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(A) In order to implement Lake County's policy of equal employment opportunity, an affirmative action plan will be developed annually for implementation.
(B) Although it has been the long-standing policy of the County to provide equal opportunity to all qualified persons without regard to race, religion, sex, sexual orientation, physical challenge/disability, genetic information, veteran's status or anything else that has no bearing on job performance, Lake County is committed to the identification and elimination of those barriers which have denied equal employment opportunities to protected class members. In addition, the affirmative action plan will set specific goals and timetables that provide realistic, achievable opportunities for improving the employment opportunities for protected classes.
(C) In addition to eliminating barriers for employment, the EEO Policy and Affirmative Action Plan also apply to contractors, vendors and service suppliers seeking a public contract to do business with the County. Contractors and vendors will be required to demonstrate compliance with the County's policy and Affirmative Action Plan.
(D) Additional measures outlining the County's commitment to affirmative action may be further defined in federal and state grant applications. County employees who are responsible for handling the purchase of contracted services should become familiar with the specific goals and requirements of the County's Affirmative Action Plan.
(E) A copy of the County's plan is on file and available for review in the Lake County Auditor's Office.
(A) It is the policy of the County to provide an internal complaint and investigation procedure to encourage early resolution of an alleged civil rights violation based on employee complaints within the organization and to monitor policies, practices and actions. This policy is in addition to any existing grievance and complaint procedures.
(B) Any employee who feels that he/she has received unfair treatment in discipline, pay, promotion or assignment because of his/her race, color, sex, sexual orientation, religion, national origin, ancestry, age, political affiliation, disability, genetic information, or veteran's status may file a complaint.
(C) The County's Grievance Committee will receive and investigate all complaints of a discriminatory nature. Utilizing this procedure will not preclude any other internal grievance or complaint procedure; however, utilizing an external complaint procedure, such as filing with the State Civil Rights or the U.S. Equal Employment Opportunity Commission will preclude use of the internal procedure due to superseding authority.
(D) Departments and divisions of County government are encouraged to create internal anti-discrimination practices that improve communication and voluntary compliance with the County's civil rights policy. Corrective action may be directed by the Grievance Committee or the Board of Commissioners (or other elected official) when voluntary methods fail.
(E) Investigative Compliance - Due to the seriousness of a civil rights violation, employees, department heads, managers and elected officials shall cooperate with complaint investigations by meeting at a reasonable time and place and providing information requested by the Grievance Committee. Attempts to frustrate this process or take retribution on employees for utilizing this process will not be tolerated, and proven cases may result in disciplinary action against an appointed board member, department head or supervisor involved.
(F) Complaints must be filed within thirty (30) calendar days of the alleged discriminatory action.
(A) It is important that the County avoid the appearance of a conflict of interest in its ability to function and specifically in the activities of County employees. In order to avoid an actual conflict or the appearance of a conflict, a series of guidelines based on County ordinance and State law (IC 35-44-1-3) have been developed and adopted to guide County employees, elected officials and appointed board members:
(1) It is improper for an employee to sell or provide at additional cost any goods or services to any other County departments except as the result of an open bidding process in which such goods or services are subject to control of another party.
(2) It may be a conflict of interest within the scope of this policy to engage in outside consulting activities while an employee of a department doing business in any manner with the firm with which the employee consults. Therefore, any such consulting activities by paid County employees must be reported in writing and approved by the Board of Commissioner's Office. Failure to comply may result in disciplinary action including termination. Other elected officials shall also file a Conflict of Interest form with the appropriate governing authority.
(3) County employees shall not use their position to obtain gifts or favors from vendors. This policy shall exclude lunches or gifts of $100.00 or less in value, or group dinners and social activities sponsored by a vendor at a conference or convention. Should an employee be unsure as to whether a gift is in violation of the policy, the employee should seek clarification from the County Attorney's Office.
(4) It is illegal to accept a bribe (money, goods, an item of value, property, privilege or promise which is offered or given with a corrupt intent to influence an action, vote or opinion) in return for influencing the awarding of a contract purchase of goods or services, or to influence performance of County services.
(B) Disciplinary action will be taken for proven violations of this policy in accordance with the County's progressive discipline policy. Discipline will be based on the severity of the problem and previous incidents on record.
