Definitions
Discrimination Defined
In conformance with the Board policy to provide a workplace free from discrimination and to provide for equal employment opportunities, barring any lawful or valid reasons, all employees and applicants will have equal access to County operations and employment regardless of their actual or perceived status in a Protected Class.
Retaliation Defined
Retaliation constitutes a violation of this policy. Retaliation is defined as any adverse employment action which would not have occurred but for the complaining party’s engaging in opposition to employment practices that violate the County’s equal employment or anti-harassment policies. An adverse employment action could include but is not limited to a decrease in pay, change of hours, or reduction in authority and responsibility. Retaliation for filing a complaint about, or participating in, a PMR 21 investigation is also a violation of this policy and will not be tolerated.
Harassment Defined
Harassment constitutes a violation of this policy. Harassment is unwelcome verbal, physical, visual, written or environmental misconduct based on a Protected Class, which is offensive to a reasonable person in like or similar circumstances. Prohibited harassment can consist of virtually any form or combination of verbal, physical, visual/written or environmental conduct. It need not be explicit, or even specifically directed at the victim.
Prohibited harassment includes, but is not limited to, the following misconduct:
- Verbal Misconduct: Remarks, slurs, jokes, or innuendos based on a Protected Class or perceived status in a Protected Class.
- Physical Misconduct: Touching, assault, gestures, or physical interference with movement based on actual or perceived status in a Protected Class.
- Visual or Written Misconduct: Display or circulation of material, such as, but not limited to, posters, cartoons, drawings, computer graphics, e-mails, or other depictions based upon actual or perceived status in a Protected Class.
- Environmental Misconduct: Other misconduct based on a Protected Class or perceived status in a Protected Class.
County employees, applicants and persons providing services pursuant to a contract are eligible to file a complaint of harassment under this policy.
Reporting Obligations
Supervisors and Managers
Supervisors and managers are responsible for taking all steps necessary for all employees to promote equal opportunity employment and prevent discrimination, harassment, and retaliation from occurring within the County of Marin workplace. These steps include taking immediate action to stop any equal
employment violation, harassment or retaliation and taking appropriate disciplinary action after timely investigation, where appropriate.
If an employee communicates alleged discrimination, harassment and/or retaliation, the manager, supervisor, department head or person performing supervisory duties to whom the allegation is communicated will ensure that it is reported to the Equal Employment Officer or Director of Human Resources. In the event the allegation involves the Human Resources Department, the allegation should be communicated to the County Administrator. Failure to report such an allegation may result in disciplinary action.
If the employee declines to complete the PMR 21 Complaint Form (hereinafter “Complaint Form”) the manager, supervisor or person performing supervisory duties will complete the Complaint Form and attempt to confirm with the complainant that the form is correct and request that the complainant sign the form. The person completing the form shall submit it to the appropriate person within fourteen (14) calendar days of being informed about the alleged violation by the employee.
Other Employees
All persons are strongly encouraged to report to their manager, supervisor or person performing supervisory duties, the Equal Employment Officer, Director of Human Resources, or the County Administrator any instances of an alleged violation of PMR 21 which they have directly observed, whether or not reported by the employee who is the object of the alleged conduct.
Contact Us
Email: Roger Crawford, Equal Employment Director.
Phone: (415) 473 2095.