New Employee Orientation

To Be Completed by the Department Director ____________________________ has presented his/her grievance to me. I have investigated the matter and informed the employee of my decision. ____________________________ is not satisfied with my decision and requests to grieve this matter before the Civil Service Board. Date __________________________________________ Department Director’s Signature PERS AD BF 1208B-GIF 11/02 (REV 25NOV2008) Page 51

DRUG POLICY & EMPLOYEE ASSISTANCE PROGRAM SECTION III A. Drug-Free Workplace B. Employee Assistance Program (EAP) C. Substance Abuse Policy Highlights Page 52

DRUG-FREE WORKPLACE Alcohol and substance abuse can cause serious injuries or deaths in the workplace. In understanding the impact of abuse or misuse of alcohol and/or drugs, the Clayton County Board of Commissioners have committed to providing our employees with a safe workplace while promoting high standards of employee health. Since it will take everyone on the team to make our working environment a place for us all to be proud of, it is best that we discuss the dangers associated with alcohol and substance abuse in the workplace. Our drug-free workplace rules are taken seriously and everyone needs to know about them. The rules are simple: ➀ Don’t think it. ➁ Don’t do it. ➂ Stay drug and alcohol free. There are serious consequences, if the last rule is violated. County Resolution 91-103 outlines the impacts of this serious infraction. This policy prohibits making, distributing, selling, and possessing illegal alcohol/drugs during work time or on work premises. Reporting to work or working under the influence is also prohibited. Off-duty use that tends to undermine the reputation, authority, or efficiency of the County is prohibited. OUTCOMES OF ABUSE IN THE WORKPLACE Substance abuse can negatively impact the quality of the workplace. In environments where this behavior is allowed to run rampant, productivity levels will decrease due to increased absenteeism; the safety and efficiency of the workplace is compromised due to decreased mental and physical abilities to perform; lack of coordination and concentration increase safety concerns; reduced morale among team members due their having to take on added responsibility of covering for the substance abuser. Overall, the County could suffer a loss due to theft, higher medical bills, higher workers’ compensation costs, and higher loss in productivity leading to loss of business and reputation. The public has the right to expect that those who have the responsibility of providing services to taxpayers of the County are at all times both physically and mentally prepared to perform their assigned job duties. TYPES OF DRUGS AND THEIR EFFECTS Drugs and/or alcohol are damaging to your health, and are sometimes deadly. Drugs essentially are poisons to the body. The type of drug and the amount taken determine the effects of its use. Taking a large amount of any given substance can lead to overdose and death. On the next page you will find a list of some of the most common drugs and their damaging effects. Page 53

ILLEGAL (commonly known associated paraphernalia include small bags, pipes, needles, aluminum foil, gum wrappers, spoons, drug residue) Drug Effect Marijuana Slows physical reflexes, cuts mental powers, makes you forgetful, throws off distance and Nick names include: space judgment. It causes mood swings and make some people sleepy. It has a distinct pot, grass, weed odor and may cause blood shot watery eyes. Some have trouble breathing due to lung damage, chronic cough may exist. Cocaine Makes you feel like superhuman, causes emotional problems, mood swings, makes you Nick names include: undependable, impairs judgment and decision-making abilities; also causes damage to crack, snow, rock respiratory and immune systems, malnutrition, seizures, and loss of brain function. Causes freebase, nose dehydration, numbness, insomnia, secretive behaviors, wide mood swings, high blood candy, powder, pressure, nose sores and other nasal problems. People who tend to overuse have the sniffs coke, and unusual agitation. Heroin Makes you not interested in workplace safety, steal, spread diseases due to dirty needles; Nick names include: also damaging to relationships and overdose can cause death. Commonly known signs and Junk, H, Horse, Tar, symptoms include change of skin color, nails, teeth, and hair. Poor grooming which Smack includes yellowing/browning of teeth, unkept hair and clothing. Needle marks are present. Hallucinogens A person would see and hear things that aren’t really there. Things are distorted causing Examples include: flights of disconnected ideas and causes bizarre changes in behavior. Some symptoms PCP, MDMA, included would be sweating, jerky eye movements, malnutrition, dizziness, impaired Crank, LSD, Peyote coordination, collapses, dehydration, and memory loss. LEGAL (commonly known associated paraphernalia include small bags, excessive bottles, multiple number of pills, drug residue) Drug Effect Alcohol Experience loss of concentration and judgment, harmful to team efforts, loss of work time, Includes: wine, any increased lateness, cause stress on others, and the inability to deal with reality. Other signs distilled spirits, and symptoms include blood shot eyes, slurred speech, smell of liquor, loss of balance and beer, malt liquor, coordination, morning sweats, mood swings, stomach disorders, damage to the liver fortified wine, ethyl (cirrhosis), heart and other organs, weight gain, heart problems, brain damage, alcohol, hydrated unconsciousness and even death. oxide of ethyl Amphetamines Causes a person to be hyper (speed and rush wildly) pushing a person beyond physical Examples include: abilities. Signs and symptoms include dry mouth, increased sweating, difficulty sleeping, Dexedrine, enlargement of pupils, hallucinations, talkativeness, reduced appetite, irritable, hostile, Adderall, aggressive behaviors, dizziness, collapses, stomach cramps, blurred vision, paleness, loss Methedrine, of coordination, and the trembles. Fenfluramine, Dexfenfluramine Slows mental processes and reflexes and alertness/precision. Some signs and symptoms include slurred speech, chronic fatigue, psychotic episodes, anxiety, limited motor Sedatives coordination, changes in eye sight, impaired memory, and breathing disorders. Examples include: Barbiturates, Xanax, Valium, Prozac, Page 54

