County Administrator Policy Manual: Protected Status Harassment (Includes Sexual Harassment)

County Administrator Policy Manual
Protected Status Harassment (Includes Sexual Harassment)

Policy Number: 1.7
Effective: January 19, 2018
Purpose
To provide protection from protected status harassment f or employees and applicants for employment.
Policy
The County is committed to providing a work place f ree f rom protected status harassment. This policy
prohibits the harassment of any employee or applicant f or employment due to an individual’s race, color,
sex (includes sexual harassment), age, national origin, religion, disability, marital status, sexual orientation,
gender identity or expression, citizenship status, or any other protected status that would be in violation of
a applicable Federal or State anti-discrimination laws. This policy also prohibits protected status
harassment against or by any person not employed by the County with whom County employees come into
contact with as a result of their employment.
This prohibition mandates that all employees at all levels must avoid of fensive or inappropriate behavior
based on a protected status. Examples of prohibited behaviors include, but are not limited to:
· Any verbal, visual or physical conduct that has the purpose or ef f ect of creating an intimidating,
hostile or of fensive working environment.
· Any verbal, visual or physical conduct that has the purpose or ef f ect of substantially interf ering with
the employee's ability to do his or her job.
· Any verbal or physical conduct of a sexual nature that may threaten or insinuate either explicitly or
implicitly that any employee's submission to or rejection of sexual advances will in any way inf luence
any decision regarding that person's employment, evaluation, wages, advancement, assigned
duties, shif ts or any other condition of employment or career development.
· Any sexually harassing behavior, whether verbal, visual or physical, including but not limited to
comments about an individual's body; the use of sexually degrading words to describe an individual;
of fensive comments; of f -color language or jokes; innuendoes; suggestive objects, books,
magazines, photographs, cartoons, pictures and the display of derogatory expressions on apparel.
· Any unwelcome or unsolicited speech or conduct towards an individual or individuals to include but
is not limited to derogatory name-calling, insults, verbal abuse and threats, and ridicule of an
individual(s) based on protected status.
· Physical harassment such as assault, unwanted touching, blocking normal movement, or interf ering
with an employee's ability to do his or her job.
· Verbal harassment such as epithets, derogatory comments, slurs, or unwanted advances or

invitations.
County Administration Policies

This policy is not intended to limit or constrain the employer’s right to manage its employees or monitor
the work environment. In addition, this policy does not modif y any other rights or obligations inherently
placed on supervisors and managers in the perf ormance of their duties. For example, work assignments,
perf ormance reviews, and coaching, work evaluation and disciplinary measures taken by a manager or
supervisor, in good faith f or valid reasons, do not constitute harassment in the workplace. These supervisory
and management actions must remain respectf ul of the individual. This policy will not, under any
circumstances, be used to impede the supervisory relationship, nor is it intended to inhibit normal social
interaction in the workplace.
This policy prohibits conduct that may or may not amount to protected status harassment under the law, as
well as conduct that may or may not amount to a statutory violation of county, state, or f ederal polices, rules,
or laws governing standards of conduct of employees. It is the purpose of this policy to stop all forms
of protected status harassment bef ore the conduct rises to a level of a violation of law. This policy prohibits
conduct that may amount to protected status harassment under the law, as well as conduct that may not
amount to a statutory violation.
If you believe an individual is an unauthorized worker, but has been employed by a department that f alls
under that authority of the Of f ice of the County Administrator, please call the Equal Opportunity
Administrator’s Office immediately at (813) 272-6554 and report that inf ormation.
Nothing in this policy shall preclude an employee f rom directly f iling a complaint at any time with the U.S.
Equal Employment Opportunity Commission (EEOC), the Florida Commission on Human Relations (FCHR),
Of f ice of Federal Contracts Compliance Programs, or any other appropriate external f ederal or state agency.
REMEDIAL ACTIONS:
Any employee who engages in conduct prohibited by this policy, or who encourages such conduct by others,
shall be subject to discipline f or violation of Human Resources policies, up to and including termination from
employment.
ALLOWING HARASSMENT TO CONTINUE OR FAILURE TO RESPOND:

