2012 Affirmative Action Plan
For The County of Genesee

Adopted by: The Genesee County Legislature
Date: January 24, 2001

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Preface

Genesee County is situated in Western New York, approximately equidistant from the large urban centers in Erie County to the West and Monroe County to the East.  The county is roughly rectangular in configuration and occupies a physical space of about 500 square miles.  Centrally located within the county, the City of Batavia serves as the county seat and contains the highest concentration of population.  While essentially rural in character, Genesee County is home to a variety of manufacturing enterprises, and in recent years has developed resources in the field of tourism and recreation.

The total population of Genesee County as determined by the 1990 census is 60,060.  51% of the total population is female, 49% is male.  There has been a slight increase (1.1%) in population since the 1980 census, but generally the population has remained stable.

The racial composition of Genesee County in 1990 was 96.5% (57,937) white, 1.8% (1,065) black, 1.1% (683) American Indian, and .8% (451) Hispanic and .4% (211) Asian.  Although small in absolute figures, the percentage of Native Americans within Genesee County is larger than many other rural areas due to the presence of the Tonawanda Indian Reservation.

According to the 1990 census data regarding the County's total labor force of 30,489, 45.2% (13,778) of the employed civilian work force is female, 1.5% (470) is black, 1.3% (399) is American Indian, .5% (159) is Hispanic and .3% (91) is Asian.

Additionally, according to the last EEO-4 Report and work force analysis of Genesee County's 856 employees, it was reported that 65.5% (561) is female, 1.4% (12) is black, .8% (7) is American Indian, .2% (2) is Hispanic, and .6% (5) is Asian.

As of July 1999 the total number of Veterans' population in the County was 5,740.  Out of the 856 Genesee County Government employees 6.8% (59) are Veterans.

Note: At the time of Legislative approval of this document, 2000 census figures were unavailable.

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Statement of Policy on Equal Employment Opportunity

It is the policy of Genesee County to provide for and promote equal opportunity in employment for all qualified individuals without regard to age, race, color, religion, gender, creed, national origin, physical or mental disability, marital status, Veteran status, disabled Veteran status, or status as a member of any other protected group or activity.  This policy governs all aspects of employment, including selection, job assignment, compensation, discipline, termination, and access to benefits and training.

Genesee County is committed to assuring that it will act affirmatively to develop avenues of entry and mobility for minorities, women, qualified individuals with disabilities, and Veterans through continued development and implementation of:

• Programmatic approaches to ensure that no unjust exclusionary employment practices, policies and consequences exist.

• Educational and training programs for all employees.

• Personnel practices, policies, and career ladders to assist and encourage upward mobility of employees.

• Mechanisms for swift and judicious resolution of any alleged discrimination, harassment or other conduct inconsistent with our policy and any other legal statutes.

To effectuate this policy, a plan has been designed which conforms with all relevant Federal and State nondiscrimination and affirmative action regulations including but not limited to:  The Americans with Disabilities Act, the Civil Rights Act of 1964 as amended, the Rehabilitation Act of 1973, the Vietnam Era Veteran's Readjustment Act of 1974, the New York State Human Rights Law and Governor's Executive Order #6.  This plan applies equally to all job classifications and titles, and all types of appointments.  It governs all employment practices, policies, and actions including but not limited to:  recruitment, employment, disciplinary actions, rate of pay or other compensation, advancement, reclassification, reallocation, promotion, demotion, and all employee benefits.

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Responsibility for Implementation

The Genesee County Legislature appointed the County Human Resources Director as its Affirmative Action Officer (AAO) and he/she is responsible for the day-to-day implementation of necessary programs and policies as outlined in the County's Affirmative Action Plan.  All managers, supervisors, and employees must make consistent diligent efforts to implement the County's policy in day-to-day program and employment decisions.  Moreover, the County expects each contractor, supplier, union, public agency or other cooperative agent to support this policy by complying with all applicable State and Federal Equal Employment Opportunity laws and regulations.

The AAO is responsible for developing and coordinating the Equal Employment Opportunity Program for Genesee County government as an employer.  His or her duties include but are not limited to:

• Determining the causes of disparate treatment or effect, as well as work force under-utilization or over concentration.

