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The Fiscal Court seeks to provide equal employment opportunity to all its employees and applicants for employment and to prohibit discrimination based on race, color, religion, sex, national origin, age, disability or because the individual is a smoker or nonsmoker. The county promotes equal opportunity in matters of hiring, training, promotion, pay, employee benefits and other conditions of employment.
(2001 Code, § 31.004) (Ord. passed 1-14-2000)
(A) The county complies with the Americans with Disabilities Act of 1990, which prohibits discrimination on the basis of disability and protects qualified applicants and employees with disabilities from discrimination in hiring, promotion, discharge, pay, job training, fringe benefits and other aspects of employment.
(B) The county will provide reasonable accommodation to qualified individuals with a disability who, with or without an accommodation, can perform the essential functions of the job, unless the accommodation will impose an undue hardship for the county.
(1) Any person (employee or citizen) who believes that he or she has been subjected to prohibited discrimination may personally, or by legal counsel, file a complaint with the office of the Judge/Executive or the constitutional officer who serves as the agency’s executive authority. A person who has not personally been subjected to discrimination may also file a complaint.
(2) When a person (citizen, applicant or employee) believes he or she has been adversely affected by an act or decision by the county, and that the act or decision was based on disabled status, that person shall have the right to process a complaint or grievance in accordance with the following procedure.
(a) Step one. An aggrieved person shall submit a written statement to the county’s ADA Coordinator, setting forth the nature of the discrimination alleged and facts upon which the allegation is based.
(b) Step two. The ADA Coordinator shall contact the complainant no later than 15 days after receiving the written statement to establish an informal meeting with the objective of resolving the matter informally. However, in no case shall the informal meeting be conducted sooner than five days, nor more than 45 days, after receiving the written statement. There shall be prepared a written documentary of the discussions at the informal meeting, which shall be preserved in the records of the county.
(c) Step three. Within 30 days of the informal meeting, the ADA Coordinator shall issue a written decision on the matter.
(d) Step four. If the complainant is not satisfied with the written decision, he or she may request reconsideration by the Judge/Executive or the agency’s executive authority by filing a written request within 30 days of receiving the ADA Coordinator’s decision. The Judge/Executive or the constitutional officer shall investigate, which may include holding a meeting with the complainant, and shall make a final, written decision.
(3) Written documentation of the discussions held at the meeting(s) shall be prepared and shall be preserved in the records of the county.
(2001 Code, § 31.005) (Ord. passed 1-14-2000)
(A) It shall be the policy of the Fiscal Court that its workplace shall be drug-free in compliance with the Drug-Free Workplace Act of 1988 (Pub. L. No. 100-690, Title V, Subtitle D), including any future amendments. This publication provides details of this policy, a statement on dangers of drugs in the workplace, sources of information and assistance and is the basis of a form each employee is required to sign assuring compliance.
(B) It is the policy of the county that no employee shall engage in unlawful manufacture, distribution, dispensing, possession or use of a controlled substance in the workplace. CONTROLLED SUBSTANCE means a controlled substance in schedules I through V of the Controlled Substances Act (21 U.S.C. § 812), and as further defined by regulation at 21 C.F.R. §§ 1308.11 through 1308.15, including any future additions or amendments.
(C) The purpose of this policy is to avoid the dangers of drugs in the workplace, and to advise employees of available sources of counseling, rehabilitation and employee assistance.
(D) Each employee is notified hereby that he or she shall notify the Judge/Executive within five days of any criminal drug statute conviction for a violation in the workplace. Within 30 days, the county shall take appropriate action.
(E) Employees found to be abusing drugs, but not convicted of any drug statute violation, shall be subject to appropriate personnel action up to and including termination, or shall be required to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes. The employer shall not be required to pay for this rehabilitation.
(F) Any employee violating the terms of this policy is subject to immediate dismissal.
(2001 Code, § 31.006) (Ord. passed 1-14-2000)
(A) From time to time, differences may arise between employees and employers. Every attempt shall be made by both to resolve these differences on an informal basis.
(B) Pending failure of resolution on an informal basis, any grievance or dispute which may arise from employment with the county shall be resolved in the following manner.
(1) Step one.
(a) The aggrieved employee shall present the grievance to his or her immediate supervisor within three working days of its occurrence or within three working days of knowledge of its occurrence.
(b) The grievance (and all subsequent appeals) shall be in writing and shall set forth the reasons and grounds for the grievance along with a statement of the relief sought. The supervisor shall attempt to resolve the matter and shall respond to the employee in writing within three working days.
