4-4 Equal Employment Opportunity Policy & Complaint Procedure -Section III: Policy

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Approved: Board of Supervisors
Authority: Human Resources
Resolution: 16-0333
Revised Date: September 2016

Read next: Section IV: Definitions

1. Nondiscrimination Policy

   The County of Sonoma is committed to the principle that equal employment opportunity in the public service of the County must be afforded to all persons regardless of race, color, ancestry (including language use), national origin, citizenship, possession of a driver’s license issued under Section 12801.9 of the Vehicle Code, religious creed, religious belief or grooming (including dress or grooming practices), sex (which is defined to include gender (including sex stereotyping), and also including a person’s gender identity (i.e. a person’s identification as male, female, a gender different from the person’s sex at birth, or transgender); gender expression (i.e. a person’s gender-related appearance or behavior, whether or not stereo-typically associated with the person’s sex at birth); transgender (i.e. a person whose gender identity differs from the person’s sex at birth); pregnancy or medical conditions related to pregnancy; childbirth or medical conditions related to childbirth; breastfeeding or medical conditions related to breastfeeding; and sexual orientation), marital or domestic partner status, age, medical condition (including, but not limited to cancer, AIDS and HIV), physical or mental disability (the term disabled or disability shall be construed to apply to those individuals covered by Title 2 California Administrative Code, Section 7293.6 (c) et seq. and 42 U.S. Code Section 12102 and the regulations promulgated pursuant to that section), genetic information or characteristics, status as a victim of domestic violence, sexual assault or stalking, military or veteran status, or any other legally protected category, as required by applicable federal and state laws. No person shall suffer discrimination, harassment, or retaliation in his or her employment or with respect to any term or condition of employment by any County employee, manager or supervisor or by any volunteer, vendor, contractor or other third party who may be in the workplace by reason of such person's status in one or more of the protected classifications as enumerated above.

   The County of Sonoma recognizes that equal employment opportunity may be ensured only by a carefully administered and practiced program designed to eliminate any practices, standards or conditions tending to result in discrimination, harassment, or retaliation and by initiating positive efforts in recruitment, examination, selection, promotion, pay and training procedures to extend equal employment opportunities to all qualified persons without limiting, segregating or classifying employees or applicants for employment in any way which would deprive any individual of employment opportunities or otherwise adversely affect his or her status as an employee because of such individual's race, color, ancestry, national origin, religious creed, belief or grooming, sex (including sexual orientation, gender identity, gender expression, transgender, pregnancy, childbirth, and medical conditions related to pregnancy, childbirth or breast feeding), marital status, age, medical condition, physical or mental disability, genetic information, military or veteran status, or any other legally protected category.

2. Equal Employment Opportunity Policy

   The County of Sonoma will take appropriate neutral steps to maximize the employment opportunities of individuals in historically disadvantaged groups whose representation in the County work force is less than could reasonably be expected given their availability in the area labor force.

3. Unlawful Harassment, including Sexual Harassment Policy

   It is the policy of the County of Sonoma to provide for a work environment free from unwelcome harassment resulting from an individual’s status in one or more of the protected classes enumerated in Paragraph A above. This policy includes, but is not limited to, ensuring that the workplace is free from behavior constituting sexual harassment as defined below. This anti-harassment policy applies to all employees, including permanent, probationary, extra help, part-time and temporary employees and volunteers and paid and unpaid interns. Harassment of an individual because of their status in a protected class, including but not limited to sexual harassment, is an unlawful employment practice prohibited by state and federal law. It is also unapproved and unacceptable work behavior that will not be tolerated by the County. County employees, managers, supervisors, contractors, vendors, volunteers, interns and all other third parties who may be in the workplace are expected to adhere to a standard of conduct while on the job or on County property that consists of respect and courtesy towards other employees and persons. All such persons shall under no circumstances engage in behavior which constitutes harassment of an individual because of their status in a protected classification, including but not limited to, sexual harassment. County officials and employees who are found to committed workplace harassment will be subject to firm disciplinary action up to and including termination of employment. Anyone who engages in unlawful workplace harassment may be personally liable for such conduct and will not be entitled to indemnification and defense in those cases in which the Board of Supervisors determines that such conduct falls outside the scope of employment.

   In order to prevent unlawful workplace harassment, management and supervisory employees are responsible for, among other things, informing employees of the County policy and complaint procedure, and promptly reporting all complaints of workplace harassment to the Department Head and the Human Resources Department for investigation. It is also the responsibility of the Department Head to take appropriate disciplinary action if the findings of the investigation indicate workplace harassment has occurred.

4. Retaliation Policy

   The County strictly prohibits any form of retaliation against any applicant or employee who, in good faith, makes a complaint, raises a concern, provides information, or otherwise assists in an investigation, complaint or proceeding related to any alleged violation of this policy. The County is committed to ensuring that all employees feel comfortable in raising issues regarding conduct that violates this policy without fear of retaliation. It also is intended to encourage County employees to cooperate in investigations of alleged violations of this policy by providing honest, truthful, and complete information without fear of retaliation.

5. Prohibited Conduct

   Under no circumstances shall employees engage in behavior which constitutes discrimination or harassment (including, but not limited to sexual harassment) of an individual because of their membership in a protected category or retaliation against an employee who, in good faith, makes a complaint, raises a concern, provides information, or otherwise assists in an EEO investigation, complaint or proceeding related to any alleged violation of this policy. Employees who engage in such conduct may be subject to disciplinary action, up to and including termination of employment.

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