• Developing new or revised programs or procedures to eliminate real or perceived problems in such areas as recruitment, job qualifications, job interview standards and techniques, job progression, upward mobility, and other employment and personnel procedures and programs.

• Researching the constantly changing requirements of Federal, State and local Civil Rights and Equal Employment Opportunity/Affirmative Action laws, court cases, and regulations that affect Genesee County, and ensuring that the County's employment policies and practices conform with such requirements.

• Assisting department heads and other appointing authorities in any manner necessary to further the County's Affirmative Action Program.  This includes, but is not limited to, recruitment for job openings, administration of training programs, and creation of career ladders to promote upward mobility.

Each County department head is responsible for devoting his or her best efforts to ensuring that the Affirmative Action Plan and its objectives are successfully implemented within his/her department.

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Dissemination of Information

While Genesee County realizes the importance of adopting an equal employment opportunity policy and an affirmative action program, the County also recognizes that the participation of appointing officials, program managers, as well as present and prospective employees and program beneficiaries is crucial to the successful implementation of the policy.  Therefore, the County will use the following methods to disseminate its plan:

Internally:

• Department heads will receive a copy of the Genesee County Affirmative Action Plan on an annual basis.  Upon receipt, each department head must sign an acknowledgment form and statement of understanding, and return these documents to the Genesee County Human Resources Office.

• Employees will receive a copy of the Genesee County Affirmative Action Plan on an annual basis.  Upon receipt, each employee must sign an acknowledgment form and statement of understanding, and return these documents to the Genesee County Human Resources Office.

• Presidents of all Collective Bargaining Units will receive a copy of the Genesee County Affirmative Action Plan on an annual basis.

• Copies of the Genesee County Affirmative Action Plan will be posted on the bulletin board outside the Human Resources Office, and on general information bulletin boards within each department throughout the County.

• The Genesee County Affirmative Action Plan will be posted on the Human Resources Office web page at www.co.genesee.ny.us.  

• The County will periodically inform employees and prospective employees of its commitment to engage in affirmative action to increase employment opportunities for qualified women, minorities, individuals with disabilities, disabled veterans and veterans of the Vietnam era.

• The County will periodically publicize its equal employment opportunity policy in the County's newsletter and other communications.

• The County will conduct special meetings with administrative and supervisory personnel to explain the intent of the policy and individual responsibility for effective implementation.

• The County will discuss the policy thoroughly in both employee orientation and management programs.

• Equal Opportunity Employment posters will be posted on general information bulletin boards throughout the County Government offices.

Externally:

• Job application forms, examination announcements, and classified advertisements will indicate that the County is an Equal Opportunity Employer.

• Bid announcements and purchase orders will carry the Equal Employment Opportunity statement.  The County will send written notification of its policy to all subcontractors, vendors and suppliers, requesting appropriate action on their part.

• The Equal Employment Opportunity/Affirmative Action Policy will be made available for review by the public and the news media.

• Equal Employment Opportunity/Affirmative Action Policy will be made available for review by any organization, college, and community group interested in encouraging equal employment opportunities for women, minorities, and persons with disabilities.

• The County will enlist the assistance and support of recruiting sources such as:

  • The local veterans employment representative or his or her designee in the State Employment Service office nearest the County, and other offices of national and local veterans groups active in the County.

  • Organizations who are likely to assist the County in identifying qualified individuals with disabilities for consideration in filling any vacancies which may arise.

  • Other organizations or agencies likely to refer qualified women, minorities, individuals with disabilities, disabled veterans and veterans of the Vietnam area for consideration in filling any vacancies which may arise.

• The County will include women, minorities and disabled workers when employees are pictured in public announcements, posters, promotions or help-wanted advertising.

Feedback:

• Annually, procedures will be utilized to obtain information from employees, advocacy groups and consumers of the County's services about the effectiveness and the need for improvement of the County's Affirmative Action Program.
• In 2001, when this plan is distributed, feedback from employees will be encouraged by including a question/answer section on the employee acknowledgment form.