Observable physical signs and symptoms of drugs abuse/misuse are not apparent until the abuse has reached a compulsive level with the likelihood of additional paraphernalia. The broad symptoms listed on the previous page may point to other challenges such as stress, overwork, fatigue, or emotional problems. However, a pattern of behavior is cause for concern. If a pattern of behavior is observed DO NOT accuse a co-worker of being on any type of drugs. At Clayton County, a drug/alcohol test will either confirm or deny the use, so DO NOT rely solely on observations. GET YOUR SUPERVISOR involved immediately. ADDITIONAL POLICY HIGHLIGHTS Prescription Drug Use While Working The use or possession of prescription drugs while on the work premises or while working is not permitted unless: ❖ The prescribing physician has been notified of the duties involved with the employee’s position, and has approved the use of the drug while the employee is performing those duties. ❖ The immediate supervisor has been notified in writing by the employee, that he/she is using a prescription drug, and that his/her doctor has approved the use while at work. Reasons for Testing ❖ Employment ❖ Accident/Injury ❖ Random Testing for Certain Positions (FMCSR) ❖ Reasonable Suspicion (the quantity of proof of evidence that is more than a hunch, but less than probable cause - observable objective facts that infer abuse or misuse) Each specimen is minimally tested for marijuana and cocaine. However, specimens may be tested for opiates, amphetamines, phencyclidine and alcohol. In addition, given certain reasons for testing, specimen can be tested for any substance. Test Results and Consequences Employees subjected to testing other than random may be suspended without pay for up to three days pending the results of the test If an employee test negative: Page 55

❖ The employee shall return to work with complete restoration of lost salary, and subjected to receive a written counseling by the Department Director, Manager or Supervisor concerning the unusual behavior. If an employee test positive, he/she is subject to further action by the Department Director: ❖ Termination of employment with recommendation to EAP; or ❖ Continued suspension without pay and; ❖ Referred to EAP for education and/or treatment referral due to the violation of the policy and; ❖ Placed on probation for one year following date of follow-up testing with successful completion of treatment ❖ Subject to testing without prior notice at irregular intervals throughout the probationary period Other General Provisions of the Policy ❖ Failure to appear at the designated collection site will be subjected to the same sanctions as a positive result. ❖ Individuals receiving a positive result will be given the opportunity to discuss test results. ❖ A supervisor may refer an employee to EAP rather than suspend or terminate for a violation of the policy. All referrals to EAP will be coordinated through the Human Resources Department. RIGHTS & RESPONSIBILITIES UNDER THE POLICY Employer Employee ❖ Must tell you about drug policy and give ❖ Must follow the drug-free workplace you written policy statement. rules. ❖ Must tell you what help is available to you. ❖ If not terminated, you may accept an offer to participate in a program to help you ❖ Will take fast and firm action when drug with the agreement to satisfactorily policy is violated. complete all steps or you may lose your job. ❖ If you are not terminated, you will be referred to EAP. Dealing with an Intoxicated Co-Worker ❖ Notify your supervisor of the behaviors and symptoms you have witnessed. Page 56

❖ Do not accuse your co-worker of intoxication ► Ask if they need any assistance or need to speak with a supervisor ❖ Do not let your co-worker drive home. Once you have notified the supervisor and have received approval: ► You may offer to drive the employee yourself; ► You may offer to call a relative or friend; ► If employee is persistent in not accepting any of these offers, advise that you have no other choice except to call the authorities if he/she attempts to drive. ► Do not physically restrain the employee because it may result in assault and false imprisonment by the employee. EMPLOYEE ASSISTANCE PROGRAM (EAP) Employee Assistance Program Sooner or later, everyone faces various life challenges such as the loss of a family member, divorce, financial crisis, health issue, and other challenges. During times of complex challenges, extra help may be needed to cope with the various changes that are taking place. Some individuals are unable to effectively cope during times of change, and use destructive behaviors as mechanisms to manage the change. Clayton County believes there’s a better way, and offers our employees an Employee Assistance Program that is an alternative tool to destructive behavior. The Employee Assistance Program itself is offered free of charge to employees, and can be utilized by full-time and part-time employees 90 days after hire date. Let’s review our EAP program… Who is Clayton County’s EAP Service Provider? The Hartford’s Ability Assist Counseling Services, offered by ComPsych is our EAP service provider. Page 57

What Types of Services Does ComPsych Offers? ComPsych offers various resources to help manage life issues such as: Emotional or Work-life Counseling: Stress, Anxiety, Depression, Substance Abuse, Relationship Conflicts, Child/Elder Care Financial Information and Resources: Managing a Budget, Getting out of Debt, Saving for College, Retirement, Tax Questions Legal Support and Resources: Debt and Bankruptcy, Buying a Home, Divorce, Guardianship, Power of Attorney How Can I Utilize the Services of the EAP Program? Human Resources encourages our employees to take advantage of the Employee Assistance Program. You can contact ComPsych at 1-800-96-HELPS (1-800-964-3577). You can also go online to create a personal profile by visiting www.guidanceresources.com, and follow the directions below: 1. In the Company/Organization field, use: HLF902 2. Create your own confidential user name and password 3. Finally, in the Company Name Field at the bottom of the personalization page, use: abili Is EAP Confidential? ComPsych does not notify Clayton County when you contact them. Confidentiality is a very important element in the Employee Assistant Program, and is governed by Federal and State laws, as well as professional ethics that protect a client’s right to privacy. The Employee Assistance Program is a valuable benefit that’s provided to you by Clayton County. You and your family members are able to take advantage of the services. When life happens, it great to know that help is a phone call away! Page 58

DIVERSITY MANAGEMENT SECTION IV A. Defining Diversity B. Diversity Concepts and Issues Page 59

CULTURAL DIVERSITY AWARENESS OVERVIEW OF DIVERSITY Diversity in the workplace has social and legal implications. Like our nation, the workplace consists of many diverse individuals. Diversity includes factors that are easily seen, as well as those that are not so easily recognizable. In this orientation, Clayton County focuses more on the legal implications that are associated with workplace diversity. Failure to properly manage your behavior in the workplace as it relates to issues of diversity can lead to legal, professional, personal, and financial risk. CLAYTON COUNTY’S VISION OF MAKING DIVERSITY WORK Although there are many laws that govern discrimination and harassment in the workplace, Clayton County believes that it takes more than laws and policies to create an environment that is free from the behaviors of discrimination and harassment. Clayton County believes that it is the responsibility of all of its employees to work together to create a workplace climate in which everyone thrives and is embraced as a member of the team. Clayton County Government is excited that you have joined our family; however, the message is clear…discriminating and harassing behaviors are not tolerated in our workplace. Clayton County Government promotes professionalism in our interactions as we carry out our duties. Employees are expected to be professional in attire, communication, and attitude. Failure to conduct yourself accordingly can result in professional, personal, financial, and legal risks. LEGAL OVERVIEW Some laws that apply to the topics harassment, sexual harassment, and discrimination emanate from the Civil Rights Act of 1964 as amended in 1972 and 1991. This is a federal law that prohibits discrimination in employment on the basis of race, color, religion, sex, or national origin due to its’ disproportionate and negative impact. This law in enforced by the Equal Employment Opportunity Commission (EEOC). There are some additional laws that may apply treating each other with professionalism, dignity and respect. For example: ❖ The Age Discrimination in Employment Act of 1967 (ADEA) Page 60