Managers and/or supervisors who allow protected status harassment to continue or f ail to take appropriate
corrective action upon becoming aware of the protected status harassment may be subject to discipline for
violations of Human Resources policies, up to and including termination from employment.
RETALIATION:
Retaliation is an adverse action taken against an employee or citizen because that individual has in good
f aith made a protected status harassment complaint or assisted the organization in the investigation of a
protected status harassment complaint (f or example, a witness). Retaliation is against this policy and is
against the law and will not be condoned. For example, an employee cannot be punished f or giving a
statement regarding a harassment or unlawf ul discrimination claim. Adverse action may include, but is not
limited to: demotion, discipline, f iring, salary reduction, negative evaluation, and change in job assignment
or change in shif t assignment, such acts as ref using to recommend an employee f or a benef it f or which he
or she qualif ies, spreading rumors about the employee, encouraging hostility f rom co-workers and
escalating the harassment.
A. Reporting Harassment
1. All employees must report incidents they believe are violations of this policy immediately to their
supervisor, department director or Human Resources.

2. Any employee or applicant f or employment, who believes that he or she has been unlawf ully
discriminated against on the basis of a protected status may file a complaint with Human Resources.
The equal employment opportunity intake f orm may be used by the person making the allegation to
f ile a complaint of discrimination.
3. Any director, manager or supervisor in a department who receives a report of discrimination (whether
written or verbal) f rom an employee must immediately inf orm Human Resources.
4. Human Resources will promptly review the inf ormation. If the decision by Human Resources is to
conduct an investigation, the complaint will be investigated and/or resolved in accordance with
established procedure. All employees are to cooperate f ully with any investigation conducted under
this policy.
5. The County cannot guarantee conf identiality. If an investigation is warranted, the County will make
every attempt to keep the inf ormation provided and developed during the investigation process
conf idential.
6. If the County determines an employee has made allegations in bad f aith, or has knowingly provided
f alse inf ormation regarding a complaint, disciplinary action may be taken against the employee, up
to and including termination of employment. This statement is not intended to discourage employees
f rom coming f orward with any complaints. The County recognizes and expects that some claims may
be dif ficult to prove or support, or may not in f act be f ound to rise to the level of seriousness deemed
necessary to constitute protected status harassment or sexual harassment. These are not the types
of complaints which are considered to be f alse accusations. Rather, anyone f ound to have
intentionally brought allegations which he or she knows to be untrue will be deemed to have made
f alse accusations, and will be subject to immediate disciplinary action, up to and including
termination of employment.
B. Filing a Complaint
Any person who wishes to f ile a complaint may do so using one of the f ollowing options:
· Complete the intake f orm, and mail, fax, or email it to Human Resources
· Complete the intake f orm and personally return it to Human Resources
· Call Human Resources at (813) 272-6400.
Employees should report incidents they believe to be retaliatory measures immediately to the Human
Resources Department at (813) 272-6400 as soon as possible after the incident occurs.
Other resources you may find helpful:

Procedure: Protected Status Harassment (Includes Sexual Harassment) Procedure1.6
Forms: Equal Employment Opportunity Intake Form
Other: US Equal Employment Opportunity Commission (EEOC), Florida Commission on Human Relations (FCHR), Office of
Fed eral Contracts Compliance Programs

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County Administrator Policy Manual

Protected Status Harassment (Includes Sexual Harassment)

· Verbal harassment such as epithets, derogatory comments, slurs, or unwanted advances or

County Administration Policies

ALLOWING HARASSMENT TO CONTINUE OR FAILURE TO RESPOND:

County Administration Policies

Other resources you may find helpful:

County Administration Policies

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