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Goals

The primary goal of Genesee County's Affirmative Action Plan is to ensure equality of employment opportunity to all qualified individuals without regard to age, race, color, religion, gender, creed, national origin, physical or mental disability, martial status, veteran status, disabled veteran status or status as a member of any other protected group or activity.  In order to make this guarantee, the Affirmative Action Officer reviews all personnel policies, practices, and procedures in order to correct any deficiencies in the employment system which may have inhibiting effects in achieving equal employment opportunity for all employees and applicants.  Every year, each department shall do a self evaluation in order to develop and implement Affirmative Action steps to meet and overcome any artificial barriers and obstacles to the employment of minorities, women, qualified individuals with disabilities, disabled veterans and veterans of the Vietnam era.

The County's Affirmative Action goals are goals in the truest sense of the word.  They represent the County's good faith effort to set achievable employment objectives within an established time frame.  They are not, nor should they be viewed as "quotas," since they are not fixed hiring rates ordered or approved by a court to remedy unlawful discrimination.

In 1992, the County Legislature appointed an Affirmative Action Advisory Committee to serve as an advisory group to the Legislature through the Human Resources Director/Affirmative Action Officer.  Since that time, efforts have been made to have representation of all protected classes on the committee.  Where necessary, representatives may be appointed from external advocacy groups.  Representatives from bargaining units shall also be included.  Periodic training is provided to committee members to increase their effectiveness.  The committee's responsibilities shall include:

• Assisting in the dissemination of Affirmative Action information.

• Developing specific recommendations concerning the County's Affirmative Action Program.

• Assisting in identifying areas where the program is not responsive to the needs of protected class employees.

• Assisting in identifying and expanding recruitment sources to attract a broader field of applicants.

• Monitoring employee complaints.

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Recruitment

Recruitment is the heart of any effort to ensure equal employment opportunity for all.  To achieve effective and fair recruitment, the following objectives will be addressed on an ongoing basis:

• Recruitment procedures are reviewed continuously and analyzed to identify and remove artificial barriers and discriminatory effects.  As a result of this ongoing review, the residency requirement for employment in Genesee County was reduced from three (3) months to two (2) months. In those instances where recruitment is difficult, this residency requirement is waived, and applications are accepted from outside the County.

• Recruitment solely by "word of mouth" or "walk ins" is to be avoided because it does not result in the broadest possible field of qualified applicants.

• Civil Service Exam Announcements are sent to a large number of agencies and organizations to include the widest range of diversity as possible.  Announcements are also on the county’s web site, and can be found at www.co.genesee.ny.us.

• Emphasis is placed upon Genesee County's policy of hiring applicants based upon merit, and our interest in referrals of minorities, women, disabled and veteran candidates for all jobs.

• Job and Exam Announcements should be easy to read and understand.  Application completion assistance will be provided, where requested and appropriate.

• The application for examination or employment utilized by Genesee County contains the phrase:  "It is the policy of the Genesee County Human Resources Office to provide accommodations in testing to individuals with disabilities and religious observers, and to provide for and promote equal opportunity in employment, compensation and other terms of employment without regard to age, race, color, gender, creed, religion, national origin, physical or mental disability, marital status, veteran status, disabled veteran status or status as a member of any other protected group or activity."

• The application for examination or employment utilized by Genesee County also contains the following Personal Information Protection Statement.  "The information which you are providing on this application is being requested pursuant to 50.3 of the New York State Civil Service Law for the purpose of determining the eligibility of applicants to participate in an examination or position applied for.  The information will be made available only to those who have a "need to know", and will not be released to anyone else other than the applicant unless he/she has signed an appropriate release of information authorization.  A candidate's failure to provide this information may result in the disapproval of the application.  This information will be maintained by the Genesee County Human Resources Director."

• All job and exam announcements and advertising will include the phrase, "Genesee County is an Equal Opportunity Employer".

• Genesee County's Human Resources Director/Affirmative Action Officer is available to assist department heads and other appointing officers in any of these procedures.

• The County encourages department heads to offer internships to college students.

Recruitment Goal:

• Participation in the Genesee Community College Job Fair in 2001.