▪ The ADEA is a federal law that prohibits discrimination against applicants and employees aged 40 and above. It forbids age discrimination in hiring, compensation, discharge and other major aspects of employment. This law is enforced by EEOC. ❖ The Americans with Disabilities Act of 1990 (ADA) ▪ This federal legislation prohibits discrimination against persons who have physical or mental disabilities in employment, public services and transportation, public accommodations and telecommunications services. It defines disability as physical or mental impairment that substantially limits one or more major life activities. ❖ The Rehabilitation Act of 1973 ▪ This federal law which provides for equal employment opportunity for the physically and mentally disabled. It is enforced by the Department of Labor. Under this law, it is illegal to discriminate against a physically or mentally disabled person for non-job- related reasons. However, if the disability precludes the person from performing the job’s duties, denial of such job opportunity would not be considered discrimination. ❖ The Equal Pay Act of 1963 ▪ This is a federal law which prohibits employers from paying employees of one sex less than employees of the opposite sex “for equal work on jobs, the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions except where such payment is made pursuant to: ► A seniority system ► A merit system ► A system which measures earnings by quantity or quality of production ► A differential based on any other factor other than sex.” Page 61

SOCIAL OVERVIEW Diversity in its simplest term refers to differences. Diversity encompasses characteristics and attributes that make us unique and special in our own way. This includes differences in race, gender, age, language, physical characteristics, disability, sexual orientation, economic status, parental status, education, geographical origin, profession, lifestyle, religion, or position in the hierarchy of an organization. Culture refers to the customs, beliefs, practices, habits, and so forth that identify a particular geographical area/environment. Cultural beliefs, practices, and so forth vary from country to country, from region to region, and from family to family. Cultural practices become the norm for a particular area. Although we may not understand or agree with someone else’s cultural practices, we must engage in diversity management to effectively manage our behaviors in the workplace. By recognizing the contributions that the wealth of experience our varied backgrounds bring, and finding the value in those differences, we will truly find that diversity is a strength in our workplace. It has nothing to do with management style or even liking each other. Diversity management is about protecting your professional and personal investment. Diversity management is the taking time to learn workplace expectations and to adjust your behavior accordingly. Frederick Douglas said once “without a struggle there is no progress.” The journey of embracing diversity is not easy but is also not impossible. And it is definitely worth trying it! Part of exploring diversity includes understanding the cultural factors of diversity. They fall in two categories. Understanding these factors is part of Diversity Management. The primary dimension consists of things that you outwardly see in someone. The secondary dimension consists of things that if you engaged in conversation you will learn about them or gain more insight to them. Diversity Factors Examples of Primary Examples of Secondary ► Dress & Appearance ► Values and Norms/Work Ethics ► Body Language ► Race ► Approximate Age ► Profession/Education ► Gender ► Perspectives/Preferences ► Skin Color ► Emotions/Feelings ► Physical Characteristics ► Personal History ► Disability ► Religion ► Disability Page 62

UNDERSTANDING THE FACTORS OF DIVERSITY Diversity Learning Point #1: People make assumptions about the primary factors. Some of these assumptions can be right; however, some can be wrong. Diversity Learning Point #2: Most Primary dimension are protected under the anti-discrimination laws. For example, obesity is a physical characteristic and primary factor; discriminating against someone because of this reason could be a violation of the Americans with Disability Act or the Rehabilitation Act law. Making age-based employment decisions such as task assignments or promotion could be a violation of the Civil Rights Act or Age Discrimination in Employment Act. Diversity Learning Point #3: Primary factors can be changed in some cases; however, secondary factors are hard to change, and in some cases, they won’t change at all. The idea with this learning point is to move pass a first bad impression and into turning over a new leaf. Make your decisions based on fact not assumption of what you think you understand. Also, it may take having patience to work with someone who is different. Diversity Learning Point #4: Without understanding the secondary factors in a person, that person could be seen as a stranger. The question here is how do you view or treat strangers? Most tend to shy away or isolate them. Only talk to them when necessary. And when you do speak, is it short and curt (rude)? The impact of this behavior could affect the people you work with and the people you offer services to. When we treat team members this way, we are not showing interest in them as a person. This behavior destroys trust, tears down a team, or gives undesirable customer service. Diversity Learning Point #5: Get to know each other without judging each other; you may find out some interesting things. If you engage in a conversation with a team member, you are showing an “I care” attitude. Don’t judge based on what you see. Act from facts that you learn and understand from in the secondary factors. TEN ASPECTS OF CULTURAL NORMS & VALUES There are many things that we can do to begin moving beyond recognizing and learning about differences and into finding value in them. The ten aspects of cultural norm and values highlight some of the cultural factors that are found within the cultural. 1. Sense of Self and Space - The dominate American culture teaches us to stay about 1 ½ to 3 feet, or arm’s length from people with whom we are talking in a business or friendship relationship. Any closer is reserved for more intimate contact with family, romantic relationships, or very close friends. 2. Communication and Language - The most difficulty in any situation is when signals and meanings are misinterpreted. Over half of our communication is nonverbal, indicating the significance of gestures, facial expression, tone of voice and intonation patterns. Our non- verbal communication can often get us into trouble in multi-cultural groups, if not careful. Page 63

