PROHIBITION AGAINST DISCRIMINATION, HARASSMENT, AND RETALIATION (HR2406) REDLINED 08-21-2019.PDF

MARICOPA COUNTY INTERNAL POLICY
Policy Title: Policy Number: HR2406
PROHIBITION AGAINST DISCRIMINATION, Current Adoption Date: 08-21-2019
HARASSMENT, AND RETALIATION Current Implementation
08-21-2019
Date:
Approved by: Board Agenda Number: C-31-15-037-6-01
BOARD OF SUPERVISORS
Original Adoption Date: 07-1998
I. PURPOSE
Maricopa County is an equal opportunity employer. In accordance with applicable law, the County
prohibits discrimination and harassment based on race, gender, religion, color, national origin, age,
disability, pregnancy, veteran status, genetic information, or any other characteristic protected by
federal or state laws. Maricopa County also prohibits discrimination and harassment based on sexual
orientation. Maricopa County is committed to preventing retaliation against employees who engage
in activity protected by federal or state discrimination and harassment laws or policy. The purpose of
this Policy is to outline Maricopa County’s prohibition against Discrimination, Harassment, and
Retaliation and toThis Policy outlines a complaint and investigation procedure for employees who
believe they have witnessed or been subjected to Hharassment, dDiscrimination, or rRetaliation.
Maricopa County also seeks to address unprofessional and discourteous conduct, which, if allowed
to continue, could potentially rise to the level of, or lead to, a violation of law or this Ppolicy.
II. AUTHORITY
This Policy is authorized by the Board of Supervisors pursuant to A.R.S. § 11-251.
II.III. APPLICATION
This Policy applies to all employees and volunteers of all Maricopa County appointed departments
as well as the Flood Control District ofand Maricopa County and the Maricopa County Library
District (Special Districts). The Board of Supervisors is authorized to jointly adopt policies applying
to the Special Districts under the Intergovernmental Agreement, C-06-18-393-6-00, approved on
April 11, 2018.
This Policy alsoshall applyies to employees of County elected officeials unless the County elected
official has implemented a similar policy prohibiting discrimination, harassment and retaliation
specific to his or hertheir respective Office.
III.IV. DEFINITIONS
A. Appointing Authority: An elected official, the single administrative, or executive head of a
Ddepartment/Sspecial Ddistrict, or the designated representative authorized to act in this
capacity.
B. Department Human Resources: The employee’s assigned internal human resources office. If
there is no departmental human resources office, then it refers to the department’s assigned
HR Liaison.
C. Discrimination: Different treatment in the terms, conditions, and privileges of employment
because of an individual’s Protected Characteristic.

Policy Title: Policy Number: HR2406
PROHIBITION AGAINST DISCRIMINATION,
08-21-
HARASSMENT, AND RETALIATION Current Adoption Date: 20195
D. Employee Relations: The Employee Relations division of the Maricopa County Human
Resources Department located at 301 W. Jefferson Avenue, Suite 200, Phoenix, Arizona
85003.
E. Harassment: Unwelcome sexual advances, requests for sexual favors and other conduct of a
sexual nature, or treatment of an individual based on a Protected Characteristic that is not
welcome, is offensive, interferes with work effectiveness, or that creates an intimidating, hostile,
or offensive work environment. Not all conduct that is unpleasant or upsetting constitutes
harassment.
F. Protected Activity: Employees’ good faith expressed opposition to an employer’s practice that
they have a reasonable belief to be dDiscrimination (e.g.,; such as, complaining of alleged
dDiscrimination or hHarassment against oneself or another, or filing a charge of dDiscrimination,
. Protected Activity may also includeor exercising legal rights such as requesting a reasonable
accommodation based on religion or disability, requesting leave under the Family and Medical
Leave Act, or filing a workers’ compensation claim).
G. Protected Characteristic: All characteristics covered by applicable federal or state laws
including, but not limited to, race, gender, religion, color, national origin, age, disability,
pregnancy, veteran status, and genetic information. For purposes of this definition, sexual
orientation is also a Protected Characteristic.
H. Retaliation: Subjecting an employee to aAdverse treatment or adverse action because the
employee engaged in a Protected Activity.
