and retaliation:

• The United States Equal Employment Opportunity Commission, New York District Office, 33 Whitehall Street, 11th Floor – New York, NY 10004
• The New York State Division of Human Rights, New York District Office, 100 Gold Street, 4th Floor New York, NY 10038

This Policy Statement is to be posted in prominent locations throughout the MTA’s facilities.