3. Dress and Appearance - The problem area is that each culture has different rules about what is appropriate. In some cultures, clothing is a sign of social class; hence, much money and attention are spent on dressing expensively. In others, clothing offers a chance to express one’s personality and creativity, so the brighter and more decorative the better. In still, others, clothing is just a necessity of life, neither a status symbol nor an individual statement. 4. Food and Eating Habits - Understanding food restrictions and taboos is a starting point. IN the workplace, differences can cause conflict due to what we eat, when we eat, and how we eat it culturally. There could be prohibitions against certain foods because of religious rules or cultural norms. 5. Time and Time Consciousness - An American concerned with deadlines is understandable frustrated by what may appear to be a lack of motivation, efficiency, or honesty when encountering someone who considers time more elastic and relative. To the other, the American, may be seen as always in a hurry and more concerned with tasks than with people. 6. Relationships, Family, Friends - On many occasions we may find that we have to remain culturally sensitive when it turns out that you need cooperation in certain situations. By respecting cultural norms that influence people in their family circles, we may handle situations with more cultural savvy. 7. Values and Norms – Such things as freedom, competition, privacy, loyalty and respect play an important role in all of our lives. Loss of face is important to avoid in all cultures, but how we handle in getting or destroying these depends on our cultural influences. While all of us want to be treated with dignity and respect, we define and demonstrate respect differently. 8. Beliefs and Attitudes – Whether we practice religion or not, it is one of the most powerful influences of our beliefs and attitudes. Everyone does not practice the same religions, celebrate the same holidays, or want the same days off. Still another area of cultural programming in regards to social order and authority differs culturally. 9. Mental Processes and Learning Styles – We all have preferences in learning and thinking styles and some of these preferences are cultural. 10. Work Habits and Practices – How work is view varies from cultural to culture. But in all cultures, it is a necessity. To some an evil necessity, however it may seem, it has to be done. Job status, motivation, commitment to a job and how one works differ due to cultural differences. Page 64

DIVERSITY FACTORS & PERCEPTION Perception is how you may view a person, place, object, or circumstance. They can be true or they can be inaccurate/incomplete although it may appear to be true. If you are looking at someone through your looking glass your outlook could be positive or negative toward that person, place, object or circumstance. Your looking glass includes all secondary factors which are hard to change. Perception influences your behavior. We try to make things make sense based on our experiences. We create biased actions from the notes we have created. Again, perception influence behavior. Sometimes it is simply a matter of how we see things that could change it. Not dealing constructively with diversity issues such as a difference in opinion will cause the team to fall apart. The idea is to use your principles like hard-work, honesty, integrity, fairness, responsibility, and respect because these you can apply to all situations and all people. Questions you can ask yourself when dealing with others: ▪ What perceptions do I have about myself? ▪ What perceptions do I have about this other person? ▪ What is making me do, think, feel, know about this person? ▪ What words and/or actions are being misunderstood? ▪ What communication spoilers exists? ▪ Are there any barriers (i.e. sarcasm, prejudice, stereotypes, etc...) to diversity that I have created? ▪ Which principles am I compromising and which ones am I using? THREE MAIN BARRIERS TO ACCEPTING DIVERSITY When looking at your perceptions and using your principles ask yourself if there are any barriers that exist from accepting this person. There are many subtle hindrances like name calling/labeling someone something they are not, a harsh or sarcastic voice tone, not being considerate of negative associations that push buttons and cause undue harm. Whatever you do or not do, don’t let the three main barriers to accepting diversity be the things that hold you back from embracing it. The three main barriers are prejudice, stereotype, and discrimination. Page 65

Prejudice is a preconceived judgment or opinion or an adverse opinion or learning formed without just grounds or before sufficient knowledge. Stereotypes are generalizations based on a certain prejudice. Both prejudice and stereotypes limit our perceptions about individuals and their capabilities. Stereotypes are built on some experience and misinterpretation of other cultural norms. An example of a stereotype is: All cops eat donuts. Although this seem to be a stereotype that is harmless, is it? All cops do not eat donuts and it is not a good thing to assume such. Imagine a stereotype that is much more severe. The truth about stereotypes is that they can be like thick lenses that distort out vision. Sometimes the distortion is minor; sometimes it is extreme. But no matter how minor or extreme they can tear a team apart because it creates conflict instead of eliminating it. Discrimination is the process of making a difference in treatment or favor on a basis other than individual merit. These are actions or practices that have a negative impact on any race, color, religion, age, national origin, sex, or sexual orientation. Examples of discrimination include but are not limited to not hiring a male secretary because it is a women’s job. If you find that you have subjected to it, please report it immediately to your supervisor. If it is your supervisor discriminating against you, use your channel of communication. You may also contact the Personnel Department Director. Prejudice, stereotypes and discrimination will certainly hinder a team to become as effective as it can be. These were three main barriers but please don’t let any other subtle hindrance be a reason that hold you back from embracing true diversity on our team. If you allow these barriers, they will truly hurt, destroy trust, respect, and professionalism. FOUR CRITICAL ELEMENTS IN DEALING WITH DIVERSITY ❖ Understand and respect individual differences ► Keep an open mind toward others whom you’ve identified as being different from you. If you see someone who has a certain look, wear a certain article, hear an ethnic name, see a different skin color, hear an accent, see a disability or learn that someone is homosexual, question your assumptions. ► Labeling someone is not necessarily an accurate indicator of a person’s character, skill or personality. ❖ Be assertive Page 66

► Do what is right and fair. No one can read your mind. Let other people know how you want to be treated in a professional demeanor and tone. ► Explain to others your reasons for your point of view so that they are allowed the opportunity to understand. ❖ Know and use the Golden and Platinum Rules ► The Golden Rule is that you treat others the way you want to be treated. ► The Platinum Rule is that you treat others the way they want to be treated. ► Both of these rules together, work wonders in helping a person be mindful of others while fostering a working environment of respect and dignity. Get to the root of the problem and assertively work toward a win/win situation. ❖ Act as a force for change ► Everyone is responsible for their own actions as well as workplace behavior. ► Acting as a force for change is looking at what you CAN DO to better the team. The key to remember when dealing with others is to not be demeaning to individuals or groups. They way in which we say something can change the effect of the word. ► Start with yourself. Gain understanding of intent vs. impact. Be mindful of any negative associations of words or phrases and refrain from use. The best perspective is to know that we are all part of the human race and each of us have been given a name. So, don’t misuse or over use even the politically correct terms. Maintain professionalism in all interactions. IMPACTS FROM HARASSMENT, SEXUAL HARASSMENT, AND DISCRIMINATION Problems or conflicts naturally come from dealing with differences in the workplace. However, most problems or conflicts doesn’t stem from the differences, it is from ineffective communication. In the real world, it is difficult to read another person’s mind or repair a damaged relationship, because in reality there are no magic formulas. However, what we CAN do is look at ourselves and know that communication is the key. Communication is the key to dealing with diversity, preventing sexual harassment, and building an awesome team. We tend to assume people understand our intent, or assume we understand someone else’s. For good communication to occur, we need to ensure that our intent is well understood. There is more than one side of communication. The person sending a message and the person who is receiving it. When you are dealing with conflict or any type of harassing situation, looking at the communication process can help. The sender of harassing or harmful behavior does not consider the impact of their behavior to the receiver. Typical responses to those who are subjected to this harmful behavior tend to ignore it, blame themselves, grin and bear it, fight fire with fire, or quit Page 67

