SANTA CRUZ COUNTY
PERSONNEL ADMINISTRATIVE MANUAL
To provide departments with the legal basis for equal employment opportunity and non-discrimination.
The Santa Cruz County Board of Supervisors adopted an Equal Employment Opportunity-Policy (Resolution 599-90) on October 23, 1990. A revision and update of the 1975 Policy, the resolution is indicative of the evolution of County equal employment and policy.
Equal Employment Opportunity is a legal obligation under several Federal laws and Executive Orders. Additionally, many State legal directives impact the County. Acknowledging these laws and executive orders helps to clarify how equal employment opportunity developed to its present state and is necessary to understand where the authority lies for our Equal Employment Opportunity/Non-Discrimination Program. Presented below, is a listing of the key Federal and State laws and executive Orders in this area. A brief synopsis of each is included in the Appendix of the Equal Employment Opportunity section of the Personnel Administrative Manual.
There are, also, several major court decisions which have obviously refined and changed equal employment law as it is practiced today. These court decisions are not included in this document because of their nature of rapid change and because their numbers are too large to incorporate here. However, the Equal Employment Opportunity Office attempts to keep up with these changes. Questions or concerns regarding Equal Employment law should be directed to the Equal Employment Opportunity Officer.
It should be emphasized that, in addition to satisfying its legal obligations, Santa Cruz County recognizes the positive benefits it will derive through the development, greater utilization, and employment of previously underutilized human resources.
OVERVIEW of NONDISCRIMINATION LAWS
In its efforts to provide Equal Employment Opportunity for all persons, the County will be guided by the intent and mandates of all applicable nondiscrimination laws, including but not limited to the following:
Title VII, Sec. 703
Title VI - Nondiscrimination in Federally Assisted Programs
Section 504-Prohibits Discrimination
The Equal Employment Opportunity Program is a voluntary effort initiated by the Board of Supervisors that prohibits unlawful employment practices in County government. The Equal Employment Opportunity Plan is bi-annual report of the County's efforts to provide Equal Employment Opportunity presented to the Board by the County Administrative Officer. The County EEO plan and other EEO reports are required by federal law and other federal agencies.
SYNOPSIS of NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY
and NON-DISCRIMINATION LAWS
In our efforts to achieve Equal Employment Opportunity for all in the County service we will be guided by the intent and mandates of all applicable laws, including but not limited to the following:
Prohibits discrimination on basis of race or prior servitude, by the various state or local agencies of the government.
Title VII, SEC. 703. (a) It shall be an unlawful employment practice of an employers:
(1) to fail or refuse to hire or to discharge an individual, or otherwise to discriminate against any individual with respect to his or her compensation, terms, conditions, or privileges of employment, because of such individual's race, color, creed, religion, sex, nationality, or disability; or
(2) to limit, segregate, or classify his or her employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his or her status as an employee, because of such individual's race, color, creed, religion, sex or national origins.
(3) It shall be an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of his or her race, color, creed, religion, sex, or national origin, or to classify or refer for employment any individual on the basis of his or her race, color, creed, religion, sex, national origin or qualified disabled individuals.
Requires that no person in the United States shall, on the grounds of race, color, creed, religion, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.
This order issued by the President in 1965, required affirmative action programs by all Federal contractors and sub-contractors and requires that firms with contract over $50,000 and 50 or more employees develop and implement written programs, which are monitored by an assigned Federal compliance agency.
Specific requirements for such "result-oriented" programs are spelled out in Revised Order No. 4 issued by the Office of Federal Contract Compliance, U. S. Department of Labor. These requirements include identifying areas of minority and female "underutilization," numerical hiring and promotion goals and other affirmative actions to increase minority and female employment in job classifications where they are underutilized.
Amended Executive Order 11246 to include prohibition of discrimination and requirement for affirmative action based on sex.
Firms found not in compliance with Order No. 4 may face termination or cancellation of contracts or be barred from future contracts.