• Review and modification of mailing list for notification of upcoming examinations in 2001.

• Participation in a regional job fair, if any, sponsored by minority and/or women's groups.

• Advertise Genesee County examination announcements and place job specifications and job application forms on the county’s web page at  www.co.genesee.ny.us.

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Selection

The selection process is the crux of the Equal Employment Opportunity/Affirmative Action Plan.  The affirmative steps set forth in this Plan are intended to reinforce and ensure fair, equitable, lawful and job-related hiring standards and procedures.

It is Genesee County Government's policy to select employees based upon ability to perform the duties and responsibilities of the particular job in question, not the unrelated factors of age, race, color, religion, gender, creed, national origin, physical or mental disability, marital status, veteran status, disabled veteran status or status as a member of any other protected group or activity.  Therefore:

• Selection procedures are to be reviewed on an ongoing basis, to eliminate artificial barriers which may inhibit the employment and upward mobility of minorities, women, persons with a handicapping condition, the aged and other disadvantaged persons.

• All application forms, job interviews, questions and other selection criteria are to be job related, nondiscriminatory and in compliance with the New York State Division of Human Rights Rulings on Inquiries.

• All pre-employment questions must be necessary to measure job performance in order to be asked.  Pre-employment information must be obtained in a nondiscriminatory manner.  (i.e. test questions, and applications must be the same for all candidates or applicants.)

• The County exam/employment application form is frequently reviewed, and revised as necessary, to ensure that information required is strictly job related.

• A medical examination will not be required until a conditional offer of employment has been made.  Any such exam must be administered equally to all entering employees within the same job category.

• Job specifications are written to identify the essential job functions, and the minimum education and experience requirements.  No minimum qualifications are set for employment in a Genesee County position until the Human Resources Director has conducted a study of the job duties and responsibilities.  An important principle followed is that qualifications are set at a level which ensures minimum competence and ability to perform the duties of the job, and also avoids artificial barriers to the employment of minorities, women, the disabled, the aged, veterans, or other disadvantaged persons.

• All Civil Service tests are written by and validated to be job related by the New York State Department of Civil Service.

• All persons involved in job interviewing and selection are to use objective, job related selection standards and to support the Genesee County Affirmative Action Policy.

• Department heads, will continue to assist the Affirmative Action Officer in establishing and utilizing proper nondiscriminatory selection and pre-employment procedures.

• Where appropriate, referral to Section 55-a of the New York State Civil Service Law which allows for the placement in the Non-Competitive class of certain jobs when they are filled with persons certified by the State as disabled.

Selection Goal:

• Ongoing training will occur for all personnel involved in the interview and selection process to ensure execution of proper interview techniques.

• Prior to the end of 2001, all job specifications will be ADA specific.

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Training

The County of Genesee, encourages employees to improve their skills and thereby increase their opportunities for promotion and advancement.  To assist employees, the County has developed a tuition reimbursement program for job related courses, and a space available program for those employees who wish to matriculate at Genesee Community College in an area of study other than work related.  Genesee Community College and Genesee Wyoming Board of Cooperative Educational Services offer many training programs for all classes of employees.

The County, in cooperation with GCC and the CSEA General Unit, also offers a Volunteer Service Tuition Program that awards tuition waivers to spouses and dependents of employees in return for employee volunteer service to the community.

Department heads are encouraged to provide departmental specific training for employees, and employees are given time off from work, without loss of pay, to attend such programs.

A management training committee has also been established to facilitate training seminars for managerial personnel.  This committee meets monthly, reviews proposals, develops agreements and implements training in various areas pertinent to managerial personnel development.

Training goal:

• Prior to the end of 2001, all newly hired managerial personnel who have not attended the Core Management Training Course will be scheduled to attend.

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Reasonable Accommodation

"Reasonable accommodation" is an important element in making employment a reality for qualified individuals with disabilities.  The County requires all departments to reasonably accommodate the known physical and mental limitations of candidates and employees whenever necessary to permit the individual to perform the essential functions of the job in question so long as the accommodation does not impose an undue burden.  This is to include the provision of assistance in test administration, as well as, when necessary, the acquisition, modification, redesign or relocation of equipment, furniture, partitions, etc.; or where necessary and feasible, job adaptation.