the job. The outcome of court cases in matters of Civil Rights were determined based on this simple concept. Sender vs. Receiver: Intent vs. Impact. What determine if harassment, sexual harassment, or discrimination occurred is the impact on the receiver. When workplace hazing or harassment occurs it is against the law and Clayton County’s Rules and Regulations. CSR 3.113 says that no discrimination shall be exercised threatened or promised against or in favor or any applicant, eligible or employee because of his race, religion, national origin, political beliefs, age, or sex. Rule 3.114 says that while performing duties for or in the employee of the county no employee shall use racially derogatory terms or slurs directed toward any employee, citizen or other person. If we violate these rules, we could be creating a hostile work environment. Creating a hostile environment is harassment. Harassment is considered behavior which as the effect of humiliating, intimidating, or coercing someone through personal attack causing someone to feel uncomfortable or embarrassed. Harassment is a form of discrimination. Sexual harassment is a form of sex discrimination which is prohibited under the Civil Rights Act law. Page 68

SEXUAL HARASSMENT PREVENTION SECTION V A. Defining Sexual Harassment B. Preventing Sexual Harassment C. Sexual Harassment Prevention Policy Highlights Page 69

OVERVIEW OF SEXUAL HARASSMENT Today’s workplaces are very different from the way they were years ago. Technology, globalization, diversity, EEO laws, and other factors greatly influence the way we work. One of the factors that influences the way we work and interact with each other in the workplace is the influx of women into the once male- dominated work environment. This major change brought forth several laws that focus on maintaining a safe and fair work environment in which all can contribute, work, and grow. Sexual attraction has been in existence since the dawn of man, and forms the foundation that keeps our species populated. Although sexual attraction exists, certain behaviors in the workplace go against federal and state laws as well as organizational policies – these behaviors can lead to charges of sexual harassment and/or discrimination. Clayton County Government will not tolerate sexually harassing/discriminating behavior in our workplace. We encourage our employees not to engage in this type of behavior. We also encourage our employees to speak up if they are being sexually harassed or discriminated against. Clayton County Government responds quickly to claims of sexual harassment, and dire consequences exist for those engaging in this behavior. Sexual harassment includes practices ranging from direct requests for sexual favors to workplace conditions that create a hostile environment. Both men and women are protected against sexual harassment discrimination. Sex discrimination also includes the sexual harassment of persons of either gender, including same-sex harassment. LEGAL OVERVIEW Engaging in illegal sexual harassing/discriminatory behaviors can result in dire personal consequences that can become a permanent part of your employment history. Consequences of misguided, illegal behavior as it relates to sexual harassment includes the possibility of: ► Termination ► Demotion/Suspension ► Loss of Promotional Opportunities ► Personal Financial Losses WHAT IS SEXUAL HARASSMENT? Page 70

There are many words that can be used like offensive, unwelcome, abusive, insulting, exploitive sexual treatment, and/or demeaning. But one word describing sexual harassment, which is the most important of all is-- illegal. It is also against the policies of Clayton County to sexually harassment anyone in any form or fashion. Whether you are male, female, or two consenting people to anyone visiting, working, or conducting business at the county. ❖ Sexual Harassment is unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: ► Submission to such conduct is made either explicitly or implicitly a term of condition of an individual’s employment ► Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or ► Such conduct that has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment. ❖ Two basic types: ► Quid Pro Quo (This for That) One of the most blatant forms of sexual harassment. This form of harassment occurs when a boss, or someone with power or authority effect an employee’s working conditions. ► Hostile Work Environment This is the more common and more confusing of the two because it involves a variety of more subtle and complex behaviors. The conduct can be physical, verbal, or non- verbal. Identifying the type of sexual harassment is important, but it is also critical to be able to determine if you have been sexually harassed or are participating in it. Sexual harassment precludes any usual social interaction that may [even] be sexual in nature. For example, people can get acquainted, joke together; ask for dates as long as that behavior is welcomed by the parties involved. In other words, the behavior is consensual. However, even if some behaviors do not constitute sexual harassment, it still may be inappropriate work conduct. For example, two people dating kissing and hugging each other intimately may be consensual or even reciprocated but it is not professional workplace behavior. We must always be mindful of others by respecting our workplace as a place to conduct county business whether we are on work premises or on work time. We must always be aware of the impact of our behaviors. The best way to prevent offending others is to always remain professional in the way we dress, act, and interact/communicate with Page 71

others. Use universal precautions (Sir/Ma’am/Mr./Ms.) when addressing individuals until you know different. Behavior that may at first be a minor annoyance becomes sexual harassment when it is unwelcome and persistent, when it begins to affect the job performance, and when it creates a hostile, intimidating environment. SEXUAL HARASSING BEHAVIORS Below are examples of behavior that could lead to sexual harassment: verbal, non-verbal, or physical: Physical – unwanted physical contact ► Fondling, grabbing, patting, pinching, stroking, actual or attempted kissing, “accidental” touching, collisions, etc. It’s sexual harassment if: ► Bob continually brushes against Linda, though she’s told him to stop. ► Rebecca pats Sam on the buttocks. Verbal – vocal suggestions in a sexual nature.  Ongoing sexual remarks about a person’s clothing, body, personal life, frequent sexual teasing, repeated invitations after being told they are unwelcome, group conversations may become sexual harassment with repeated: - Explicit sexual jokes - Graphic sexual descriptions - Offensive sexual references  It’s sexual harassment if: - Louise repeatedly tells Lou she would like to see him without clothes and Lou told her to stop such comments. - Ken often opens meetings with a sexual joke after being told not to. Non-Verbal – offensive gestures.  Leering, ogling, whistling, posting or circulating sexual materials or pictures, licking lips, making lewd hand gestures, etc.  It may be sexual harassment if: - Provocative nude photos are posted in work areas. - Jack and Jim whistle and make sexual gestures whenever they see Sally. HOW TO RESPOND TO SEXUAL HARASSING BEHAVIOR Respond. Be very specific when confronting the harasser and ask that the harassment stop. It may be difficult but it is the best initial course of action. Check for understanding. Page 72