IV.V. POLICY
A. Maricopa County provides equal employment opportunities to all employees and applicants for
employment regardless of any Protected Characteristic or Protected Activity, and strictly
prohibits Discrimination, Harassment, and Retaliation, or any conduct that could rise to the level
of Discrimination, Harassment or Retaliation. This Policy applies to all terms and conditions of
employment, including recruiting, hiring, placement, promotion, performance management,
discipline, termination, reductions in force, furloughs, transfers, leaves of absence,
compensation, benefits and training
A.B. Each employee, supervisor, manager, and Appointing Authority/elected official is
responsible for actively promoting the establishment and maintenance of a professional
workplace, free from dDiscrimination, hHarassment, and rRetaliation. To that end, this Policy
expressly prohibits anyone from engaging in any type of harassment or discrimination, or any
conduct that could rise to the level of harassment or discrimination. Retaliation of any kind,
including toward any complainant, witness, or other employee, applicant, or other individual
complying with this Policy or involved in an investigation undertaken pursuant to this Policy, is
strictly prohibited.
B.C. Supervisors and managers shall ensure that all employees are aware of this Policy and
the consequences of violating this Policyit. Failure by a supervisor or manager to immediately
report observed or known dDiscrimination, hHarassment, or rRetaliation is grounds for disciplinary
action, up to and including termination.
C.D. Determining whether specific conduct constitutes a violation of this Policy depends upon
the facts and the context in which the conduct occurs as well as the severity or frequency of the
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Policy Title: Policy Number: HR2406
PROHIBITION AGAINST DISCRIMINATION,
08-21-
HARASSMENT, AND RETALIATION Current Adoption Date: 20195
conduct. Certain behaviors that do not fit the definition of dDiscrimination, hHarassment, or
rRetaliation under this Policy may be nonetheless unprofessional and inappropriate in the
workplace and may also be prohibited by Policy HR2421, Professional Conduct and/or other
County or departmental policies of the County or an employee’s department that govern
professionalism in the workplace. Complaints not based on a Protected Characteristic should be
handled through HR2405 Employee Workplace Concerns.
D.E. The following are examples of conduct that could rise to the level of, or lead to
dDiscrimination or hHarassment:
1. Making employment decisions such as hiring, promoting, disciplining, or terminating based on
an individual’s Protected Characteristic.
2. Offensive or derogatory comments directed toward a person on account of a Protected
Characteristic.
3. Physical conduct such as deliberately impeding or blocking movement of another, violating
an individual's "personal space”, or unwelcome touching, patting, pinching, or brushing parts
of the body.
4. Visual (nonverbal) or graphic harassment such as derogatory or suggestive photographs,
calendars, graffiti, posters, cartoons, drawings, sexually suggestive objects, obscene
gestures, or leering, or drawing attention to suggestive or pornographic materials.
5. Jokes or comments based on a Protected Characteristic, including jokes about:
 Race or national origin
 Someone's gGender or sexual orientation
 Age (40 or older)
 Religion or religious practices or wardrobe
 An individual’s body, including jokes about a woman’s body during pregnancy
 An individual with a disability
 Jokes of a sexual nature
6. Using stereotypes or assumptions about people based on Protected Characteristics.
7. Using technology such as Facebook, Twitter, texting, email, and voicemail, and instant
message to generate, send or display material that is considered obscene, profane,
intimidating, threatening, defamatory, or which identifies or refers to a Protected Characteristic
in derogatory or stereotypical terms. This includes material that is intended only as a joke or
for amusement purposes.
E.F. Discipline for violations of this Policy should be implemented to stop and prevent
discrimination, harassment, and retaliation. Immediate and appropriate corrective action must be
taken when it has been determined that violations of this Policy have occurred. Depending upon
the severity and pervasiveness of the behavior, the Appointing Authority will determine the
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Policy Title: Policy Number: HR2406
PROHIBITION AGAINST DISCRIMINATION,
08-21-
HARASSMENT, AND RETALIATION Current Adoption Date: 20195
appropriate level of discipline. Unprofessional and discourteous behavior that does not rise to the
level of unlawful discrimination, harassment, or retaliation may still result in discipline, up to and
including termination.
V.VI. COMPLAINT AND INVESTIGATION PROCEDURES
An employee is not required to directly confront the individual believed to be engaging in
discriminatory, harassing, or retaliatory behavior toward them. However, employees may certainly
choose to advise the person exhibiting the unwanted behavior that the behavior is inappropriate,
unprofessional, or making them uncomfortable, and that they wish the behavior to stop.
Employees who feel they have been subjected to discrimination, harassment, or retaliation, or who
have witnessed what they believe to be discrimination, harassment, or retaliation toward another,
should promptly take the following action(s):
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Policy Title: Policy Number: HR2406
PROHIBITION AGAINST DISCRIMINATION,
08-21-
HARASSMENT, AND RETALIATION Current Adoption Date: 20195
A. COMPLAINT PROCEDURE
1. Written Complaints: Employees are encouraged, but not required, to formalize their
complaints in writing using the Discrimination/Harassment/Retaliation Complaint Form so that
an investigation can begin promptly based on the written information provided by the
complainant. Employees should also provide any supporting information whenever possible
(e.g., e-mails, pictures, voicemail messages) with their completed complaint form whenever
possible.
