Policy Reguarding Illegal Discrimination or Harassment 11-2017

MEMORANDUMHuman Resources Department MANATEE COUNTY Phone: 941-748-4501 x38651112 Manatee Avenue West Fax: 941-749-3035Suite 863 FLORIDA www.mymanatee.orgBradenton, Florida 34205TO: All County EmployeesFROM: Ed Hunzeker, County AdministratorDATE: November 15, 2017SUBJECT: Policy Regarding Illegal Discrimination or HarassmentThe Manatee County Board of County Commissioners’ Equal Employment Opportunity Policy clearly prohibitsthe commission of illegal discrimination or harassment and requires the development of detailed policies andprocedures to address complaints of such behavior from employees. This memorandum contains the County’spolicies and procedures with respect to illegal discrimination or harassment and supersedes all prior policy.It is important that all administrative and supervisory personnel understand my clear expectation that they willknow and abide by the County’s commitment to equal opportunity and treatment and ensure that the County’spolicy concerning this issue is fully implemented and enforced.In recognition of the reasonable expectation of its employees and applicants to work in a workplace which isrespectful and professional, and which is free of illegal discrimination, Manatee County will not tolerate illegaldiscrimination against or harassment of any of its employees or applicants based on their gender, race, color,national origin, marital status, religion, disability, or age. Such conduct brings no benefit to Manatee CountyGovernment but instead only serves to weaken the organization, which in turn leads to lower employee morale,lost productivity and the resulting loss of service to the citizens of Manatee County. Therefore, no employee ofthe County, regardless of his or her position of authority, is entitled or empowered to demand sexual favors forpersonal benefit, or to threaten any employee with the loss of any employment benefit if sexual favors are notgiven. By the same consideration, no employee is authorized or empowered to discriminate against or harassany other employee on the basis of gender, race, color, religion, national origin, marital status, disability or age.Employees found to have engaged in conduct, which constitutes a violation of this policy, will receivesignificant discipline, including termination from employment. Finally, while not categorized as “employees,” Iexpect and require that any volunteers working with the county be treated with the same level of respect,professionalism and non-discriminatory treatment as is accorded our employees.Each employee is required to be familiar with the County’s policy relative to discriminatory behavior withinCounty workplaces, to understand the process to be followed in situations where an individual believes that heor she has been treated in a disparate fashion and to report suspected illegal discrimination or harassment whichmay be observed. For that reason, the policy and process are described below:PRISCILLA TRACE * CHARLES B. SMITH * STEPHEN JONSSON * ROBIN DiSABATINO * VANESSA BAUGH * CAROL WHITMORE * BETSY BENACDistrict 1 District 2 District 3 District 4 District 5 District 6 District 7

I. POLICY: ILLEGAL DISCRIMINATION WITHIN COUNTY WORKPLACES a. Manatee County is committed to providing workplaces that are non-discriminatory and afford equal treatment to all. The County will not condone or tolerate illegal discriminatory behavior. This specifically includes sexual harassment and any other type of harassment or discriminatory conduct based on race, color, national origin, religion, gender, marital status, age or disability. b. Employees shall not engage in conduct that violates this policy at any time during working hours or on County premises while off duty. c. All administrative and supervisory personnel are expected to abide by the County’s commitment to equal opportunity and treatment under the law and to ensure that this policy is fully implemented and enforced. d. Due to the severity of illegal discriminatory conduct, and the legal questions, which are often involved in investigating such conduct, the procedures in this policy shall be used in investigating and dealing with illegal discrimination complaints. The County’s general Complaint Procedure shall not be used to address such complaints.II. DEFINITIONS a. Illegal harassment or discriminatory conduct can be any verbal or physical conduct that belittles or otherwise shows hostility or aversion toward an individual or group based upon that individual’s or group’s race, color, religion, gender, national origin, marital status, age, or disability, and that for a reasonable person: 1. has the effect of creating an intimidating, hostile, or offensive work environment; or 2. has the effect of unreasonably interfering with an individual’s work performance; or 3. otherwise adversely affects an individual's terms and conditions of employment. Examples of illegal harassment include, but are not limited to, epithets, slurs, jokes, negative stereotyping, or other acts which are threatening, intimidating, or hostile in nature, that relate to race, color, religion, gender, national origin, marital status, age or disability, or any display of written or graphic material such as photographs or cartoons that belittles or shows hostility or aversion toward an individual or group because of the same. b. Sexual harassment is generally defined as abusive treatment of an employee by the employer or by a person or persons under the employer’s control, which would not occur but for the person’s gender, when: 1. submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; or 2. submission to such conduct by an individual is used as the basis for employment decisions affecting the individual; orAll County EmployeesPg 2