Record. Document any continuing harassment in a bounded booklet which paper cannot be added. If your attempts have not been successful, take further steps in order to make the harassment stop. Write a log or keep a record of incidents. Include date, time, location and description as well as what was done and/or said, witnesses that were present, and how you felt. Review the County’s policy on sexual harassment and report it to your supervisor. Your supervisor should be one main resource that could help you in eliminating incidents of sexual harassment. If you are uncomfortable with that or your supervisor is engaging in sexual harassing behaviors, then use your channel of communication. However, if you are found falsely accusing someone of sexual harassment, you are subjected to disciplinary action up to and including termination. HOW TO PREVENT SEXUAL HARASSMENT Most people tend to make distinctions between how they talk to who they talking to. For example, the way you may speak to your best friend is different than the way you would speak to your boss. However, it is not always easy to know when friendly behavior begins to cross the line. There are three methods that you can use to determine if your behavior is okay or probably welcome. Method #1 One way is to ask yourself is the intent the same as the impact. First, be sure you’re displaying the professional behavior that you want to be known for. Second, pay attention to how others are reacting to your jokes and comments. If there is not equal interaction, discontinue the behavior at once. Method #2 The other way is to look at the way in which you interact and communicate with others and determine if you display any behaviors that could lead to sexual harassment. If you do, you may want to look at the appropriateness of those behaviors. Remember that Clayton County is a “G” rated company in an “R” rated world. Even if the behavior does not constitute sexual harassment, you should still ask yourself “Is this professional behavior?” If not, stop doing it. Method #3 Determine if your behavior is okay or welcome is by asking yourself, “Is this behavior welcome?” To determine if your behavior is welcome or unwanted ask yourself “Is there equal power between me and the person I am interacting with?” If not, don’t do it. Or ask yourself “Would I behave this way if my significant other, spouse, mother, or father were standing next to me?” If the answer is no, then it is perhaps inappropriate behavior and you should stop. Another way to determine if your behavior is probably unwelcome is to ask yourself “Would I be embarrassed if this behavior Page 73

made a story that would appear on the news?” If so, don’t do it. Or lastly, ask yourself “Is there equal initiation and participation between me and the person I am interacting with?” If not, stop engaging in that sort of conduct and apologize immediately. You can always help in the prevention of harassment, sexual harassment, and/or discrimination in our workplace by knowing what they are, being professional, and not engaging in inappropriate behaviors. Know that “No” means NO. Sexual harassment can be a single event that can cause tremendous harm to an individual and the workplace. Don’t be afraid to stop potentially dangerous conversations or report inappropriate actions by a fellow employee. Remember what to do if you believe you have been subjected to sexual harassment. Taking responsibility for your actions and attitude toward yourself and others include looking at how you are, who you are, and who you would like to be. If you are looking back at someone you don’t like, change it. Make an adjustment not only for the team that you are a part of, but for your own sake. Page 74

HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) SECTION VI A. Overview of HIPAA B. HIPAA Plan C. Clayton County Privacy Rule D. Clayton County Privacy Rule Poster ► Privacy Officials ► Enforcement/Penalties E. Authorization Form F. Complaint Form G. HIPAA Security Rule – (by Information Technology) H. Possible Work Scenarios I. Questions Page 75

OVERVIEW OF HIPAA HEALTH INSURANCE PORTABILITY & ACCOUNTABILITY ACT HIPAA impacts more than just insurance. It impacts how we work together on our Clayton County team. Every team member of the County has a risk exposure to protected health information that could easily identify individuals. What is HIPAA HIPAA is the civil right to privacy of health and medical information. The privacy rule is to protect the confidentiality of medical records and other personal health information. As far as the workplace, the rule limits the use and release of individually identifiable health information (IIHI); restricts most disclosure of health information to the minimum needed for the intended purpose; and establishes safeguards and restrictions regarding disclosure of records for certain public responsibilities. Improper uses or disclosures under the rule are subject to PERSONAL, criminal and civil sanctions by the law. Two measures that HIPAA addresses: ❖ Portability allows people to carry proof of their health insurance from one job to another so they may eliminate the pre-existing condition clause in their new coverage. ❖ Accountability deals with fraud and administration. This portion of the law was designed to improve and/or simplify the administration of health insurance and maximize security and privacy of health and medical information. ► Restricts the use of an individual’s protected health information for non-health care related purposes. ► Authorizations are required for disclosures of PHI for reasons other than treatment, payment, and healthcare operations. ► PHI may not be used to make employment decisions. ► Most disclosures of PHI must adhere to the “minimum necessary” standard. ► There are three sides to HIPAA under the accountability measure: ▪ Plan – Administration of health services ▪ Provider – provides health services ✓ Example Departments: Fire/EMS and Parks & Recreation - Aging Division ▪ Security – medical data stored on computers Page 76

✓ The EMS division of the Fire Department is a health care provider. The computerized Protected Health Information they have falls under the HIPAA Security Rule for ePHI. ✓ The Finance Department receives this data from the Fire Department for patient billing and insurance filing. This computerized EMS data in the Finance Department also falls under the same security rule. ✓ Senior Services - Aging Division is a health care provider because they operate a daycare for persons with medical needs. But since the medical records are not kept on a computer at this time, they do not fall under the security rule. Important Definitions ❖ Protected Health Information (PHI) is any medical and health information that comes into your possession which identifies individuals. ❖ Individually Identifiable Health Information (IIHI) is a technical term that relates to the past, present or future health (including mental health) condition; care or treatment of an individual; or payment for that care that identifies that individual; or information that can identify or reasonably identify a person. ❖ Electronic Protected Health Information (ePHI) that is stored on servers, personal computers and computer media (i.e., CD, tape, diskette, external drive). Paper faxes and voice mails are not considered ePHI. HIPAA PLAN Protected Health Information Risk Exposures Exposures to PHI, IIHI or ePHI include any information containing any health or medical prognosis/diagnosis, but are not limited to: ► Copies of explanation of benefits ► Any large claim reports ► Areas of check registers or claim reports used to reconcile financial records ► Evidence of insurability forms ► Coverage or benefit applications, claim appeals, claim auditor reports ► Employer provided assistance on claims issues ► Enrollment information contained in a computer system ► Employee Assistance Program ► Life insurance application forms ► And other benefits application forms Page 77