2.1. Upon completion, tThe form should be submitted to one of the following: the Appointing
Authority, the County’s Director of Human Resources Director, Employee Relations,
Department Human Resources, or any combination of the above listed individuals and
entities. Employees are always free to inform the County’s Director of Human Resources
about possible harassment, discrimination, or retaliation.
2. Verbal Complaints: If an employee’s complaint is made orally to one of the designated
individuals or entities listed above, or to an immediate supervisor or manager, the person
receiving the complaint should immediately document the allegations. The
Discrimination/Harassment /Retaliation Complaint Form can be used to make a record of the
employee’s allegations. It is recommended, but not necessary, that the employee making the
complaint be asked to review and sign the form upon its completion to confirm the accuracy
of the information.
NOTE: Even if individuals complaining about alleged discrimination, harassment, or retaliation
state that they “just want some advice” or “don’t want any action taken,” those receiving the
complaint should advise them that they are obligated to record the information and inform the
necessary individuals (e.g.,for example, the Appointing Authority and Employee Relations) so
that the County can take appropriate action can be taken.
3. Supervisors and managers exercise authority on behalf of the County and must ensure that
their workplace is free of discrimination, harassment, and retaliation. To that end, tThey must
take each complaint seriously and immediately report any observed or learned violations of
this Policy. Supervisors and managers must notifyto the Appointing Authority, the County’s
Director of Human Resources Director, Employee Relations, or Department Human
Resources of any complaints received or any observed potential harassment, discrimination,
or retaliation and forward any and all corresponding documentation. A cCopyies of anythe
complaint forms and supporting information must be provided to Employee Relations. Failure
to follow this Policy may lead to discipline, up to and including termination.
B. INVESTIGATION PROCEDURE
1. Upon receipt of a complaint, a prompt and thorough investigation to the extent appropriate will
be conducted. Depending on the nature of the complaint, the investigation may be conducted
by Employee Relations, designated individuals within the department of the complainant, or
through a joint effort between the complainant’s department and Employee Relations. Every
effort will be made to address the complaint at the lowest possible level depending upon the
nature of the complaint.
2. Employees who have filed a complaint should not be relocated, reassigned, or transferred
under any circumstances, even if the complainant requests the transfer, without first
consulting Employee Relations or legal counsel. In some cases, the Appointing Authority may
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Policy Title: Policy Number: HR2406
PROHIBITION AGAINST DISCRIMINATION,
08-21-
HARASSMENT, AND RETALIATION Current Adoption Date: 20195
choose to temporarily transfer or remove an employee who is alleged to have engaged in
discriminatory, harassing, or retaliatory behavior from the workplace during the period of time
necessary to complete the investigation.
3. Every employee has an obligation to provide information or other assistance that may be
needed in order to ensure that a prompt, complete, and fair investigation is conducted. Failure
of an employee to cooperate in an investigation may lead to discipline, up to and including
termination. After the investigation, a verbal or written report will be provided by the
investigator(s) to the appropriate Appointing Authority who will decide the appropriate action.
The Appointing Authority may consult with the investigator(s) and legal counsel prior to
finalizing any decision.
C. CONFIDENTIALITY
Complaints under this Policy will be handled with confidentiality, to the greatest extent permitted
by law. While the investigation is underway, a limited number of individuals will be given
information regarding the complaint which may include the Appointing Authority, the County’s
Human Resources Director, Employee Relations, Department Human Resources, legal counsel,
departmental staff members involved in the investigation process, or those members of
management involved in any disciplinary decision following the investigation.
Employees who are interviewed as part of an investigation must keep the discussions
confidential while the investigation is pending and may be subject to disciplinary action, up to
and including termination, for revealing information.
Investigation and disciplinary records will be maintained by the County and may be subject to
disclosure under applicable Arizona and federal law.
Revision History
Version Revision Date Description of Revision
1 07-1998 Initial version
2 01-2002 Removed language regarding disciplinary action for complaints made in good faith.
3 05-20-2015 Update definitions and language consistent with Merit System Resolution update and laws.
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Policy Title: Policy Number: HR2406
PROHIBITION AGAINST DISCRIMINATION,
08-21-
HARASSMENT, AND RETALIATION Current Adoption Date:
20195
(C-31-15-037-6-00)
4 08-21-2019 Updated format consistent with policy format and removed reference to a policy that no
longer exists. (C-31-15-037-6-01)
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