HomeMy WebLinkAboutAnti-Discrimination and Harassment Policy 2025-01-29 Effective: January 29, 2025
®F �� ANTI-DISCRIMINATION
AND HARASSMENT POLICY
BACKGROUND
Under federal and state civil rights laws, employers are prohibited from
eking any employment decision on the basis of an individul's
membership in a protected class. Harassment is a form of illegal
discrimination under state and federal civil rights laws if it is based on any
protected class.
SCOPE
This Anti-Discrimination and Harassment Policy ("Policy") supersedes all
previously issued County of awai'i ("County") policies relative to this
subject matter and applies to all County employees, vendors and
suppliers and their agents, as well as non-employees who use County
programs and services, and other persons who interact with the County.
This Policy also applies when prohibited conduct occurs outside of the
workplace or work hours and negatively impacts the workplace.
The Department of Human Resources is responsible for promulgating and
implementing procedures to enforce this Policy.
POLICY STATEMENT
The County is an Equal Opportunity Provider and Employer. The County is
committed to a policy of non-discrimination. The County affirms the right
of all employees to work in an environment that is free of harassment,
intimidation, and bias.
The County also affirms the right of all other persons to be free from
discrimination and harassment when receiving services from the County,
participating in County programs, and using County facilities.
The County prohibits discrimination and harassment of any employee, job
applicant, or non-employee by any manager, supervisor, employee,
customer, vendor, supplier, or agent on the basis of sex, pregnancy,
lactation (brea see ding), race, ancestry, color, national origin, religion,
disability, genetic information, age, marital status, familial status, military
service, veteran's status, sexual orientation, gender identity, gender
expression, victim of domestic or sexual violence status (including those
who have a minor child who is a victim of domestic or sexual violence),
arrest and court record', or any other classification protected by state or
federal law (i.e., "protected class").
Employees who violate this Policy will face immediate and appropriate
disciplinary action, up to and including discharge. If applicable, any
disciplinary action shall be based on just and proper cause, and the
collective bargaining agreement covering the offending employee.
When non-employees are found to have engaged in harassment of
employees or others using County services or programs, the County shall
take appropriate action to stop the harassment.
PROHIBITED CONDUCT
I. Discrimination
Discrimination is prohibited. Discrimination is an act which either denies or
confers privileges on the basis of a person's membership in a protected
class. Decisions regarding employment, including recruitment, hiring,
placement, training, promotion, compensation, benefits, transfers, layoffs,
discipline, discharge, etc., must be based on valid, non-discriminatory
business reasons. Employment actions and the terms and conditions of
employment must not be based on a protected class.
Similarly, decisions regarding a non-employee's participation in County
programs, receipt of County services, or access to facilities must not be
based on a protected class.
Il. Harassment
Harassment is prohibited. Harassment is a course of unwelcome conduct,
based on a protected class, which is annoying, humiliating, or hurtful to a
I Pursuant to state law, the County may consider an individual's criminal history for
employment purposes under certain circumstances.
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person or group of persons. Harassment is usually behavior that is
repeated over time; however, some acts are so severe in nature that they
only need to occur once or twice to constitute harassment.
Ill. Unwelcome Conduct
Conduct is considered unwelcome when a reasonable person, who
experiences the conduct, believes it to be offensive. In determining
whether the alleged conduct constitutes harassment, an officer,
employee, investigator, or team investigating a complaint of harassment
shall use the "reasonable person of the same protected class in the
victim's position" standard. Under the standard, harassment shall be
deemed to have occurred if the alleged offender's conduct would be
considered harassment from the perspective of a reasonable person of
the victim's protected class, in the victim's position.
Conduct is also considered unwelcome when the recipient tells the
offender, either directly or indirectly, that such conduct is unwelcome.
The intended recipient or an unintended bystander who witnesses the
conduct may file a complaint of harassment.
IV. Sexual Harassment
Sexual harassment is prohibited. Employees, vendors, suppliers, agents,
etc. of the County and non-employees who direct unwelcome sexual
advances, requests for sexual favors, or other sexually based conduct
towards any employee or non-employee are engaging in sexual
harassment and are in violation of the Policy.
In determining whether the alleged conduct constitutes sexual
harassment, an officer, employee, investigator, or team investigating a
complaint of sexual harassment shall use the "reasonable person of the
same protected class in the victim's position" standard. Under the
standard, sexual harassment shall be deemed to have occurred if the
alleged offender's conduct would be considered sexual harassment from
the perspective of a reasonable person of the victim's protected class, in
the victim's position.
Sexual harassment also includes, but is not limited to:
A. unnecessary or unwanted physical contact of a sexual nature
such as patting, pinching, grabbing, rubbing, and
intentionally brushing up against another person's body.
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B. verbal conduct in oral, written, or electronic format, such as
unwanted sexual advances, propositions, sexually based
verbal abuse, graphic sexual descriptions of a person's body,
sexually degrading language, communicating jokes with
sexual conduct, remarks of a sexual nature.
