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(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.
(A) The County is committed to making its business a good place for all employees to work. This goal is achieved by developing and maintaining a cooperative working relationship among employees based on mutual respect and understanding. Employee opinions, thoughts, and feelings are important, and the County recognizes the need for procedures that will allow employees to bring questions, suggestions and concerns to its attention. At the same time, it is important to recognize and follow the chain of command since many problems or concerns can be best addressed by those closest to the problem.
(B) Employees should feel comfortable in discussing any questions, comments or matters of concern with his/her supervisor or department head, taking into account the following suggested steps:
(1) Employees should organize their thoughts on the issue;
(2) Adhere to the chain of command by first contacting one's immediate supervisor;
(3) If the issue cannot be resolved with the supervisor, the employee should schedule a meeting with the next person in the chain of command. If all other levels of the chain of command have been exhausted, the employee may wish to discuss the matter with the elected official over that individual's department.
(C) In order to assist employees in following these guidelines, each department and division should establish and inform its employees of the chain of command (for that department/division).
(D) While the County may not be able to fully address every issue, every effort will be made to assist employees and take their opinions into consideration.
(A) The County will indemnify and defend its employees, officers and agents at no cost to those individuals against legal action or a judgment taken against them, while carrying out their official or individual duties providing that the actions taken were within the scope of, and arising out of the performance of that individual's official duties and responsibilities.
(B) Determination of whether the actions taken were within the scope of, and arising out of the performance of official duties and responsibilities shall be determined by an investigation conducted by the Board of Commissioners' Attorney.
(C) Limitations - Indemnification shall include any judgment in a court of law that arises out of a civil action made against an employee, officer or agent. Indemnification shall not extend to:
(1) Acts of malice, intentional, willful, wanton, or criminal acts; acts calculated or intended to accrue personal benefit which are beyond the scope of the duties or authority of the employee, officer or agent unless exonerated by a court.
(2) In the absence of a judicial determination, a determination may be made by the Commissioners' Attorney in writing may determine whether the act is indemnified. That finding shall be final unless rejected or modified by the Board of Commissioners. A finding shall be final unless rejected or modified by the Board of Commissioners. A copy of the determination shall be provided to the employee, officer or agent within 10 (ten) business days of the determination.
SECTION 2- HIRING PROCESS AND EMPLOYMENT STANDARDS
(A) Lake County maintains a recruitment and hiring process designed to allow all persons qualified and interested, an opportunity to apply. Applications for most County positions can be obtained from the individual division of government or department. Due to special requirements of the hiring process, applications for the Lake County Police Department, Auditor, Treasurer, Coroner, Recorder, Assessor, Surveyor, Clerk and Sheriff can be obtained from those offices. In accordance with Indiana state statute, applicants must also complete a Verification of Applicant for Employment for Compliance with Lake County's Nepotism Policy form.
(B) Internal Recruitment Procedure
(1) The County values its employees and encourages promotion and advancement from within and provides its employees an opportunity to apply for a vacancy before that opportunity is extended to the general public.
(2) Open positions will be posted for a period of five (5) working days internally unless otherwise noted by collective bargaining agreement, and a reasonable attempt will be made to post the vacancy in all departments in the County, easily accessible to department employees as well as in a common and designated area in each County-owned facility. As a general rule, internal bidders will file a job bid with the department with the open position and should be considered and/or rejected before outside applications may be considered. Temporary or seasonal employees may bid on any posted position, providing if that employee was actively employed during at least one day of the posting period. Employees who are completing a probationary period are not eligible to bid on a posted vacancy. Generally, after posting the form internally, and if the position has not been filled, the vacancy will then be posted for three (3) days minimum for external candidates.
(3) The decision to award the open position to an internal candidate is up to the department head and/or elected official that oversees that division of county government. Consequently, an internal candidate is not entitled to selection, and the elected official or department head may choose to seek outside candidates instead.
(C) Exceptions to the Posting Procedure
(1) Supervisory positions (those positions where an employee oversees other employees, processes or can authorize expenditures) may be filled by using either internal or external recruitment procedures.
(2) Positions that are being filled due to transfer or voluntary demotion may be waived at the discretion of the elected official who oversees that division of county government.
(3) Due to the short term nature of temporary or seasonal positions, the need to post these vacancies may be waived at the discretion of a department and after discussion between the department head and the elected official who governs that operation.
(4) Periodically, a position may be filled only to have the new employee leave the position, either voluntarily or involuntarily, within the first few weeks of employment. In the event that a vacancy occurs within thirty (30) days of filling a position, the vacancy does not need to be reposted unless the department head believes that it is in the best interest of the County to do so.
(D) Recruitment Procedure - External
(1) When the internal recruiting procedure has failed to attract qualified personnel for a valid job vacancy, candidates from outside current County employment will be sought from any or all of the following sources:
(a) Minority recruitment resources as specified in the County's affirmative action plan
(b) Walk in applicants
(c) Bulletin boards
(d) Newspaper advertising
(e) Professional journals
(f) Temporary employment agency
(g) State employment service
(h) Job bank applicants
(2) Positions will be held open for three (3) working days following public notice. All employment notices and/or ads shall prominently display the words “An Equal Opportunity Employer.”
(E) Hiring
(1) It is the responsibility of the department to contact individuals for interviews and testing, using appropriate unbiased questions and validated skills testing where relevant. In all positions requiring licenses or degrees, all offers will be contingent upon receipt of copies of licenses or transcripts of college work.
(2) Applicants will not be barred from consideration due to a misdemeanor criminal conviction unless the position has access to sensitive information or has responsibilities that may create conflict with that applicant's record. Applicants may be required to apply for a limited criminal background check depending on the position, and are responsible for the cost of that background check.
(3) Final selection of the applicant will be made by the elected official who oversees that department.
(F) Employment Processing and Paperwork
(1) Once a conditional offer of employment is made, whether it is for part-time, full-time, seasonal or temporary employment, the applicant, depending on departmental policy may be required to undergo a drug test. Further employment processing will depend on the test results. The cost of the testing shall be the responsibility of the applicant. If the applicant is hired for employment, all future drug/alcohol testing that occurs due to employment will be paid for by the County. A list of providers who may offer a discounted drug test will be provided by “Working Well” at St. Anthony Medical Center in Crown Point.
(2) Upon acceptance of the offer of employment (and results of a drug test if applicable), a new employee will be provided basic employment information such as days of work and first payday.
(3) The employment processing will also include the new hire's completion of various forms and paperwork required by the County, State or Federal Government:
(a) Submission of degrees, licenses, certifications or other proof of position requirements;
(b) Completion of an I-9 immigration form, W-4 form, any relevant deduction authorizations, personnel information file and employee identification card;
(c) Referral and completion of a physical examination if required;
(4) The employee will also receive relevant information on insurance/benefits, along with information regarding union status of the position being filled (If it is a union position).
(5) Every new employee is asked to sign a copy of the disclaimer found in the Introduction of this handbook that outlines and defines the “at-will” relationship between that employee and the County.
From time to time, an employee may leave the County's employment only to return at a later date. Employees who return to work for the County and subsequently complete twelve (12) months of consecutive employment will then be credited for any previous full time employment service. Credited time will be applied towards vacation and other benefits. This policy does not apply to employment situations that pre-date the issuance of this handbook.
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