HomeMy WebLinkAboutOCSD 04-25 (REPEALED)RESOLUTION NO. OCSD 04-25
AMENDING RESOLUTION NO. OCSD 98-33
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE
COUNTY SANITATION DISTRICT AMENDING THE HUMAN RESOURCES
POLICIES AND PROCEDURES
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The Board of Directors of the Orange County Sanitation District,
DOES HEREBY RESOLVE, DETERMINE AND ORDER:
Section 1: That Exhibit "A" of Resolution No. OCSD 98-33 is hereby amended by
amending Policy No. 820.00, Non-Discrimination in Employment, set forth in Attachment No. 1,
attached hereto and incorporated herein by reference.
Section 2: That Exhibit "A" of Resolution No. OCSD 98-33 is hereby amended by
amending Policy No. 830.00, Harassment, set forth in Attachment No. 2, attached hereto and
incorporated herein by reference.
Section 3: That Exhibit "A" of Resolution No. OCSD 98-33 is hereby amended by
adding Policy No. 831.00, Anti-Retaliation and Whistleblower, set forth in Attachment No. 3,
attached hereto and incorporated herein by reference.
Section 4: That all other terms and conditions of Resolution No. OCSD 98-33, as
previously recommended, shall remain in full force and effect.
Section 5: That all future amendments to Resolution No. OCSD 98-33 be made by
Resolution.
PASSED AND ADOPTED at a regular meeting held September 22, 2004.
ATTEST:
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Page 1
REPEALED BY
OCSD 15-18
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Policy Number: 820.00
Sanitation District Effective Date: September 22, 2004
October 22, 1997
Subject: NON-DISCRIMINATION IN Supersedes: October 22, 1997
EMPLOYMENT
Approved by: Lisa L. Tomko
1.0 PURPOSE
1.1 The purpose of this policy is to establish uniform guidelines and procedures for maintaining a non-
discriminatory work environment and non-discriminatory employment practices.
2.0 ORGANIZATIONAL UNITS AFFECTED
2.1 This policy applies to all current or potential employees.
3.0 DEFINITIONS
3.1 Harassment for purposes of this policy includes conduct that is so severe and pervasive that it
creates a hostile and abusive working environment, and it interferes with an employee's ability to do
his or her job.
4.0 POLICY
4.1 It is the District policy to maintain non-discriminatory employment practices in accordance with the
procedures of this policy.
4.2 The District is an Equal Opportunity Employer, and does not discriminate against any person in
matters of employment, application for employment, participation in programs and benefits, or in the
application of rules and regulations with regard to race, ancestry, color, religion, national origin, sex,
sexual orientation, age, veteran status, marital status or mental or physical disability or citizenship.
4.3 The District does not tolerate any form of harassment, and is af0 committed to providing a work
environment that is harassment-free. In keeping with that commitment, the District prohibits
harassment based on race, religious creed, color, national origin, ancestry, physical or mental
disability, medical condition, marital status, sex, age (40 years of age or above), sexual orientation,
exercise of rights relating to family care leave, or any other legally protected basis.
5.0 PROCEDURE
5.1 Any employee who believes that he or she has been the victim of discrimination or harassment
prohibited by this policy should immediately report the matter to his or her supervisor or manager, or to
any other supervisor or manager, including the General Manager. All reported incidents of
harassment will be promptly and thoroughly investigated, and appropriate corrective action will be
taken.
6.0 EXCEPTIONS
6.1 Any employee who knowingly files a false and malicious report of discrimination, as opposed to a
complaint which, even if erroneous, is made in good faith; or anyone who fails to report an actual or
perceived form of discrimination as outlined in this policy, maybe the subject of appropriate disciplinary
action, up to and including termination.
Page 1 of2
7.0 PROVISIONS AND CONDITIONS
7.1. Post in offices.
8.0 RELATED DOCUMENTS
8.1 U.S. and California State Constitutions
8.2 Title VI I of the Civil Rights Act of 1964
8.3 California Fair Employment and Housing Act (FEHA)
8.4 Any other federal and state laws that have expanded Title VII discrimination-type protections
8.5 Policy 830.00, Harassment Policy
8.6 Policy 831.00, Anti-Retaliation and Whistleblower
8.7 Policy F10.00, Rules of Conduct
Page 2 of2
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Orange County
Sanitation District
Subject: HARASSMENT POLICY
1.0 PURPOSE
Policy Number: 830.00
Effective Date: September 22, 2004
February 26, 2003
Supersedes: February 26, 2003
April 28, 1999
Approved by:
1.1 It is the policy of the Orange County Sanitation District to provide a working
environment for all employees which is free of harassment and discriminatory
intimidation whether based on actual or perceived race, color, religion, sex,
sexual orientation, age, national origin, disability, veteran status, marital status,
exercise of rights relating to family care leave, or any other legally protected
basis.