C. non—verbal conduct such as display of sexually suggestive
objects, pictures, or photographs in the workplace in actual
or electronic format, prolonged staring at a person's body or
body parts, wolf whistles, and sexual gestures.
Inappropriate sexual conduct becomes sexual harassment when:
A. it is unwelcome and interferes with a person's work
environment or use of County services, programs or facilities.
B. it creates a hostile environment for employees or non-
employees.
C. an employee's submission to or rejection of a manager or
supervisor's sexual advance is a basis for personnel decisions
(discharge, disciplinary action, demotion, promotion, etc.).
D. submission to a sexual advance is a condition for keeping a
job or other benefit, whether expressed directly or implied.
E. a non-employee's submission to or rejection of a County
employee's sexual advance is a basis for decisions regarding
use of County services, programs, or facilities.
Sexual harassment may occur between persons of the opposite sex or the
same sex.
V. Other Forms of Harassment
Conduct which denigrates, mocks, or otherwise insults a person or group
of persons on the basis of a protected class is prohibited. This includes
jokes, slurs, graphic images or other offensive commentary in written,
verbal, or electronic formats.
Conduct which directly or indirectly alters the terms and conditions of
employment or provision of County services based on a person's
membership in, or participation in conduct related to, a protected class is
prohibited. Examples of this include, but is not limited to, a supervisor
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pressuring a gay employee to attend a religious service or socialize with
members of the opposite sex, an employee refusing to speak to a co-
worker with a different (or no) religious affiliation, or employees making fun
of a non-employee with an intellectual disability.
Harassment in electronic formats is prohibited and includes, but is not
limited to, offensive commentary using e-mails, text messages, social
networking, and microblogging sites, in addition to accessing and
displaying websites with content that violates this Policy. Employees may
be found to have engaged in harassment if they e-mail, text, or post
content which violates the Policy on social networking or microblogging
sites using personal equipment, outside of work, and while they are off
duty.
VI. Retaliation
Retaliation is prohibited. Retaliation occurs when there is an adverse
action taken in response to or in an attempt to prevent a person from
engaging in protected activity and there is a causal link between the
protected activity and the adverse action. Protected activity includes,
for example, filing a complaint, participating in an investigation,
requesting a reasonable accommodation or modification, and engaging
in any other protected activity under federal or state civil rights.
COMPLAINT AND INVESTIGATION PROCEDURES
Anyone who observes or experiences conduct prohibited under this Policy
is encouraged to report the matter immediately to a supervisor, manager,
department head, or the Equal Opportunity Officer (EOO) in the
Department of Human Resources. All complaints alleging discrimination,
harassment, or retaliation shall be investigated in accordance with the
Anti-Discrimination and Harassment Procedures.
Complaints about discrimination, harassment, or retaliation may also be
filed with appropriate state or federal agencies. Filing a complaint with
the County is encouraged. However, you may file a complaint with the
agencies listed below at any time, without first going through the County's
internal process:
The Hawai'i Civil Rights Commission (HCRC)
830 Punchbowl St., Room 411
Honolulu, HI 96813
Telephone: (808) 586-8636
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E retail:
...........................................................................................................................................................................................
The Federal Equal Employment Opportunity Commission (EEOC)
300 Ala Moana Blvd, Room 7-127
P.O. Box 50082 Honolulu, HI 96850
Telephone: 1-800-669-4000
Email: info@eeoc.aov
These agencies have time limitations for filing complaints. Persons wishing
to file complaints should contact the agency to obtain information on its
respective procedures and filing deadlines.
LIMITED CONFIDENTIALITY
The County is required to act when it receives a complaint about
discrimination, harassment, or retaliation that allegedly violates this Policy.
Dissemination of information related to a complaint or investigation shall
be on a need-to-know basis.
REQUESTS OR REASONABLE ACCOMMODATION
Employees who wish to request reasonable accommodations on the basis
of disability shall follow the Procedures for Providing Reasonable
Accommodation for Individuals with Disabilities.
Employees may also request reasonable accommodations on the basis of
pregnancy, lactation, religion, gender identity, gender expression, and
domestic or sexual violence victim status. Employees wishing to request
accommodations of this type may obtain more information from their
department's human resources representative or the Equal Opportunity
Officer in the Department of Human Resources.
EDUCATION AND TRAINING
All County officers and employees must receive a copy of the Policy and
acknowledge receipt of the Policy. The Policy shall be posted in areas
common toemployees, on the Intranet, and on the County's website.
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The County shall provide training to ensure that alle loyees understand
their rights and obligations it respect to this Policy. Departments must
ensure that employees attend mandatory Anti-Discrimination an
Harassment training and refresher training from i e®to®ti e.
Approved:
may..
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County of Hawai"i
Amended: March 1, 2015
February 8, 2012
February 9, 2010
October 17, 2007
April 13, 2007
Policy Issued: October 1, 2005
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