Program Accessibility

It is the intent of Genesee County Government that all departments make all programs accessible to the disabled, and when necessary provide assistance in test administration and the completion of forms, applications, as well as reasonable accommodations for both candidates and employees.

Reasonable Accommodation Goal:

• Prior to the end of 2001, the Genesee County Affirmative Action Advisory Committee will survey the number of handicapped parking spaces at all county facilities, and prepare a written report of its findings and recommendations to the Genesee County Legislature.

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Sexual Discrimination or Harassment

"Sexual harassment in the workplace is not merely an offensive working condition, it is against the law.  Like harassment on the basis of color, race, religion or national origin, sexual harassment which discriminates on the basis of gender is a violation of Section 703 of Title VII of the Civil Rights Act of 1964 as amended and the New York State Human Rights Law."  --New York State Policy Statement on Sexual Harassment in the Workplace--

Discrimination on the basis of sex, including sexual harassment violates both the Civil Rights Act of 1964 and the New York Human Rights Law.

Prohibited behavior, which may be either physical or verbal, is defined by the EEOC's guidelines as "unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature" when:

1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment.

2. Submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting such individual.

3. Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.

An essential part of Genesee County's commitment to Affirmative Action/Equal Opportunity Employment is to maintain a working environment in which employees are able to work without physical or verbal harassment of any kind.  To formalize this commitment, a formal policy statement regarding Sexual Harassment was first issued on March 14, 1986.  In 1999, the Genesee County Legislature will reaffirm its commitment to equal employment opportunity by adopting and ratifying the County's policy.  Genesee County endeavors to provide all employees with an environment where they can work in security and dignity, and are not required to endure insulting, degrading or exploitative treatment.

Examples of sexual harassment including inappropriate sexual behavior which are prohibited in the workplace include, but are not limited to:

1. Offensive or unwelcome sexual innuendo, suggestive comments, insults, threats, jokes

2. Offensive, suggestive or insulting noises, staring, leering, whistling, or obscene gestures

3. Offensive or unwelcome sexual flirtations, advances, propositions or pressure to engage in sexual activity, whether express or implied

4. Actual or attempted sexual assault or coerced sexual intercourse

5. Unwelcome touching, pinching, cornering, invasion of personal space, massaging or brushing body

6. Graphic, offensive or inappropriate comments about a person's physical appearance or an individual's body

7. Sexual or sexually insulting communications, or public postings, including electronic media, telephone calls and written documents

8. Displaying, viewing, possessing or bringing to the workplace sexually explicit or suggestive magazines, books, videos, TV programs, music, pictures or objects

9. Hiring or promoting sex partners over more qualified persons

10. Any harassing conduct, whether or not sexual in nature, that is directed toward a person because of the person's gender including, but not limited to, hazing employees working in nontraditional work environments

11. Harassing conduct which occurs during non-working hours but is directed at a co-employee, such as harassing phone calls made during non-work hours

Complaint Procedure

Sexual harassment is expressly prohibited and constitutes a form of employee misconduct.  In order to assure that the County remains free of such behavior, complaints of alleged harassment will be investigated in a swift and thorough manner, and appropriate disciplinary actions will be taken, if necessary.

If any employee has been a victim of or has observed sexual harassment in the County workplace from supervisors, fellow employees, members of the public or anyone otherwise connected with the County, he/she should follow the following steps:

An employee who believes that they have been the subject of or has observed sexual harassment including inappropriate sexual conduct shall report the alleged act or acts to any one of the following individuals:

• his/her immediate supervisor (if the supervisor is not involved)
• his/her Department Head
• the County Manager, or
• the County Human Resources Director

All management and supervisory personnel who have received a report of sexual harassment, including inappropriate sexual conduct shall immediately forward a written report to the County Human Resources Director.  The Human Resources Director has been designated by the Legislature as the County's Affirmative Action Officer, and he/she shall make arrangements for the prompt and proper investigation of the report.