1.2 All District employees are expected to support and comply with this policy. Any
supervisor or manager observing or knowing of a harassing situation shall take
immediate action to stop it. Supervisory and management personnel who
receive reports of harassment are expected to consider all such complaints
seriously and take immediate steps to implement this policy in accordance with
the provisions contained herein. Harassing behavior, sexual or otherwise, as
defined herein, is not within the course and scope of employment at the District.
2.0 ORGANIZATIONAL UNITS AFFECTED
2.1 This policy applies to all employees regardless of their organizational unit.
Additionally, all persons who perform any services for the District including
persons working under contract, regardless of their employment status, are
covered by this policy.
3.0 DEFINITIONS
3.1 Harassment for the purposes of this policy, includes verbal, physical or visual
conduct based on protected status that is so severe and/or pervasive that it
creates a hostile or abusive working environment, and interferes with an
employee's ability to do his or her job. An environment may be hostile if
unwelcome behaviors, sexual or other, are directed specifically at an individual or
if an individual witnesses unlawful harassment in his/her immediate
surroundings.
Examples of Prohibited Behavior:
• Verbal conduct such as epithets, demeaning comments of a personal nature,
derogatory jokes, slurs, yelling, screaming, intimidation or threats.
Page I of 4
• Patronizing or ridiculing statements that convey derogatory attitudes about a
particular gender.
• Leering.
• Displaying or distributing posters, cartoons, computer graphics or electronic
media transmissions containing material that could be viewed as offensive.
• Physical contact such as assault, unwanted touching, blocking normal
movement, pushing or interfering with work because of sex, race or any other
protected basis.
• Retaliation for having reported or threatened to report harassment.
3.2 Sexual Harassment may involve the behavior of a person of either sex against a
person of the opposite or same sex, and occurs when such behavior constitutes
unwelcome sexual advances, unwelcome requests for sexual favors, and other
unwelcome verbal, physical, or visual behavior of a sexual nature where:
• Submission to such conduct is made either explicitly or implicitly a term or
condition of an individual's employment;
• Submission to or rejection of such conduct by an individual is used as the
basis for employment decisions affecting the individual's welfare; or
• Such conduct has the purpose or effect of substantially interfering with an
individual's welfare or work performance, or creates an intimidating, hostile,
offensive, or demeaning work environment.
Examples of Prohibited Behavior:
Prohibited acts that constitute sexual harassment may take a variety of forms.
Examples of the kinds of conduct that may constitute sexual harassment include,
but are not limited to:
• Unwelcome sexual propositions, invitations, solicitations, flirtations and
gestures.
• Threats or insinuations that a person's employment, wages, promotional
opportunities, or other conditions of employment may be adversely affected
by not submitting to sexual advances.
Unwelcome verbal expressions of a sexual nature, including graphic sexual
commentaries about a person's body, dress, appearance or sexual activities; the
unwelcome use of sexually degrading language, jokes or innuendoes;
unwelcome suggestive or insulting sounds or whistles; leering.
• Sexually suggestive objects, pictures, videotapes, audio recordings or
literature placed in the work area which may embarrass or offend individuals.
• Unwelcome touching, patting, or pinching.
• Romantic or sexual relationships between supervisors and subordinate
employees are discouraged. There is an inherent imbalance of power and
potential for exploitation in such relationships. The relationship may create
Page 2 of4
4.0 POLICY
an appearance of impropriety and lead to charges of favoritism by other
employees. A welcome sexual relationship may change with the result that
sexual conduct which was once welcome becomes unwelcome and
harassing.
4.1 The Orange County Sanitation District will not tolerate any form of harassment
and is committed to providing a work environment that is free from unlawful
discrimination.
4.2 The District will take allegations of harassment seriously and will respond
promptly to complaints of harassment. Where it is determined that inappropriate
conduct has occurred, the District will act immediately to eliminate the conduct
and impose such corrective action as is necessary, including disciplinary action
where appropriate.
5.0 PROCEDURE
5.1 Any employee who believes that he or she has been the victim of harassment
prohibited by this policy must immediately report the matter, verbally or in writing,
to his or her supervisor or manager, or to any other supervisor or manager,
including the General Manager, or to the Human Resources Department.
5.2 Upon receipt of the complaint, the District will promptly investigate the allegation
in a fair and expeditious manner. The investigation will be conducted in such a
way as to maintain confidentiality to the extent practicable under the
circumstances and permissible under the law. If it is determined that unlawful
harassment has occurred, appropriate corrective action will be taken.
5.3 It is important to be aware that under the California Fair Employment and
Housing Act ("FEHA"), employees may be held personally liable for any acts of
unlawful harassment.
6.0 EXCEPTIONS
6.-1 __ Any employee_w:ho_knowingly files-~ false and-malicious report of harassment, as
opposed to a complaint which, even if erroneous, is made in good faitli; or anyone
who fails to report an actual or perceived form of harassment as outlined in this
policy, maybe the subject of appropriate disciplinary action, up to and including
termination.
