Part I Sexual Harassment
Part II Americans with Disabilities Act (ADA)
[Adopted 10-27-1992 (P-51)]
Both state and federal law prohibit sexual discrimination in the workplace. The Kent County Levy Court is firmly committed to compliance with these laws. It is essential that all employees be aware of and comply with the law and this Sexual Harassment Policy.
The Levy Court strongly disapproves of sexual or other harassment of employees, and will appropriately discipline any employee whose conduct violates this policy.
Sexual harassment is defined as deliberate or repeated unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature in situations when:
The employee reasonably feels that submission or putting up with such conduct is an expressed or implied term or condition of employment;
The employee reasonably feels that submission to or rejection of such conduct becomes the basis for employment decisions affecting that individual; or
The conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive work environment.
The Kent County Levy Court prohibits its employees from any actions or words which constitute sexual harassment. Violation of this Policy will not be tolerated by Kent County and may result in discipline up to and including immediate termination. If employees have witnessed or feel they have been subject to any harassment of this nature, they must immediately report the harassment to their immediate supervisor or, if the complaint involves the employee's immediate supervisor, to the Personnel Director or department manager.
The Personnel Director or designee with assistance from the department manager or immediate supervisor will immediately investigate complaints and take the appropriate action that may be necessary. Employees who register complaints or make reports of harassment may request that their complaints or reports be made in confidence.
The employee should directly report the behavior (preferably in writing) to the Personnel Director, department manager or immediate supervisor within three working days of the offense. If not directly reported to the Personnel Director, he/she must be immediately advised a complaint has been received.
Editor's Note: The Sexual Harassment Complaint Form is on file in the County offices.
Upon request, the person making the report shall give all pertinent relative facts of names, places, times, words or actions that were found offensive.
Within three working days of the complaint, the person against whom the complaint is made will be counseled privately to determine his or her perspective.
Based upon the report, the investigator shall, within a reasonable time, determine whether the conduct of the person against whom the complaint has been made constitutes sexual harassment. This determination will be made by examining the entire record and totality of circumstances on a case-by-case basis. If the investigator determines that the complaint is founded, he or she will take immediate and appropriate disciplinary action or make recommendation to the supervisor that has the authority to take immediate and appropriate disciplinary action. The discipline and appeal process according to the Kent County Code will be followed.
Disciplinary action will include remedies up to and including termination.
The Personnel Director or designee with assistance from the department manager or immediate supervisor will conduct follow-up interviews with the complainant and the accused to inform them of the results of the investigation and the corrective action to be taken.
All information regarding each case shall be held in the strictest confidence. Violation of this confidence will be subject to separate disciplinary action.
[Adopted 6-25-2013 (P13-03)]
This Policy affirms the County's commitment to follow state and federal laws that prohibit discrimination based on disability, to include people with disabilities in all aspects of employment, and to assure that disabled persons can fully participate in all programs, services, and activities offered by Kent County.
People with disabilities who otherwise qualify shall not be discriminated against in any areas of employment, including, but not limited to, job application and compensation procedures, fringe benefits available by virtue of employment, and, to the extent possible, activities sponsored by the County.
Persons with disabilities shall not be limited, segregated, or classified in a way that adversely affects their employment opportunities or status.
The County shall not knowingly participate in a contractual or other arrangement or relationship that would subject qualified applicants or employees with disabilities to discrimination prohibited by the ADA.
The County will make reasonable accommodations to the known physical or mental limitations of an otherwise qualified applicant or employee with a disability, unless the accommodation would impose an undue burden on the County. After a qualified individual requests reasonable accommodation, the County will make every reasonable effort to determine and provide the appropriate accommodation.
The County will not coerce, intimidate, threaten, harass, or interfere with any individual exercising or enjoying his or her right under Title I of the ADA or because an individual aided or encouraged any other individual in the exercise of rights granted or protected by Title I of the ADA.
Any person with a disability who believes he or she has been discriminated against by an employee and/or a program sponsored by Kent County should contact the Personnel Director, who serves as the County's ADA Coordinator. Employees can file a complaint with the Personnel Director, the State Human Relations Commission, the federal Equal Employment Opportunity Commission (EEOC), or file suit in federal court. Disabled persons or potential employees may report the complaint to the ADA Coordinator, the State Human Relations Commission, or the federal Equal Employment Opportunity Commission (EEOC). Current employees are encouraged to seek resolution of all perceived actions of discrimination by contacting the Personnel Director, or, in his/her absence or implication, the County Administrator. All such complaints will be promptly investigated.
All County employees are directed to comply with this policy regarding the ADA, and failure to do so can result in disciplinary action, up to and including termination.