Monterey County Municipal Code Ch. 2.80 Civil Rights Ordinance

Footnotes:

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Editor's note— Ord. No. 5297, § 1, adopted Jan. 9, 2018, amended Ch. 2.80 in its entirety to read as herein set out. Former Ch. 2.80, §§ 2.80.010—2.80.070, pertained to equal opportunity and non-discrimination, and derived from Ord. No. 5213, § 1, 1-29-2013.

A. The purpose of this Chapter is to reaffirm the County's commitment to respect civil rights, provide equal opportunities for all, and pursue equity in all County operations and services.

B. The County understands that diversity is a collection of individual attributes that together help the agency pursue organizational objectives efficiently and effectively. The County of Monterey believes the variety of perspectives resulting from such diversity helps promote innovation, creativity, and opportunities for collaboration. The County supports an organizational culture of inclusion that connects each employee to the organization so that all employees are able to participate and contribute their full potential. This culture encourages collaboration, flexibility, fairness, respect, and courtesy.

C. A broad study of the effects of diversity trainings found that mandatory diversity prevention training works to minimize biases within professional environments.

D. Despite decades of efforts, Monterey County residents may still suffer from inequities, bias, discrimination, and harassment.

E. A National Women's Law Center report found that more than one in four women experience sexual harassment in the workplace but are loath to report it. It is estimated that between seventy (70) percent and ninety (90) percent of women never file a complaint.

F. This chapter is consistent with the Civil Rights Act of 1964, California's Fair Employment and Housing Act (FEHA) of 1959, the Americans with Disabilities Act of 1990, and cases interpreting those laws.

(Ord. No. 5297, § 1, 1-9-2018)

The scope of this Chapter is limited to claims and complaints alleging unlawful harassment, discrimination, and retaliation relating to employment with the County, applicants for employment with County, recipients of County services, and those who seek to or do business with the County. In addition, this Chapter supports and guides the County of Monterey's efforts to prevent unlawful harassment, discrimination, and retaliation.

(Ord. No. 5297, § 1, 1-9-2018)

Unless otherwise expressly stated, whenever used in this Chapter, the following terms shall have the meanings set forth below:

A. "Chapter" means Chapter 2.80 of the Monterey County Code.

B. "County" means the County of Monterey.

(Ord. No. 5297, § 1, 1-9-2018)

A. The County of Monterey will comply with all State, Federal, and local civil rights, equal opportunity, nondiscrimination, and anti-harassment laws.

B. All County officials and employees are responsible for maintaining a workplace and delivering services in a manner that is free from unlawful discrimination, harassment, hostile working conditions, and retaliation.

C. The Board of Supervisors shall hold all County department heads and appointing authorities accountable for the actions of their managers, supervisors, staff, and agents, and the Board of Supervisors shall include criteria in the annual performance evaluations of all officials whom the Board appoints concerning their compliance with this Chapter, related adopted policies, and the Equal Opportunity Plan.

(Ord. No. 5297, § 1, 1-9-2018)

A. Pursuant to Chapter 2.19 of the Monterey County Code, the Civil Rights Officer is responsible for the investigation and resolution of civil rights and equal employment opportunity complaints by or against the County, its officers, employees, and agents.

B. Duties assigned to the Civil Rights Officer under the Chapter shall be carried out by the Civil Rights Officer or his or her designee.

C. In furtherance of the purposes of this Chapter, the Board of Supervisors shall direct and delegate to the Civil Rights Officer responsibility for developing, revising, and implementing equal opportunity and nondiscrimination policies.

D. The Board of Supervisors shall direct and delegate to the Civil Rights Officer responsibility for developing, revising, and implementing appropriate procedures to enforce this Chapter and policies adopted to implement this Chapter.

E. The Board of Supervisors shall adopt by resolution policies to implement this Chapter in furtherance of its commitment to equal opportunity and nondiscrimination, including, but not limited to, the following:

1. Nondiscrimination Policy;

2. Sexual Harassment Policy;

3. Language Access and Effective Communication Policy; and

4. Reasonable Accommodation Policy.

(Ord. No. 5297, § 1, 1-9-2018)