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MARICOPA COUNTY INTERNAL POLICY Policy Number: HR2406 Policy Title: PROHIBITION AGAINST DISCRIMINATION, Current Adoption x-x-xxxx Date: HARASSMENT, AND RETALIATION Current x-x-xxxx Implementation Date: Board Agenda Approved by: Number: BOARD OF SUPERVISORS Original Adoption 07-1998 Date: 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. This Policy outlines a complaint and investigation procedure for employees who believe they have witnessed or been subjected to harassment, discrimination, and/or retaliation. 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 policy. II. APPLICATION This Policy applies to employees and volunteers of all appointed departments and Maricopa County Special Districts. This Policy shall apply to County elected officials unless the County elected official has implemented a policy prohibiting discrimination, harassment and retaliation specific to their respective Office. III. DEFINITIONS A. Appointing Authority: An elected official, the single administrative or executive head of a Department/Special District, or the designated representative authorized to act in this capacity. Policy Title: Policy Number: HR2406 PROHIBITION AGAINST DISCRIMINATION, HARASSMENT, AND RETALIATION Current Adoption xx-xx-xxxx Date: 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. 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, that is offensive, that 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: An employee’s good faith expressed opposition to an employer’s practice that they have a reasonable belief to be discrimination; such as, complaining of alleged discrimination or harassment against oneself or another, or filing a charge of discrimination. Protected Activity may also include exercising legal rights, such as requesting a reasonable accommodation based on religion or disability, requesting leave under the Family 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 adverse treatment or adverse action because the employee engaged in a Protected Activity. IV. POLICY A. Each employee, supervisor, manager, and Appointing Authority/elected official is responsible for actively promoting the establishment and maintenance of a professional workplace, free from discrimination, harassment and retaliation. 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 toward any complainant, witness, or other employee, applicant or other individual complying with this Policy or Page 2 of 6 Policy Title: Policy Number: HR2406 PROHIBITION AGAINST DISCRIMINATION, HARASSMENT, AND RETALIATION Current Adoption xx-xx-xxxx Date: involved in an investigation undertaken pursuant to this Policy is strictly prohibited. B. Supervisors and managers shall ensure that all employees are aware of this Policy and the consequences of violating this Policy. Failure by a supervisor or manager to report observed or known harassment, discrimination, or retaliation is grounds for disciplinary action, up to and including termination. C. 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 conduct. Certain behaviors that do not fit the definition of discrimination, harassment or retaliation under this Policy may be unprofessional and inappropriate in the workplace and may also be prohibited by Policy HR2421, Professional Conduct and/or other policies and procedures 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 Policy HR2405, Employee Workplace Concerns. D. The following are examples of conduct that could rise to the level of, or lead to discrimination or harassment: 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 their Protected Characteristic. 3. PHYSICAL CONDUCT such as deliberately impeding or blocking movement of another; violating an individual's "personal space;” and 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 or drawings; sexually suggestive objects; making obscene gestures; leering; and 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 gender; age; religion or religious practices or wardrobe; Page 3 of 6 Policy Title: Policy Number: HR2406 PROHIBITION AGAINST DISCRIMINATION, HARASSMENT, AND RETALIATION Current Adoption xx-xx-xxxx Date: an individual’s body, including jokes about a woman’s body during pregnancy; an individual with a disability; or jokes of a sexual nature 6. USING STEREOTYPES OR ASSUMPTIONS about people based on a Protected Characteristic. 7. USING TECHNOLOGY such as Facebook, Twitter, texting, email, and voicemail 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. Discipline for violations of this Policy should be implemented to stop and prevent discrimination, harassment, and retaliation. Depending upon the severity and pervasiveness of the behavior, the Appointing Authority will determine the 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. COMPLAINT AND INVESTIGATION PROCEDURES An employee is not required to directly confront the individual believed to be engaging in the 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, and/or retaliation, or who have witnessed what they believe to be discrimination, harassment, or retaliation toward another, should promptly take the following action(s): A. COMPLAINT PROCEDURE 1. Employees are encouraged, but not required, to formalize their complaints in writing using the Maricopa County Discrimination/Harassment/Retaliation Complaint Form so that an investigation can begin promptly based on the written information provided by the complainant. Employees should provide any supporting information (e.g., e-mails, pictures, voicemail messages) with their completed complaint form whenever possible. Page 4 of 6 Policy Title: Policy Number: HR2406 PROHIBITION AGAINST DISCRIMINATION, HARASSMENT, AND RETALIATION Current Adoption xx-xx-xxxx Date: 2. Upon completion, the form should be submitted to one of the following: the Appointing Authority, the County’s Director of Human Resources, 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, and/or retaliation. 3. If an employee’s complaint is made orally to one of the designated individuals or entities listed above, or to their immediate supervisor or manager, the person receiving the complaint should immediately document the employee’s allegations. The Maricopa County 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 an individual complaining about alleged discrimination, harassment and/or retaliation states that they “just want some advice” or “don’t want any action taken,” the person receiving the complaint should advise the complainant that they are obligated to record the information and inform the necessary individuals (for example, the Appointing Authority and Employee Relations) so that the County can take appropriate action. 4. 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, they must take each and every complaint seriously and report any observed or learned violations of this Policy. Supervisors and managers must notify the Appointing Authority, the County’s Director of Human Resources, 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 copy of the complaint 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 Page 5 of 6 Policy Title: Policy Number: HR2406 PROHIBITION AGAINST DISCRIMINATION, HARASSMENT, AND RETALIATION Current Adoption xx-xx-xxxx Date: 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 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, County Human Resources, Employee Relations, Department Human Resources, legal counsel, departmental staff members involved in the investigation process and/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. Page 6 of 6