Frequently Asked
Questions
Monterey County Discrimination
Complaint Ordinance
What is discrimination?
Discrimination and harassment are unfair treatment or denial of normal
privileges to persons because of their “protected class status.”
What is “protected class status?”
Protected class status is a person’s race, color, ethnic group, national
origin, ancestry, religious creed, marital status, gender, sexual orientation,
age, medical condition, disability, and/or veteran status. The application of
anti-discrimination/harassment laws extends to all persons, not only individuals
who identify themselves as ethnic minorities or who are women.
What is the County of Monterey’s Discrimination Complaint Ordinance?
The Monterey County Discrimination Complaint Ordinance (the “Ordinance”) was
approved and adopted by the Board of Supervisors in April, 1991.
The Ordinance and the accompanying Discrimination Complaint Procedures
contain the process that employees or agents of the County must follow when
receiving and/or investigating complaints of discrimination. The Ordinance also
discusses the types of discrimination that are prohibited by the County.
The Ordinance states that co-workers, employees and the public cannot be
treated differently or unfairly because of their protected class status. The
Ordinance forbids discrimination based on the following protected classes:
RACE
COLOR
ETHNICITY
NATIONAL ORIGIN
ANCESTRY
RELIGIOUS CREED
GENDER
VETERAN’S STATUS
MEDICAL CONDITION (including PREGNANCY)
AGE
SEXUAL ORIENTATION
DISABILITY
Where is the Office located?
We have one office in Salinas at
168 West Alisal Street,
3rd Floor
Salinas, CA 93901
Office: (831) 755-5117 |
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Who can file a Discrimination Complaint with the Equal Opportunity Office?
The Office receives and investigates complaints of discrimination/harassment
from:
- County employees, including County volunteers, persons appointed to County
boards and commissions;
- Applicants for County employment and/or promotion;
- Bidders and contractors who currently do business with the County, or who
seek to do business with the County, and
- Recipients of County services.
There are 3 different categories of discrimination.
One category of discrimination is “intentional discrimination,” otherwise
known as “disparate treatment.” Disparate treatment occurs when an individual is denied
equal employment opportunity, harassed, subject to unfair or unequal working
conditions, or favoritism solely because of their protected class status.
The second category of discrimination is “adverse impact” or
“disparate impact.” This category of discrimination occurs when an employer engages in employment
practices that, even when neutrally applied to all employees, disproportionately
excludes the members of a particular protected class.
The third category of discrimination is retaliation. Retaliation is defined
as harassment, intimidation, or denial of any rights or privileges on the basis that the person
either initiated or took part in the investigation of a discrimination complaint.
What is sexual harassment?
Sexual harassment is defined as unwanted sexual advances, or visual, verbal
or physical conduct of a sexual nature. This definition includes many forms of
offensive behavior and includes gender-based harassment of a person of the same
sex as the harasser; the following are some types of behavior that could be
considered sexual harassment:
- Sexual advances or propositions
- Offering employment benefits in exchange for sexual favors.
- Making or threatening reprisals after a negative response to sexual advances.
- Visual conduct: leering, making sexual gestures, displaying of sexually
suggestive objects or pictures, cartoons or poster.
- Verbal conduct: Making or using derogatory comments, epithets, slurs, and
jokes.
- Verbal abuse of a sexual nature, graphic verbal commentaries about an
individual’s body, sexually degrading words used to describe an individual,
suggestive or obscene letters, notes or invitations.
- Physical conduct: touching, assault, impeding or blocking movements.
The term also includes retaliation based on the termination of a prior
intimate relationship. The work environment also extends to non-work places and
non-work hours when the harasser continues a pattern of behavior or course of
conduct outside the normal workplace.
There are two (2) types of sexual harassment: “quid pro quo” harassment and
“hostile work environment” harassment:
Quid pro quo (Latin, meaning “this for that”) harassment occurs when specific
employment benefits (like a job, a promotion, preferred work assignment) are
promised or withheld as a means of coercing sexual favors.
Hostile Work Environment is caused by conduct that unreasonably interferes
with the victim’s work performance or creates an intimidating, hostile, or
offensive work environment. The atmosphere or “environment” can be tainted by
unwanted sexual advances, requests for sexual favors, or other verbal or
physical conduct of a sexual nature, even though the behavior may not be
directly linked to the giving or withdrawal of a tangible job benefit.
IMPORTANT!
Alleged acts of sexual harassment involving touching or violent
harassment must be reported to the Equal Opportunity Officer, County
Administrative Officer, or County Counsel within two (2) working days. Violent
harassment can involve rape, attempted rape, sexual assault, assault, fondling
and other forms of sexual battery and/or threats of violence. Report the matter
to the appropriate individuals as soon as possible.
What should you do if you feel you are a victim of discrimination?