How the County Insurance Plans May Use and Disclose Your Protected Health Information ❖ Uses and Disclosures Relating to Treatment, Payment, or Health Care Operations ► Treatment: The Plan is permitted to disclose your PHI for purposes of medical treatment. Your PHI may be disclosed to doctors, nurses, hospitals, emergency medical technicians, pharmacists, and other health care professionals where is the disclosure is for medical treatment. ► Payment: If it is necessary for some or all payments to be made or medical care you receive that is covered by the Plan, then in the course of payment operations PHI may be disclosed. It is also possible that if you are covered by more than one plan, then PHI will be shared with the other plan to coordinate payment of your claims. ► Health Care Operations: The Plan may use and disclose your PHI in the course of evaluating the quality of services received, certain professionals (i.e. accountant, lawyer, or auditor) for auditing purposes, or insurance companies for the purpose of obtaining various insurance coverages. ❖ Other Uses and Disclosures of Your PHI NOT Requiring Authorization ► To the Plan Sponsor: The Plan may disclose PHI to Clayton County Board of Commissioners (the employer) because they sponsor or maintain the Plan for your benefit and the benefit of your dependents. However, the exposure of PHI can only be used for a limited purpose. It cannot be used for the purpose of employment-related actions, decisions, or in connection with any other benefits. ► Required by Law: When a law requires that the Plan report information related to suspected abuse, neglect or domestic violence, or suspected criminal activity, or in response to a court order, PHI must be disclosed. ► For Public Health Activities: PHI may be disclosed for the collection of information about disease or injury, or to report vital statistics to the public health authority. ► For Health Oversight Activities: The Plan may disclose PHI to agencies or departments responsible for monitoring the health care system for such purposes as reporting or investigation of unusual incidents. ► Relating to Decedents: An individual’s coroner, medical examiner, funeral director, and organ procurement organizations relating to organ, eye, or tissue donations or transplants may receive disclosed PHI. ► For Research Purposes: In certain circumstances, and under strict supervision of a privacy board, the Plan may disclose PHI to assist medical and psychiatric research. Page 78

► To Avert Threat to Health or Safety: In order to avoid a serious threat to health or safety, the Plan may disclose PHI as necessary to law enforcement or other persons who can reasonably prevent or lessen the threat of harm. ► For Specific Government Functions: PHI of military personnel (and veterans in certain situations) may be disclosed to correctional facilities in certain situations, government programs relating to eligibility and enrollment and for national security reasons. ❖ Uses and Disclosures Requiring Authorizations ► Any use or disclosures beyond treatment, payment and operations and for any other reason listed above, a written authorization must be given. Otherwise, the Plan cannot use or disclose any of your PHI. Your authorizations can be revoked at any time to stop future uses, except to the extent that the Plan has already undertaken an action in reliance upon your authorization. You may also object to (under certain circumstances) to have your PHI shared with others involved in your care or payment of your care. Your Rights Regarding Your Protective Health Information ❖ Request restrictions on uses and disclosures ► The Plan will consider your request as to how it uses or discloses your PHI. However, it is not legally bound to agree to the restriction. ► The Plan cannot agree to limit uses or disclosures that are required by law. ❖ Choose how the Plan contacts you. ► You may have information sent to an alternative address or by an alternative means. However, the request must be reasonably easy to accommodate. ❖ Inspect and copy your PHI ► You may see or request copies of your PHI in the possession of the Plan or vendors related to the Plan if you put your request in writing. ► Expect the Plan response to the request be made within thirty (30) days ► You can be denied inspection or copies unless your access is restricted for clear and documented treatment reasons. ❖ Request amendment to your PHI ► If you believe there is a mistake or missing information, you may request in writing that the record be corrected or supplemented. ► Expect the Plan response to the request be made within sixty (60) days. Page 79

► Expect the Plan to deny the request if it is determined that the PHI is correct and complete, not originated by the Plan and/or vendors related to the Plan, or if not permitted to be disclosed. ❖ Find out what disclosures have been made ► A request to obtain a list of when, to whom, for what purpose, and what portion of your PHI have been released by the Plan (and/or related vendors) can be made. ► Understand that this list does not include instances of any authorized disclosures, disclosures made to you or your family, disclosures for treatment, payment, or health care operations, disclosures made for national security purposes, law enforcement officials, or correctional facilities, or before the date of federal privacy rules applied to the Plan. CLAYTON COUNTY PRIVACY RULE In accordance with the federal HIPAA policy law, Clayton County’s privacy rule, specifically describes roles and responsibilities of everyone. In addition to the HIPAA rule, the County privacy rule stipulates that any PHI, IIHI, or health and medical information that can identify an individual as private health information. All private health information is held to the same standard as the HIPAA law. ❖ You may be in contact with private health information while working in your jobs. ❖ You may incidentally hear private health information while at work or during “non-work time” on or off work premises. Although the HIPAA law precludes certain aspects of employment decisions (e.g. hiring, firing, promotions, training, etc...) other personnel decisions must be made (e.g. work schedule adjustments, work assignments, etc...). Therefore, the County’s privacy rules are clear to the effect that department directors, managers, and supervisors always fall under the “need to know” and “minimum necessary” clause when acting as part of the “Plan” during the scope of their employment. HIPAA nor does the County Privacy Rules give “right to refuse” information to the chain of command. Ultimately, the Department Directors always fall under “need to know.” Private Health Information Risk Exposures Exposures to any private health information, PHI, IIHI or ePHI includes any information containing any health or medical prognosis/diagnosis, but are not limited to: ► Workers’ compensation carriers or injury reports ► Workers’ compensation authorization reports completed by doctors Page 80