(c) If the grievance is with the immediate supervisor, the aggrieving employee shall begin the grievance procedure at step two.
(2) Step two.
(a) If the grievance remains unresolved, it may then be presented by the aggrieved employee to the executive authority within three working days after receiving the supervisor’s written response.
(b) The executive authority shall consider all information concerning the grievance and shall make a decision regarding the matter and respond to the employee within ten working days. The decision of the executive authority shall be final.
(2001 Code, § 31.007) (Ord. passed 1-14-2000)
(A) Employees are hereby notified that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance (as defined in schedules I through V of the Controlled Substance Act (21 U.S.C. § 812), and as further defined by regulation at 21 C.F.R. §§ 1308.11 through 1308.15, including any future additions or amendments) is prohibited in the workplace. As a condition of employment, employees will:
(1) Abide by the terms of the county’s drug-free workplace policies; and
(2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after the conviction.
(B) Penalties for drug abuse violations occurring in the workplace will include:
(1) Requiring the employee to participate satisfactorily in an appropriate drug abuse assistance or rehabilitation program; or
(2) Taking appropriate personnel action, up to and including termination. If a supervisor has reasonable cause to suspect an employee of illegal drug use on the job or reporting to work under the influence of the same, he or she is to pursue appropriate action consistent with the drug and/or alcohol testing, substance abuse policy contained herein. An employee reporting to work on medication prescribed by a personal physician, which impairs job performance, is to immediately notify his or her supervisor. The employee must submit a doctor’s note indicating how the medication would affect his or her job performance and/or health and safety of others, so appropriate steps may be taken by supervisors to alleviate any hazards.
(C) The drug-free awareness program is intended to inform employees about:
(1) The dangers of drug abuse in the workplace;
(2) The employer’s intent of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation and employee assistance programs; and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace.
(2001 Code, § 31.008) (Ord. passed 1-14-2000)
HARASSMENT POLICY
(A) The Fiscal Court is committed to maintaining a work environment that is free of discrimination and harassment.
(B) In keeping with this commitment, the county will not tolerate harassing conduct that affects tangible job benefits, that interferes with an individual’s work performance or that creates an intimidating, hostile or offensive working environment by anyone, including any superior, co-worker, vendor, client or citizen.
(2001 Code, § 31.020) (Ord. passed 1-14-2000)
(A) HARASSMENT is, on the basis of race, color, religion, gender, national origin, age or disability, discrimination in the terms, conditions and privileges of employment. Harassment is verbal, physical or visual conduct that denigrates or shows hostility or aversion toward an individual because of his or her race, color, religion, gender, national origin, age or disability, or that of his or her friends, or associates, and that:
(1) Has the purpose or effect of creating an intimidating, hostile or offensive work environment;
(2) Has the purpose or effect of unreasonably interfering with an individual’s work performance; and
(3) Otherwise adversely affects an individual’s employment opportunities.
(B) HARASSING CONDUCT includes, but is not limited to the following:
(1) Epithets, slurs, negative stereotyping or threatening, intimidating or hostile acts, that relate to race, color, religion, gender, national origin, age or disability; or
(2) Written or graphic material that denigrates or shows hostility or aversion toward an individual or group because of race, color, religion, gender, national origin, age or disability that is placed on walls, bulletin boards or elsewhere on the employer’s premises, or circulated in the workplace.
(2001 Code, § 31.021) (Ord. passed 1-14-2000)
(A) Sexual harassment deserves special mention.
(B) Inappropriate sexual advances, requests for sexual favors and other physical, verbal or visual conduct based on sex constitutes sexual harassment when:
(1) Submission to the conduct is either explicitly or implicitly made a term or condition of an individual’s employment;
(2) Submission to or rejection of the conduct by an individual is used as a basis for employment decisions affecting the individual; or
(3) The conduct has the purpose or effect of reasonably interfering with an individual’s work performance, or creating an intimidating, hostile or offensive working environment.
(C) SEXUAL HARASSMENT may include explicit sexual propositions, sexual innuendo, suggestive comments, sexually-oriented “kidding” or “teasing,” “practical jokes,” jokes about gender-specific traits, foul or obscene language or gestures, displays of foul or obscene language or gestures, displays of foul or obscene printed or visual material and physical contact such as patting, pinching or brushing against another’s body.
(2001 Code, § 31.022) (Ord. passed 1-14-2000)
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