If you have an issue with a coworker you should, if possible, put that
coworker “on notice” by letting the coworker know that his/her behavior is
offensive. If discussing or resolving the matter with your co-worker is not an
option, then inform your supervisor of the problem. Under the Ordinance, you may
go directly to your Department Head to file a complaint or to report an incident
of harassment. You have the right to file your complaint with the person, (e.g.,
a supervisor, manager or department head) with whom you are most comfortable.
You may also file your complaint directly with the Equal Opportunity Office.
What if I know someone who is being discriminated against or sexually
harassed but who doesn’t want anyone to know?
Report it immediately. You should report it to whomever you are most
comfortable with (e.g., your supervisor, manager, department head or the Equal
Opportunity Office). The behavior may not stop unless you come forward.
Do the Investigators advocate exclusively for the Complainant?
The Investigators are neutral third parties; they cannot advocate for either
the person who filed the complaint (“Complainant”) or the person who is accused (“Respondent”).
The Investigators are fact finders; they make a determination based on unbiased,
substantiated evidence gathered during the course of an investigation. Both the Complainant
and the Respondent are entitled to a fair and objective investigation.
Are there any non-County agencies where I can file a complaint of
discrimination and/or harassment?
California Department of Fair Employment and Housing
San Jose District Office
2570 North First Street, Suite 480
San Jose, CA 95131
Telephone: (408) 325-0344 or (800) 884-1684
TTY: (800) 700-2320
U.S. Equal Employment Opportunity Commission (EEOC)
96 North 3rd Street, Suite #200
San Jose, CA 95112
Telephone: (408) 291-7352 or (800) 669-4000
TTY (800) 669-6820
What are my rights as a Complainant?
- You have the right to a fair and objective investigation.
- You have the right to be assisted or represented in the complaint process by
a person of your choice.
- As a County employee you are entitled to a “reasonable” amount of time during
work hours to prepare and process the discrimination complaint.
- You have the right to be free from retaliation for having filed the
complaint.
- You have the right to file the complaint with the Department of Fair
Employment & Housing or the Equal Employment Opportunity Commission.
As the Complainant, it is your responsibility to establish the connection
between the alleged treatment you received and your protective class status.
This connection is required in order for the investigation to proceed. You will
be required to provide detailed information on each incident, i.e. date, time,
persons involved, the names of witnesses and any other information deemed
relevant to the complaint.
Is there a Statute of Limitations to file a complaint?
A formal complaint must be filed with the Monterey County Equal Opportunity
Office not later than three hundred (300) calendar days after the alleged
discriminatory incident took place, or the complainant first had knowledge of
the alleged discriminatory act(s). The Statute of Limitations for EEOC is three
hundred (300) calendar days; for DFEH it is one (1) year.
What are my rights as a Respondent?
- You have the right to a fair and objective investigation.
- You have the right to be told the specifics of each allegation.
- You have the right to be heard and to rebut the allegations.
- You have the right to identify witnesses and/or other persons whose
information is relevant to the case.
- You have the right to provide information or documentation that is relevant
to the case.
- You many be assisted or represented in the complaint process by a person of
your choice.
- You may use County time during your investigative interview(s).
- You have the right to ask the investigator for further clarification on the
allegations.
I’ve been contacted as a witness; do I have any rights?
Yes. As a witness, you have the right to be free from retaliation for
participating in the
investigative process. If you are a County employee, you can also schedule the
investigative interview during County work hours.
How does the investigator reach a conclusion?
A conclusion is based on evidence gathered throughout the course of the
investigation. During the investigative process, the credibility of all participants and the
quality of information received is carefully evaluated and weighed.
In order to reach a “For Cause” conclusion (more probable than not that
discrimination occurred) in a discrimination and/or harassment case, the behavior must be
sufficiently severe and/or pervasive to cause a reasonable person to consider the workplace
environment to be hostile in character.
What happens when the investigation is completed?
The Complainant will receive a summary of findings and case determination. If
the Complainant disagrees with the determination he/she can submit a written request
to the Equal Opportunity Officer so that the case be reviewed. The Assistant County
Administrative Officer-Human Resources and the Equal Opportunity Officer will
conduct the first level of review. If no change in the determination is made,
the Complainant may request that the Board of Supervisors review the case. Under
the Monterey County Discrimination Complaint Ordinance, the decision of the
Board of Supervisors is final and binding.
In respect to the Respondent, his/her Department Head will be informed of the
outcome of the investigation. It is the responsibility of the Department Head to
inform the Respondent of the case determination. Only the Respondent’s
Department Head may request that the case be reviewed. If the Respondent is
subject to disciplinary action, the Respondent will be entitled to applicable
disciplinary due process rights under the Respondent’s collective bargaining
agreement or the Personnel Policies & Procedures Resolution – whichever is
applicable.
Where can I direct other questions I have about the complaint process?
Contact the Equal Opportunity Office at (831)
755-5117.
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