► Any treatment records where care is provided by a health care professional and information is sent to the department ► Pre-employment drug screens and physicals ► Family and Medical Leave (FMLA) requests ► Americans with Disability Act (ADA) compliance information ► Sick Leave Applications ► Annual leave donation requests ► And/or any verbal conversation concerning someone’s illness or condition Although you may acquire information in many ways the source of that information is important. Information obtained beyond the scope of treatment, payment or healthcare operations will require an authorization by the owner of that information in order for you to disclose. Authorization for release forms may be obtained from the Human Resources/Benefits & Insurance Division. Report all disclosure incidents to the Human Resources Manager/Benefits & Insurance Division. Call 770-477-3597 for more information. ROLES & RESPONSIBILITIES Due to the nature of common communication and work practices, as well as the various environments in which increases the risk for private health information to be disclosed incidentally, safeguards must be made by every employee of the County. Reasonable safeguards include, but are not limited to: ❖ Treating all health and medical information as “TOP SECRET” ► Speak quietly when discussing someone’s health and medical information within the scope of your job. ► Avoid the use of names in public hallways and elevators when discussing health and medical information within the scope of your job. ► Isolate or locking file cabinets or records rooms when not in use. ► Keep your desk free of confidential information when you step away. ► Stamp/Note confidential on all private health and medical information. ► Provide additional security, such as passwords, on computers maintaining personal information. Page 81

► Dispose of any private health and medical information to where it cannot be accessed by those who have no authority to see it. ❖ Disclosing information, when in the scope of your duties, only for the treatment, payment, or health care operations. Otherwise, obtain an authorization from the Insurance Office. ❖ Disclose only to those who are on a “Need to Know” basis. ► Be aware of what can be disclosed and which information would require an authorization. ❖ Disclosing to those who have a legitimate need for the information and provide only the “minimum necessary” amount of information. ► If you are not sure whether to disclose “error on the side of caution.” Limit or deny the disclosure and check with the appropriate Deputy Official responsible for the that particular area of concern. ❖ Know who your Deputy Privacy Officials are. HIPAA SECURITY RULE HIPAA Security Rule is the part of the federal Health Insurance Portability and Accountability Act (HIPAA) that requires health care providers and health plan administrators to secure electronic Protected Health Information (ePHI). Some departments have employee medical information as it relates to job attendance, job performance, and a medical emergency. For example, the Aging program under Senior Services collects medical data in the process of determining eligibility for home meals and housekeeping services. While this information should be secured, it is not covered by the HIPAA Security Rule because the information is not part of the health plan administration or providing health care. However, it does fall under the County’s Privacy Rule and each employee of the County has an obligation to keep all health and medical information past, present, and future secure. Furthermore, the County’s position as it pertains to all computerized information is valued and should be treated appropriately. ❖ The Security Rule requires health plans and health care providers to protect: ► Confidentiality, so that ePHI is not made available or disclosed to unauthorized persons or processes. Page 82

■ Integrity, so that ePHI is not altered nor destroyed in an unauthorized manner. ■ Availability, so that ePHI is accessible and useable upon demand by an authorized person. ❖ The following are violations to the HIPAA Security Rule: ► Giving a tape or CD containing ePHI (electronic Protected Health Information to unauthorized persons. ► Deleting or destroying ePHI that is not scheduled for removal. ► Failure to provide a secure physical environment for personal computers, CDs, tapes and diskettes. ❖ The things that you as an employee can do to comply with the HIPAA Security Rule are: ► Never use another employee’s ID and password to sign-on. (This is a very serious security violation because the audit logs would credit your access and your updates to another person.) ► Commit your password to memory. ► Do not write your password down. ► Do not disclose your passwords to anyone other than your supervisor. ► If you think your password has been compromised, call the I.T. Help Desk at 770-477- 3728 to make arrangements to have your password reset. ► Take extra care when entering health data into a computer system to ensure the accuracy of the data. ► Logoff your PC when you leave it for an extended period of time such as breaks, lunches and meetings. The easiest way to lock Windows is by simply pressing the Windows Logo key and the letter L (for Lock). ► Be sure your PC is set to automatically logoff if left unattended for more than fifteen minutes. This option is only available if you are using Windows XP. See directions for setting automatic logoff. ► Do not download anything from web sites as the files may contain computer viruses or spyware. ► Do not bring files from an outside source on CD, diskette or USB drive to your computer. Don’t be tempted by fancy screen savers or other goodies. Page 83

► Do not open e-mail attachments unless you are expecting a document from this person. ► If you have ePHI on the hard drive of your personal computer and your hard drive is the official repository for this information, backup this data to a tape, CD, diskette or external drive on a regular basis. ► Store backup media (tape, CD, diskette or external drive) in a secure location. ► Report to your Department Head if you suspect any unauthorized access or other risks to ePHI. Setting Automatic Screen Lock in Windows ► Click Search ► Enter/Click Settings ► Click Personalization ► Click Lock Screen ► Click Screen Timeout Settings link ► Adjust Screen and Sleep settings ► Click the right corner X of the Power & Sleep window to close It may be necessary to reboot your computer for these changes to take effect. Now your monitor will automatically lock when inactive for the amount of time you specified in the settings. POSSIBLE WORK SCENARIOS Training Scenarios Training scenarios relating to the HIPAA law may be obtained through your departmental personnel representative, the Human Resources Department Professional Development Division, or by accessing the county’s intranet system (eCompass). Visit ecompass.claytoncountyga.gov and select the Human Resources/Benefits & Insurance Division. These scenarios can only be accessed from a county network computer, not the world wide web. The Who ► Describes the category of employees at whom the training is directed. The Situation Page 84

► Describes the situation or circumstance in which the use or disclosure is contemplated The What to Do ► Describes how you should handle the situation, in most cases. The Why ► Describes the rationale for the suggested or recommended course of action. Classes on HIPAA and the County’s privacy policy will be given on an on-going basis. Check the training calendar for dates and times. For class registration information call the Human Resources Department at 770-477-3241. For other inquiries contact your supervisor, department head or Deputy Privacy Official responsible for area in question. The purpose of this information is to be used to assist in your success in meeting what is required by law and Clayton County’s Privacy Rule. For additional information contact Human Resources Manager/Benefits & Insurance Division at 770-477-3597 for HIPAA-Plan information, Human Resources Director at 770-473- 5801 for any employment issue, Information Technology Director at 770-477-3730 for HIPAA Security information. Page 85

ACKNOWLEDGEMENT FORMS SECTION VII Page 86

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Thank you and welcome to Clayton County! Page 89