(a) Policy. It is the policy of the County that there be no discrimination, with respect to hire, tenure, terms and conditions or privileges of employment or any other matter directly or indirectly related to employment, against any employee or applicant on the basis of race, color, sex, age, religion, national origin, ancestry, veteran status, disability, sexual orientation, gender identity or any other characteristic to the extent protected by law. Discrimination and harassment are violations of County of Summit policy. The County considers discrimination and harassment to be serious offenses. If it is determined that discrimination or harassment has occurred, disciplinary action, up to and including termination, shall be taken.
(Ord. 2004-596. Adopted 2-14-05; Ord. 2009-475. Adopted 11-30-09.)
(b) Harassment. Harassment may occur based upon any characteristic set forth in Section 169.21(a). Harassment may include: racial, ethnic or national origin slurs; or, demeaning or derogatory comments concerning a person's disability. Sexual harassment includes unwelcome
sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when:
(1) Submission to the conduct is made either an explicit or implicit condition of employment; or
(2) Submission to or rejection of the conduct is used as the basis for an employment decision affecting the harassed employee; or
(3) The harassment substantially interferes with an employee's work performance or creates a pervasive, intimidating, abusive, hostile or offensive work environment.
(c) Complaint Procedure.
Step One: An employee who believes that they have been subject to discrimination or harassment shall contact their immediate supervisor within ten (10) days of the incident. If the employee does not feel comfortable bringing the complaint to the immediate supervisor, they may contact the Equal Opportunity Compliance Administrator to process their complaint. In the absence of the Equal Opportunity Compliance Administrator, the complaint should be filed with the Director of the Department of Human Resources, who will follow the same reporting guidelines as the Equal Opportunity Compliance Administrator. Confidentiality shall be maintained to the extent possible.
Step Two: The immediate supervisor shall:
(1) Contact the Equal Opportunity Compliance Administrator;
(2) Forward and all relevant materials to the Equal Opportunity Compliance Administrator; and
(3) Furnish a written statement regarding the complaint.
Step Three: The complaint should be made in writing on the County's approved form and returned to the Equal Opportunity Compliance Administrator.
Step Four: Within twenty (20) working days of the receipt of the complaint, the Equal Opportunity Compliance Administrator shall begin an investigation of the complaint. The Equal Opportunity Compliance Administrator shall meet with the employee alleging the complaint. The Equal Opportunity Compliance Administrator may contact any other individuals who may have knowledge of the allegations. Such individuals may be required to furnish a written statement or affidavit.
Step Five: Upon completion of the investigation, the Equal Opportunity Compliance Administrator shall issue a written response to the employee who alleged the complaint.
Step Six: If the allegation is substantiated, any employee responsible for any discrimination and/or harassment shall be disciplined, up to and including, termination.
(d) Retaliation. No employee shall be retaliated against for making a good faith report of alleged discrimination or harassment or for participating in any investigation, proceeding or hearing conducted under the provisions of this section or any state agency. If an employee believes they are being retaliated against, they should follow the complaint procedure set forth herein. Any
employee found to have retaliated against another employee shall be disciplined, up to and
including, termination.
(Ord. 2004-596. Adopted 2-14-05; Ord. 2011-380. Adopted 11-7-11; Ord. 2022-183. Adopted 6-27-22.)