Once the Human Resources Director has received the report, he/she shall notify the victim's and the alleged harasser's Department Head that an investigation will occur.

Step 2 
 
The written report should contain the complainant's name, a description of the alleged act, who was involved, including witnesses, where did the alleged act take place, and the date and time of the alleged act.  If the Complainant does not provide this information, the individual who initially receives the report should obtain the relevant details as quickly as possible.  Complaint forms are available from the County Human Resources Director.

Employees who are accused of improper behavior will be given sufficient information about the allegations to provide them a reasonable and fair opportunity to respond before any corrective action or discipline is imposed.  Such employees should not be assumed to have violated the County's Sexual Harassment Policy unless and until the final report of the investigation concludes that they have done so.

Step 3 

The investigation will be conducted by the Human Resources Director/Affirmative Action Officer with due regard for the confidentiality of the parties involved in order to ensure appropriate protection for the complainant and the accused.

The investigation will include, a written record of testimony by both the alleged victim and alleged harasser, and may also include interviews with witnesses, and/or any other relevant information or documents.  The Human Resources Director/Affirmative Action Officer will notify both parties, in writing, of his/her findings once the investigation has been completed.

If the Human Resources Director/Affirmative Action Officer concludes that an individual has violated the County's sexual harassment policy or engaged in other inappropriate conduct, the Human Resources Director will recommend appropriate corrective and/or disciplinary action to the County Manager.

Step 4                 

Upon receipt of the Human Resources Director /Affirmative Action Officer's final report, either the alleged victim or alleged harasser may appeal the Affirmative Action Officer's decision and resultant recommendation, in writing, to the County Manager.  After receiving the final report of the Human Resources Director, the County Manager shall review the report, and any appeal, and make a decision regarding appropriate corrective and/or disciplinary action to stop the objectionable action and prevent its reoccurrence.

Confidentiality:

All reports (complaints), investigations, final reports/recommendations and decisions regarding corrective or disciplinary action shall remain as confidential as possible, and shall be disseminated only to persons having a need to know.

Employees involved in any investigation, whether as a complainant, alleged harasser, witness or investigator, should keep all discussions or communications confidential.

Retaliation Prohibition:

Retaliation of any kind is strictly prohibited and will not be tolerated by Genesee County when it is directed at an employee because he/she has made a report of alleged sexual harassment; has testified against or participated in any manner in an investigation of a report of sexual harassment, or has opposed any practice prohibited by the County's Sexual Harassment Policy.

Examples of prohibited retaliation include, but are not limited to:

1       Failure to hire or promote;
2       Creating false and derogatory performance reports;
3       Imposing unreasonable or onerous work assignments;
4       Withdrawing friendly courtesies, spreading rumors;
5       Demotion, discharge or abolishing position;
6       Further sexual harassment or other inappropriate conduct.

Sexual Harassment Awareness and Prevention Goal:

• Prior to the end of 2001, a Sexual Harassment Prevention training seminar will be scheduled and held for all newly hired employees.

• At the beginning of each new fiscal year, each employee will receive information regarding the County's Sexual Harassment Policy and/or procedures.  Each employee will be required to acknowledge receipt of such information.

• Periodically throughout 2001, additional educational materials regarding sexual harassment will be distributed to Department Heads for their dissemination to employees.

• During new employee orientations, emphasis will be placed upon the County's Sexual Harassment Policy.  Each new employee will receive a copy of the County's policy and indicate by his/her signature receipt of same.

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Other Discrimination or Harassment

Genesee County also prohibits any form of discrimination or harassment on the basis of race, color, religion, creed, national origin, age, mental or physical disability, marital status, veteran status, disabled veteran status or any other protected status.  Such conduct is prohibited regardless of whether it involves verbal or physical contact or otherwise interferes with an individual's work or the working environment.

This policy expressly prohibits uttering slurs, epithets, threats, derogatory comments, joking and teasing on the basis of protected status or activity.  Prohibited conduct also includes verbal harassment (e.g., derogatory or vulgar comments about a person's age, religion, national origin, disability or physical condition), written harassment (e.g., display or distribution of derogatory or vulgar written material) and physical harassment (e.g., physical contact or threats of contact).  Any employee who is found to have engaged in such prohibited conduct is subject to disciplinary action, up to and including termination.