3. such conduct has the effect of unreasonably interfering with an individual’s work performance or creating an intimidating or offensive work environment. Examples of conduct which may constitute sexual harassment may include, but are not limited to, the following: 1. unwelcome sexual advances, flirtations, or propositions 2. actual or implied demands for sexual favors in exchange for favorable treatment or continued employment 3. unwelcome jokes or remarks of a sexually oriented nature 4. verbal abuse of a sexual nature 5. unwelcome commentary about an individual’s body, sexual prowess, attractiveness, or sexual deficiency 6. any display in the workplace of sexually suggestive objects, pictures, posters, or reading material 7. a coerced sexual act or assault 8. uninvited physical contact of a sexual nature such as pinching, grabbing, patting, or brushing against another person 9. uninvited leering, whistling, or gestures of a sexual natureIII. PROCEDURE a. Any employee or applicant who believes that he or she is being or has been illegally discriminated against or harassed must file a written complaint with the Human Resources Department in a timely manner. b. Departmental directors, managers and supervisors are responsible for bringing any allegations or concerns related to potential cases of illegal discrimination or harassment to the immediate attention of the Human Resources Department. c. The Human Resources Department will be responsible for evaluating all complaints under this policy and making the determination on whether or not an internal investigation is warranted. In cases where such an investigation is determined to be warranted, the County Administrator will designate an appropriate person or persons who shall be responsible for conducting a prompt, thorough and objective investigation.All County EmployeesPg 3

The following is a list of the appropriate individuals within the Human Resources Departmentwho are authorized to receive a complaint related to illegal discrimination or harassment:Rodney Barnes ext. 3813Julie Bassett ext. 3864d. All employees who are questioned during the course of an investigation are obligated to cooperate in a full and honest manner. No employee shall face any form of reprisal for making a complaint or for his or her cooperation with an internal investigation. Employees who either refuse to cooperate in an internal investigation, or who intentionally give false information at any point within an investigation, shall be subject to disciplinary action.e. Once an internal investigation has been concluded, the Human Resources Department will review the investigator’s written report with the County Administrator and appropriate senior staff, to include the department director(s) at-interest and a representative of the County Attorney’s Office. This panel will determine the remedial action to be taken, if required. A final written report containing final findings and the actions taken will be generated at the conclusion of the investigation and review, with a copy provided to the complainant. Individuals against whom allegations were raised will likewise be entitled to receive a copy of the final report upon request.f. Once an investigation has been concluded, it shall be the responsibility of the department director at-interest to implement the remedial actions, which were determined by the review panel to be appropriate. The Human Resources Department shall be responsible for monitoring the workplace situation, and should be contacted by the complainant or other affected parties if they at any point feel that either retaliation is taking place or the illegal behavior is continuing.g. This internal complaint and investigation process does not preclude an aggrieved employee from filing a complaint with the United States Equal Employment Opportunity Commission and/or the Florida Commission on Human Relations.Anyone having questions on either the County policy regarding illegal discrimination or harassment,or the procedure for seeking internal resolution of concerns related to such behavior should contactGarnet McDonald (ext. 3866) or one of those listed above in the Human Resources Department.All County EmployeesPg 4