§ 86-33. Equal employment opportunity policies.

(a)

Discrimination against any person in recruitment, examination, appointment, training, promotion, retention, discipline or any other aspect of personnel administration because of political or religious opinions or affiliations or because of race, color, national origin, sexual orientation (as that term is defined in chapter 36 of this Code), or other nonmerit factors is prohibited. Discrimination on the basis of age or sex, physical disability or personal gender identity (as that term is defined in chapter 36 of this Code) is prohibited except where specific age, sex or physical requirements constitute a bona fide occupational qualification necessary to proper and efficient administration.

(b)

Harassment, including sexual harassment, against any person is prohibited. For purposes of this policy, harassment includes any verbal or physical conduct designed to threaten, bully, intimidate, or coerce an employee, co-worker or any person working for or on behalf of the county. The following examples of harassment are intended to be guidelines and are not exclusive when determining whether there has been a violation of this policy:

(1)

Verbal harassment includes comments that are offensive or unwelcome regarding a person's nationality, origin, race, color, religion, gender, sexual orientation, age, body, disability or appearance, including epithets, slurs, and negative stereotyping.

(2)

Nonverbal harassment includes distribution, display or discussion of any written or graphic material that ridicules, denigrates, insults, belittles or shows hostility, aversion or disrespect toward an individual or group because of national origin, race, color, religion, age, gender, sexual orientation, pregnancy, appearance, disability, sexual identity, marital, or other protected status.

(c)

Sexual harassment against any person is prohibited. Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when submission to or rejection of such conduct is used as the basis for employment decisions or such conduct has the purpose or effect of creating an intimidating, hostile, or offensive working environment. Sexual harassment may take different forms. The following examples of sexual harassment are intended to be guidelines and are not exclusive when determining whether there has been a violation of this policy:

(1)

Verbal sexual harassment includes innuendoes, suggestive comments, jokes of a sexual nature, sexual propositions, lewd remarks and threats; requests for any type of sexual favor (this includes repeated, unwelcome requests for dates); and verbal abuse or "kidding" that is oriented toward a prohibitive form of harassment, including that which is sexual in nature and unwelcome.

(2)

Nonverbal sexual harassment includes the distribution, display or discussion of any written or graphic material, including calendars, posters and cartoons that are sexually suggestive or show hostility toward an individual or group because of sex; suggestive or insulting sounds; leering; staring; whistling; obscene gestures; content in letters and notes, facsimiles, e-mail, photos, text messages, tweets and Internet postings; or other form of communication that is sexual in nature and offensive.

(3)

Physical sexual harassment includes unwelcomed, unwanted physical contact, including touching, tickling, pinching, patting, brushing up against, hugging, cornering, kissing and fondling and forced sexual intercourse or assault.

(d)

Retaliation against any person in response to making a complaint of discrimination, harassment, or sexual harassment, or otherwise invoking the complaint process is prohibited. Retaliation may take different forms. The following examples of retaliation are intended to be guidelines and are not exclusive when determining whether there has been a violation of this policy: discipline, dismissal, suspension, demotion, transfer, reassignment, denied promotion, transfer or reassignment, or otherwise be subject to any personnel action which might be considered a punitive measure.

(e)

Any employee who feels he has been subjected to discrimination, harassment, sexual harassment, or retaliation, may file a complaint pursuant to section 86-483. Ordinarily, pursuant to section 86-483, any complaint of conduct prohibited by this section shall be made first to the employee's immediate supervisor. If the employee believes that his immediate supervisor, or anyone in his chain of command, is engaging in conduct prohibited by this section, the employee shall immediately contact the human resources division or the county attorney's office.

(f)

County employees should not assume that managers or supervisors are aware of any conduct prohibited by this section. Employees are encouraged to make complaints of conduct prohibited by this section to management as soon as possible so that appropriate further review and, if deemed necessary, corrective measures may be taken.

(Ord. No. 81-19, § 1.03, 9-3-81; Ord. No. 2011-17, § II, 5-19-11; Ord. No. 2016-20, § I, 12-15-16; Ord. No. 2018-16, § I, 12-4-18)

State law reference

Employment discrimination prohibited, F.S. § 112.042 et seq.

Charter reference

Employment policy, § 1002.