Chapter 5.09 POLICY OF EQUITY

5.09.010 Policy of statement.

5.09.020 Definitions.

5.09.030 Score of coverage.

5.09.040 Administration of policy.

5.09.010 Policy of statement.

It is the policy of the County to preserve the dignity and professionalism of the workplace as well as to protect the right of employees to be free from discrimination, unlawful harassment, retaliation and/or inappropriate conduct toward others based on a protected status. Discrimination, unlawful harassment, retaliation and/or inappropriate conduct on the basis of sex, race, color, ancestry, religion, national origin, ethnicity, age (40 and over), disability, sexual orientation, marital status, medical condition or any other protected characteristic protected by State or federal employment laws are unacceptable. Inappropriate conduct based on a protected status includes conduct that may not meet the legal definition of discrimination or unlawful harassment. County employees are responsible for conducting themselves according to this policy, including the reporting of conduct which potentially violates this policy. (Ord. 2011-0029 § 2, 2011)

5.09.020 Definitions.

A. Discrimination is the disparate or adverse treatment of an individual based on the individual's sex, race, color, ancestry, religion, national origin, ethnicity, age (40 and over), disability, sexual orientation, marital status, medical condition or any other protected characteristic protected by State or federal employment laws.
B. Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal, visual or physical conduct of a sexual nature which includes any of the following:
1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; or
2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
3. Such conduct has the purpose or effect of unreasonably interfering with the individual's employment or creating an intimidating, hostile, offensive, or abusive working environment.
C. Unlawful harassment (other than sexual) is conduct which has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, offensive, or abusive work environment based upon the individual's race, color, ancestry, religion, national origin, ethnicity, age (40 and over), disability, sexual orientation, marital status, medical condition or any other protected characteristic protected by State or federal employment laws.
D. Inappropriate conduct toward others is any physical, verbal, or visual conduct based on or because of sex, race, color, ancestry, religion, national origin, ethnicity, age (40 and over), disability, sexual orientation, marital status, medical condition or any other protected characteristic protected by State or federal employment laws when such conduct reasonably would be considered inappropriate for the workplace. Such conduct need not meet legally actionable State and/or federal standards of severe or pervasive action to violate this policy.
E. Retaliation is an adverse employment action against another for reporting a protected incident, for filing a complaint regarding conduct that violates this policy, for participating in an investigation or administrative proceeding, or for otherwise exercising their rights or performing their duties under this policy. (Ord. 2011-0029 § 2, 2011)

5.09.030 Score of coverage.

This policy prohibits discrimination, unlawful harassment, retaliation, and inappropriate conduct toward others based on a protected status in the workplace, in other work-related settings such as off site work-related events with a nexus to the workplace, and through the use of any communication system or equipment in the workplace, including but not limited to, electronic mail, internet, intranet, telephone lines, computers, facsimile machines, voice-mail, radio, cell phones, and mobile or digital devices. This policy applies not only to county employees and applicants for employment, but also persons who have a nexus with the county such as county volunteers and outside vendors. (Ord. 2011-0029 § 2, 2011)

5.09.040 Administration of policy.

A. The Executive Office of the Board of Supervisors or its designee shall be responsible for the administration, implementation and maintenance of this policy and procedures.
B. The County Department of Human Resources is responsible for:
1. Educating managers, supervisors and employees, and informing them of their rights and responsibilities under this policy and its procedures;
2. Developing processes for conducting investigations of alleged, potential violations and advising management on corrective actions when such actions appear to be warranted;
3. Investigating employee complaints of potential violations of this policy or of federal or State law, or of County ordinance, policy, or departmental regulation;
4. Responding to external equity complaints filed by County employees with State and federal enforcement agencies; and
5. Investigating, at the request of a department head, potential violations of this policy or complaints of other types of employment discrimination, harassment or related misconduct prohibited by federal or State law, or County ordinance, policy, or departmental regulation.
C. The Executive Director County Equity Oversight Panel (EDCEOP) is established and responsible for the following:
1. The operations of the County Equity Oversight Panel (CEOP), including the panel of attorneys who review all policy investigations and the recommendations regarding disposition and discipline for violations of this policy.
2. Supervision of the CEOP staff who perform the review, analysis, and other related functions including audits of departments to ensure that appropriate corrective administrative actions are taken, if necessary.
3. County Intake Specialist Unit (CISU) staff who report to and work at the direction of the EDCEOP regarding the initial investigation and designation of all complaints, ensuring that initial investigations and designations are complete, timely, objective and appropriate.
4. Review and evaluate all County Equity Investigation Unit (CEIU) investigations of potential violations of this policy, including ensuring that investigations are complete, timely, objective and appropriate.
5. Development and maintenance of an operation manual that sets forth the necessary guidelines and procedures for the operation of the CEOP and maintaining the County's Policy of Equity and its procedures.
6. Serving as advisor on the County's Policy of Equity to all County department heads. (Ord. 2011-0029 § 2, 2011)