(A) The County has the right to prohibit activity it deems in conflict of interest with county employment. Activities of employees are to be monitored by the employees' department head or elected officials.
(1) Neither a county employee whose job description includes the provision of legal services nor any person, partnership or corporation of any type, acting as a contract agent to provide legal services for the county, its elected officials, its appointed officials, employees, departments, agencies or agents shall represent any person, partnership or corporation of any type in any manner in or out of court proceeding, claim, or action where the legal services provided for the client seek in part legal redress against the county, its elected officials, its appointed officials, employees, departments agencies or agents.
(2) Neither a county employee whose job description includes the provision of legal services nor any person, partnership or corporation of any type, acting as a contract agent to provide legal services for anyone charged with a crime in any state or county court in the County of Lake, shall represent any person, partnership or corporation of any type in any manner in or out of court in a proceeding, claim or action where the legal services provide for the client seek in part legal redress against the County of Lake, its elected officials, its appointed officials, employees, departments, agencies or agents.
(B) The prohibition against legal representation outlined in the paragraph above shall be placed in all county contracts for legal services. If the restriction on legal representation is violated, the contract with the county shall be null and void and any monies paid on the contract after the violation shall be deemed unearned and shall be paid to the county with eight percent (8%) interest.
(A) The County supports and adheres to the Americans with Disabilities Act of 1990 (ADA) which makes it unlawful to discriminate in employment against a qualified individual with a disability. The ADA also outlaws discrimination against individuals with disabilities in State and local government services, public accommodations, transportation and telecommunications. Any employee who wishes to discuss his or her needs as a disabled employee should contact the department head.
(B) ADA Protection
(1) An employee with disability and qualified to do a job is protected by the ADA from job discrimination on the basis of that disability. Under the ADA, a disability includes a physical or mental impairment that substantially limits a major life activity. To be protected under the ADA, an employee must have, or be regarded as having a substantial (as opposed to a minor) impairment. A substantial impairment is one that significantly limits or restricts a major life activity such as hearing, seeing, speaking, walking, breathing, and performing manual tasks, caring for oneself, learning or working.
(2) An employee must also be qualified to perform the essential functions or duties of a job with or without reasonable accommodation, in order to be protected from job discrimination by the ADA. This means two things. First, the employee must satisfy the employer's requirements for the job such as education, employment experience, skills or licenses. Second, he/she must be able to perform the essential functions of the job with or without reasonable accommodation. Essential functions are the fundamental job duties that an employee must be able to perform his/her own or with the help of a reasonable accommodation. An employer cannot refuse to hire an employee because his/her disability prevents them from performing duties that are not essential to the job.
(C) Reasonable Accommodation
(1) Any change or adjustment to a job or work environment that permits a qualified applicant or employee with a disability to participate in the job application process, to perform the essential functions of a job, or to enjoy benefits and application privileges of employment equal to those enjoyed by employees without disabilities. For example, reasonable accommodation may include:
Providing or modifying equipment or devices, job restructuring, part-time or modified work schedules, reassignment to a vacant position, adjusting or modifying examinations, training materials, or policies, providing readers and interpreters, and making the workplace readily accessible to and usable by people with disabilities.
(2) An employer is required to provide a reasonable accommodation to a qualified applicant or employee with a disability unless the employer can show that the accommodation would be an undue hardship - an accommodation that would require significant difficulty or expense.
(3) The results of all medical examinations must be kept confidential and maintained in separate medical files.
(D) Drug Abuse and the ADA - Anyone who is currently using drugs illegally is not protected by the ADA and may be denied employment or fired on the basis of such use. The ADA does not prevent employers from testing applicants or employees for current illegal drug use.
(E) For Further Information - Contact the County's ADA Compliance Committee, County Human Resources Consultant, County Commissioners Attorney's Office or an EEOC field office.
(A) The County strives to maintain a drug free workplace with a safe and productive atmosphere to work in and in which to conduct business. No controlled substance or alcohol is permitted at any worksite, in any County vehicle, or in the possession of any employee engaged in County business. An employee who is discovered to be in violation of this policy will immediately be referred to an employee assistance program, demoted, and/or transferred to a safer job (if applicable) and be subject to disciplinary action up to and including discharge.