Complaint Procedure:

The purpose of this complaint procedure is to provide a prompt and equitable internal investigation and resolution of allegations of unlawful discrimination based on age, race, color, religion, gender, creed, national origin, physical or mental disability, marital status, Veteran status, or disabled Veteran status or status as a member of any other protected group or activity.

This procedure may be used by any employee of Genesee County.  It is not intended to replace or duplicate existing grievance procedures such as those in the CSEA contracts, the DSA contract, the AFSCME 392 contract, the GCC-ESPA contract, or the Sexual Harassment Procedure.  Nor does it deprive an individual of the right to file a complaint with enforcement agencies external to the County such as the New York State Division of Human Rights, the Equal Employment Opportunity Commission, the Office of Civil Rights, or the Wage and Hour Division of the Department of Labor.  This procedure provides an additional mechanism through which the County may identify, correct, and eliminate incidents of unlawful discrimination in a timely manner.

A complaint should be filed, in writing, with the County Human Resources Director /Affirmative Action Officer within forty-five (45) days of the alleged illegal act of discrimination.  To the extent possible the statement must contain the grievant's name, the date and time of the alleged act, who was involved, including witnesses, where the alleged act took place, and a detailed description of the alleged act.

Step 2       

The Human Resources Director /Affirmative Action Officer, will seek an informal resolution of the grievance.  He/she will assess the relevant information, and conduct an investigation, or assign an investigator.  The investigation shall include but shall not be limited to conducting interviews with both the grievant, the alleged respondent and witnesses, if appropriate.  An attempt will be made to find a resolution.  If a resolution is achieved, written notice will be sent to the grievant and the respondent indicating that agreement has been reached.  Such notice will be signed by the grievant, the respondent and the individual conducting the investigation to formally verify the resolution.

Step 3       

If a resolution is not attained, the individual conducting the investigation of the alleged discrimination, will send the complainant a written notice advising him/her of the failure to reach a resolution.  The notice will include the employee's right to proceed internally and/or externally, and of the appropriate next step if the complainant wishes to pursue the issue.

Step 4       

If the complainant wishes to pursue the complaint further, he/she must notify the Human Resources Director /Affirmative Action Officer within ten (10) calendar days of receiving the Step 3 notification.  Statements by the complainant, the accused, the Human Resources Director /Affirmative Action Officer and/or the investigator shall be forwarded to the County Manager.  In all but exceptional circumstances, failure of the complainant to respond within the designated time limit will be deemed a withdrawal of the complaint.

Step 5       

The County Manager will review all the relevant information, interview witnesses, and other parties involved, if necessary, and submit a written opinion to the complainant and the Human Resources Director /Affirmative Action Officer within fourteen (14) calendar days.  The County Manager may dismiss the complaint for lack of evidence that unlawful discrimination or other inappropriate conduct has occurred.  If unlawful discrimination or other inappropriate conduct is found to have occurred, the County Manager will discuss an appropriate resolution with the complainant and the accused.

Step 6       

If the complainant is dissatisfied with the County Manager's proposed resolution, he/she may file a complaint with the appropriate State or Federal agency.

When a complaint is filed with a State or Federal enforcement agency, or when court action is initiated, this internal grievance procedure need not be used.  Grievances must be filed with EEOC or OCR (Federal Agencies) within 300 days of the alleged violation; complaints must be filed with the Division of Human Rights (State Agency) within 1 year of the alleged violation.

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Affirmative Action Plan Evaluation

The County's Affirmative Action Plan will be reviewed and updated, as necessary,  every  year by the Affirmative Action Advisory Committee.

The annual County EEO-4 Report shall provide the basis for the development of relevant and achievable Affirmative Action Goals which shall incorporate a variety of activities to promote the best and most practical means to eliminate barriers and increase employment opportunities for women, minorities, individuals with disabilities, disabled veterans and veterans of the Vietnam era.

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