HomeMy WebLinkAboutORD-2025-030-Approval of Revisions to the Orange County Code of Ordinances Section 28 – Personnel ORD-2025 -030 � � •J � gl4l�j Attachment 1
Sec . 2842 . Workplace harassment .
( a ) General. Every person is entitled to the right to work in an environment free from the damaging effects of
unlawful harassment, including sexual harassment . Therefore, it is the policy of Orange County Government
that unlawful harassment will not be tolerated . Orange County affirms its commitment to take appropriate
action against individuals engaging in unlawful harassment, and against supervisory and managerial
personnel who knowingly allow it to continue .
( b ) Definition. Workplace harassment infringes on an employee' s right to a safe and secure work environment .
This policy prohibits harassment in the workplace as related to a person ' s race, religion, color, national
origin, disability, age, sexual orientation, or any other basis prohibited by law, including sexual harassment .
Orange County will take appropriate action to address any violations of this policy Harassment includes any
unwelcome verbal , physical and visual conduct intended to demean, ridicule, degrade, offend, or intimidate
another person .
( 1 ) Conduct constitutes workplace harassment when :
a . Submission to such conduct is made either explicitly or implicitly a term or condition of
employment; or
b . Submission to or rejection of such conduct by an individual is used as a basis for employment
decisions affecting such an individual ; or
c . 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 .
( 2 ) Sexual harassment includes unwelcome sexual advances, requests for sexual favors and other verbal or
physical conduct of a sexual nature . Examples of sexual harassment may include, but are not limited to,
intentional physical contact ( touching, patting, pinching), verbal abuse ( offensive jokes, requests for
sexual favors, demeaning statements ) and taking employment action on the basis of sexual
consideration . Sexual harassment does not include conduct welcomed by the recipient, or social
interactions and relationships entered into freely by County applicants or employees .
( c) Complaint Procedure.
( 1 ) Any employee or applicant who feels they have been the subject of workplace harassment or any
employee who has witnessed an incident of workplace harassment should make an immediate report
to the Orange County Human Resources Director, without fear of retaliation .
a . The Human Resources Department is located at 131 W . Margaret Lane, 3 'd Floor, Hillsborough ,
NC 27278 .
b . Use of this compliant process does not preclude anyone from filing a complaint with an outside
agency such as the United States Equal Employment Opportunity Commission .
( 2 ) Orange County will not permit retaliation of any kind against anyone who makes or purses a complaint
of workplace harassment, or against anyone who participates in an investigation of a complaint .
( 3 ) This complaint procedure is intended to ensure that concerns about harassment are addressed
uniformly and directly, and that complaints are investigated in a matter fair to all involved parties .
( d ) Complaint Review.
( 1 ) When any grievance or complaint of workplace harassment is received, a prompt and impartial
investigation will be made . The investigation will include including a review of the entire record and the
totality of the circumstances to determine if any sexual harassment occurred, including, but not limited
to questions to the complainant, the alleged offender, and any witnesses .
( 2 ) All information provided by the complainant, and the investigation that follows, will be handled with
the utmost discretion possible under the circumstances . However, complete confidentiality may not be
possible .
( 3 ) Orange County prohibits any interference, coercion , restraint or reprisals towards any person
complaining of workplace harassment or towards any person participating in an investigation of
workplace harassment .
( 4 ) Relevant results of the investigation will be communicated to the complainant and the alleged
offender( s ) as quickly as possible . Human Resources provide a written response to the complainant
detailing whether an investigation has been conducted , and if any further action has been taken .
( 5 ) Appropriate action will be taken against any person violating this policy including penalties provided by
law . Subsequent review will be taken to ensure that all harassment has ceased .
( e ) Employee Responsibility.
( 1 ) Each County employee is responsible for conducting themselves in a manner that contributes to a work
environment free of workplace harassment .
( 2 ) Each supervisor is responsible for assuring that they maintain a work environment free of workplace
harassment .
( f) Disciplinary Action , Any County employee found to have engaged in workplace harassment is subject to
appropriate disciplinary action , including dismissal as provided in the Orange County Code of Ordinances
Section 28 Article IX .
( g) Communications. This ordinance will be distributed to all existing employees, included in new employee
orientation , distributed in workplace harassment trainings, and publicized in internal employee publications .
All employees, regardless of position , will be expected to attend one of the Orange County approved training
sessions for instruction on identifying and addressing incidents of harassment in the workplace .
( Ord . of 06 -07 - 1976, eff. 08-01 - 1976 : Amend . of 10- 184994, Art . II § 2 . 0, eff. 12 -01- 1194 )
Created : 2023 - 12 - 19 09 : 11 : 24 [ EST ]
( Supp . No . 14 )
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