[Adopted 10-27-1992 (P-51)]
A.
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.
B.
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:
A.
The employee reasonably feels that submission or putting up with
such conduct is an expressed or implied term or condition of employment;
B.
The employee reasonably feels that submission to or rejection of
such conduct becomes the basis for employment decisions affecting
that individual; or
C.
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.
A.
The employee should directly report the behavior (preferably in writing[1]) 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.
[1]
Editor's Note: The Sexual Harassment Complaint Form is
on file in the County offices.
B.
Upon request, the person making the report shall give all pertinent
relative facts of names, places, times, words or actions that were
found offensive.
C.
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.
D.
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.
E.
Disciplinary action will include remedies up to and including termination.
F.
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.
G.
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.
A.
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.
B.
Persons with disabilities shall not be limited, segregated, or classified
in a way that adversely affects their employment opportunities or
status.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.