7.0 PROVISIONS AND CONDITIONS
7 .1 Post in offices.
Page 3 of4
8.0 RELATED DOCUMENTS
8.1 U.S. and California State Constitu.tions
8.2 Title VII of the Civil Rights Act of 1964
8.3 California Fair Employment and Housing Act (FEHA)
8.4 Any other federal and state laws that have expanded Title Vil harassment-type
protections
8.5 Policy 820.00, Nondiscrimination in Employment
8.6 Policy 831.00, Anti-Retaliation and Whistleblower
8.7 Policy F10.00, Rules of Conduct
8.8 Policy F80.00, Workplace Violence
8.9 Title VII of the Civil Rights Act
Page 4 of4
Orange County
Sanitation District
Subject: ANTI-RETALIATION AND
WHISTLE BLOWER
1.0 PURPOSE
Policy Number: 831.00
Effective Date: September 22, 2004
Supersedes: N/A
Approved by: Lisa L. Tomko
1.1 The purpose of this policy is to establish uniform guidelines and procedures prohibiting
retaliation against individuals who report or participate in the investigation of a report of
discrimination, harassment, or individuals who engage in whistleblowing, as defined below.
2.0 ORGANIZATIONAL UNITS AFFECTED
2.1 This policy applies to all employees, potential employees, and all persons who perform
services for OCSD, including persons working under contract.
3.0 DEFINITIONS
3.1 Retaliation: refers to actions such as discipline, failure to promote, failure to hire, termination
of a contract, and other actions in the workplace which have a substantial and material
impact on an employee's terms and conditions of employment. Examples include, but are not
limited to, inaccurate poor performance evaluations, arbitrarily changing work assignments,
or arbitrarily changing work locations. Retaliation means that a supervisor or manager takes
one of these actions towards an individual because that employee, outside contractor or
prospective employee engaged in the protected activity prohibited in Section 4.0.
3.2 Whistleblowing: refers to retaliatory actions that are taken in reprisal for an employee
reporting (1) violations or non-compliance with state or federal statutes; (2) unfair labor
practices; (3) billing for services not performed or for goods not delivered; (4) gross
mismanagement, significant waste of funds, and abuse of authority or a substantial and (5)
specific danger to the public health or safety or unsafe working conditions.
4.0 POLICY
4.1 It is OCSD's policy to prohibit retaliation or reprisals towards employees, prospective
employees or outside contractors who engage in the protected activity described below.
OCSD policy requires employees to report all perceived incidents of retaliation or
whistleblowing, regardless of the offender's identity or position. Any employee who in good
faith reports an alleged incident involving the protected activities below shall, under no
circumstances, be subjected to reprisal or retaliation of any kind.
4.1.1 OCSD prohibits retaliation against an employee who discloses information to a
government or law enforcement agency or internally to OCSD, where the employee
has reasonable cause to believe that the information discloses a violation of state or
federal statute or non-compliance with a state or federal regulation.
4.1.2 OCSD prohibits discrimination, harassment or retaliation against an employee who
discloses or initiates or assists in the filing of a false claim for money, goods, or
services to OCSD.
Page 1 of2
4.1.3 OCSD prohibits retaliation against an employee who files a written complaint, under
penalty of perjury, of gross mismanagement, a significant waste of funds, an abuse of
authority or a substantial and specific danger to public health or safety.
4.1.4 OCSD prohibits retaliation against any employee who complains of discrimination or
harassment or any other conduct prohibited by the Fair Employment and Housing Act.
4.1.5 OCSD prohibits retaliation against employees who complain about an unfair labor
practice.
5.0 PROCEDURE
5.1 Any employee who believes that he or she has been the victim of retaliation prohibited by
this policy should report the matter to his or her supervisor or manager, or to any other
supervisor or manager, including the General Manager. All reported incidents of retaliation
will be promptly and thoroughly investigated, and appropriate corrective action will be taken.
5.2 Reports of retaliation will be investigated promptly. The investigation may include individual
interviews with the parties involved and, where, necessary, with individuals who may have
observed the alleged conduct or may have other relevant knowledge.
5.3 Confidentiality will be maintained throughout the investigatory process to the extent
consistent with an adequate investigation and appropriate corrective action.
5.4 No fixed report period has been established. However, prompt reporting of complaints or
concerns have proven to be the most effective method in finding rapid and constructive
action and resolution.
6.0 EXCEPTIONS
6.1 An employee who knowingly files a false and malicious report of retaliation --as opposed to
a complaint which, even if erroneous, is made in good faith --may be the subject of
appropriate disciplinary action, up to and including termination.
7.0 PROVISIONS AND CONDITIONS
8.0 RELATED DOCUMENTS
8.1 Policy 810.00, Conflict of Interest Code and Code of Ethics
8.2 Policy 820.00, Non-Discrimination in Employment
8.3 Policy 830.00, Harassment Policy
8.4 Policy F10.00 Rules of Conduct
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