(B) For the safety and welfare of all employees and the general public, should a supervisor believe that reasonable suspicion exists that an employee may be under the influence of drugs or alcohol, that supervisor is required to have the employee submit to testing performed by qualified medical personnel. Testing is also required of any employee who is involved in an accident while operating a County-owned vehicle. Failure or refusal to submit to a test may result in disciplinary action up to and including discharge. Additional information regarding an employee's responsibilities in the event of an accident can be found in “Safety & Health” in the Employee Responsibilities section of this handbook. The cost of testing an employee will be the County's responsibility.
(C) Employees who operate a County-owned vehicle (this does not apply to vehicles classified by the Bureau of Motor Vehicles as a passenger vehicle unless that vehicle has been involved in an accident) and certain jobs within the County that require high levels of security and safety, may be subject to random drug testing. All testing will be performed in compliance with Federal standards and County Ordinance. The results of any test will remain confidential.
(A) Lake County is committed to providing equal employment opportunities for all applicants and employees. Applicants and employees shall be treated fairly and equally. Employment decisions will comply with all applicable state and federal employment discrimination laws and made without regard to race, color, gender, sex, sexual orientation, religion, national origin, age, disability, genetic information, veteran's status, political affiliation, or citizenship. In addition, the County will not tolerate any discrimination by anyone including, but not limited to, co-workers, supervisors, department heads, elected or appointed officials, vendors and the general public. This policy applies to all employment decisions including, but not limited to, recruiting, hiring, compensation, training, promotion, termination and all other terms and conditions of employment. Any employee who believes that they have witnessed or been subjected to discrimination has a duty to immediately report the incident to the County Human Resources Consultant (219) 853-9782 in accordance with this policy.
(B) It is the official policy of the County to:
(1) Recruit, hire and promote for all job classifications without regard to race, color, sex, religion, national origin, ancestry, age, sexual orientation, political affiliation, veteran's status or disability.
(2) Base decisions on employment so as to further the principles of equal employment opportunity and in accord with the County's affirmative action plan.
(3) Insure that promotion decisions are in accord with the principles of equal employment opportunity by imposing only job related requirements for promotional opportunities.
(4) Acknowledge its intent to abide by this policy by including the words “Equal Employment Opportunity Employer” in all recruitment advertising, and on all County letterhead.
(5) Insure that all other personnel actions such as compensation, benefits, transfers, layoffs, return from layoff, education, County sponsored training, tuition assistance, social and recreational programs will be administered without regard to race, color, sex, veteran's status, sexual orientation, religion, national origin, ancestry, age, political affiliation or disability.
(6) Special meetings will be held at least annually with executive, management and supervisory personnel to explain the intent of the County's equal employment opportunity policy, and individual responsibility for effective implementation, and clarifying the County's position on equal employment opportunity. The date of these meetings will be recorded and specified in the County's EEO/Affirmative Action Plan.
(C) Any questions regarding equal employment opportunity, potential discriminatory practices or matters within the scope of County employment should be directed to the County Human Resources Consultant.
(A) The County is committed to a policy of equal employment opportunity for all applicants and employees. The County believes that it is important to maintain a safe and pleasant work environment. Sexual harassment adversely impacts the morale and productivity of an employer's most valuable asset, its employees. In addition, state and federal law protects employees, visitors, contractors, vendors and all those who enter the workplace from sexual harassment. The County believes that it shares a responsibility with its employees, board appointments and elected officials to stop and prevent sexual harassment. Sexual harassment will not be tolerated in the workplace.
(B) Definition of Sexual Harassment
(1) Sexual harassment is generally defined as conduct which shows disrespect, hostility or aversion to an employee, visitor or contractor through the use of sex-based comments or actions of a sexual nature. Sexual harassment may involve verbal, visual or physical conduct which results in an employee or employees (or others present in the workplace) being subjected to an environment that is uncomfortable and unnecessary.
(2) There are two forms of sexual harassment: hostile work environment and quid pro quo harassment.
(a) Hostile Work Environment - This form of sexual harassment involves sex-based conduct by a co-worker or a supervisor that creates a hostile or offensive work environment and which adversely interferes with an employee's ability to perform his/her work. Examples of a hostile work environment include (but are not limited to):
1. Asking questions or making statements about an employee's sexual conduct or preferences;
2. Exposing oneself or revealing private body parts;
3. Engaging in unwelcome physical contact such as pinching, kissing or inappropriately touching another employee;
4. Disseminating or displaying pornographic materials or sexually explicit photographs;
5. Making obscene, sexual gestures.
(b) Quid Pro Quo - This type of sexual harassment involves a supervisor who uses his/her authority to either threaten or require a subordinate employee to submit to sexual activity as a requirement for either: continued employment, favorable performance evaluations, or securing advancement in the County. Examples of quid pro quo harassment include (but are not limited to) the following examples:
1. A supervisor stating to a subordinate employee: "Things could be a lot easier for you here if you would go away with me for the weekend."
2. A supervisor withholding a favorable performance evaluation from a subordinate employee until the employee gives in to the supervisor's sexual advances.
(3) Although the County does not condone any inappropriate action or comment, it is important to review the manner and circumstances in which the actions in question occurred. In determining whether alleged conduct constitutes sexual harassment, the County will look at the record as a whole and at the totality of the circumstances.
(C) Elected Official/Department Head Responsibilities to Prevent Sexual Harassment
(1) Elected officials and County department heads are responsible for the acts of their agents and supervisory employees with respect to sexual harassment. Elected officials and department heads shall be held responsible for acts of sexual harassment in the workplace, where the employer or its agents or supervisory employees know or should have known of the conduct, and failed to take immediate and appropriate corrective action to eradicate the behavior. Elected officials and department heads may also be responsible for the acts of non-employees in the workplace, where the department management knows or should have known of the conduct and fails to take immediate and appropriate corrective action.
(2) Elected officials and County department heads shall take all steps necessary to prevent sexual harassment from occurring, such as informing employees of their right to raise the issue of harassment, developing methods to sensitize all concerned, and taking appropriate and quick action in response to a sexual harassment complaint.
(3) Where employment opportunities or benefits are granted because of an individual's submission to the sexual advances or request for sexual favors, elected officials and department heads may be held liable for unlawful sex discrimination against other persons who were qualified for but denied employment opportunity or benefit.
(4) Proven violations of this policy will result in disciplinary action up to and including termination based on the severity of the infraction and the past history. The level of discipline applied will be made on a case by case basis by the employee's department head or elected official.
(D) Reporting Procedure
(1) Any employee who reasonably believes that he/she has either witnessed or been subjected to sexual harassment shall immediately report the discriminatory conduct to their department head or to the elected official, Board of Commissioners or County Human Resources Consultant. If neither of these individuals is available, or the employee is uncomfortable in reporting the conduct to either individual, the employee may report the discriminatory conduct to the County Human Resources Consultant.
(2) Employees may, at their discretion, make complaints of sexual harassment to their department head or the County's Human Resource Consultant (who can be reached at (219) 853-9782). All complaints will be documented in writing. If the department head takes the complaint, it should immediately be forwarded to the County Commissioner's Attorney. The complaint shall remain confidential to the extent possible, subject to the need to conduct an investigation of the allegations.
(E) Investigation and Resolution of Complaint
(1) All reports of sexual harassment shall be investigated in a confidential and expedient manner. However, since it is crucial that an investigation be conducted, complete confidentiality cannot be guaranteed. The County will not tolerate any retaliation against an employee who makes a good faith report of sexual harassment. If the investigation reveals that the report has merit, corrective action, up to and including termination will be taken to remedy the situation.
(2) Internal investigations of sexual harassment shall be conducted by Human Resources with the full cooperation of department heads. Upon completion of the investigation, a final written report will be prepared by the department head or elected official within a reasonable time-frame (in most cases, within 30 days of the original complaint). In accordance with the State's Open Door Law and federal court ruling, the victim has the right to know what disciplinary action has been taken.
(F) False Claims of Sexual Harassment - As an employer, the County takes its responsibility to stop sexual harassment very seriously. An employee who falsely accuses another employee of sexual harassment can create unnecessary anguish, emotional distress and harm to an innocent employee as well as waste the County's time and resources. Consequently, the County reserves the right to discipline any employee who intentionally makes a false report of sexual harassment.
(A) Lake County encourages all of its employees to work in creating a workplace that is harmonious and conducive to providing services to the public and to fellow employees. Comments or actions that are deliberately hurtful, rude, unprofessional, or offend other employees have no business in the workplace.
(B) An employee should advise his/her supervisor or department head in regard to activity brought about by another employee that undermines workplace professionalism.
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