Consolidated functions of federal agencies relative to contract compliance in the Office of Federal Contract Compliance Programs, U. S. Department of Labor, under the Employment Standards Administration. Effective October 5, 1978.
Section 1. Declares that all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside and that no State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property without due process of law; nor deny persons within its jurisdiction the equal protection of the laws.
Section 504. Prohibits discrimination based on disabilities for both employment and the provisions of services.
Prohibits discrimination by federal contractors and subcontractors on the basis of mental or physical disability unrelated to the ability to perform the job. Requires affirmative action.
Seeks to prevent employment discrimination because of age against persons 40 to 70 years old.
Adoption of uniform guidelines on employee selection procedures as final rules by four agencies.
This document sets forth the uniform guidelines on employee selection procedures as final rules by four agencies.
This document sets forth the uniform guidelines on employee selection procedures adopted by the Equal Employment Opportunity Commission, Civil Service Commission, Department of Justice, and the Department of Labor. The guidelines are intended to establish a uniform Federal position in the area of prohibiting discrimination in employment practices on grounds of race, color, creed, religion, sex, or national origin.
The Equal Pay Act was the first federal law specifically aimed at correcting discrimination in employment. Basically, it mandates "Equal pay for equal work" regardless of sex. The law's three bench marks for a job are skill, effort, and responsibility.
This documents issued by the Equal Employment Opportunity Commission. provides guidance on defining sexual harassment and establishing employer liability in light of recent court cases. Effective October 25, 1988.
In 1980 the Commission issued Guidelines declaring sexual harassment a violation of Title VII, establishing criteria for determining when unwelcome conduct of a sexual nature constitutes sexual harassment, defining the circumstances under which an employer may be held liable, and suggesting affirmative steps an employer should take to prevent sexual harassment. The Commission has applied the Guidelines in its enforcement litigation, and many lower courts have relied on the Guidelines.
Prohibits discrimination by federal contractors and subcontractors on the basis of veteran status and requires .
Prohibits job discrimination on the basis of race, religious creed, color, national origin, ancestry, physical disability, medical condition, marital status, age (40 and above), sex, pregnancy, childbirth, or related medical condition.
Other California laws require equal pay for equal work, and prohibits discrimination by public contractors. Contracts awarded by governmental entities, and seniority-based layoffs in state agencies must be adjusted when there has been discrimination in hiring. Discrimination on the basis of arrest records, and the use of lie detectors or voice stress analyzer as a condition of employment or continued employment are prohibited. State law also bans the use of results of tests for the virus that causes acquired immune deficiency syndrome (AIDS) in employment and insurance decision-making, and mandates the confidentiality of such test results.
SANTA CRUZ COUNTY CODE/RESOLUTIONS
The Santa Cruz County Board of Supervisors, recognizing the need for equal employment opportunity and reaffirming its commitment to the concept of equal employment opportunity, proclaims the following:
The policy of the County of Santa Cruz is to insure equal employment opportunity for all persons regardless of race, color, religion, disability, national origin, creed, sex, gender, ancestry, medical condition (cancer related and genetic characteristics), marital status, sexual orientation, age (over 18), veteran status, pregnancy or any other non merit factor.
It is the policy of the County of Santa Cruz to insure equal treatment of all persons in matters directly affecting employment, including, but not limited to, recruitment, hiring, promotion, discipline, compensation, assignment, benefit, training, layoff and rehire.
Each employee of the County of Santa Cruz shall take affirmative steps, within his or her job context, to implement this policy and to protect the rights it guarantees. Each employee who violates this policy is subject to appropriate disciplinary action.
Resolution No. 320-75 of the Board of Supervisors of the County of Santa Cruz ( Policy) is amended by addition of the following at the end thereof:
The Policy of the County of Santa Cruz regarding discriminatory harassment is established as follows:
Personnel Regulations and References of Santa Cruz County, Section 130, Civil Service Rules.
Under the Memoranda of Understanding the County and effected Union/Association agree that no person employed or applying for employment shall be discriminated against on the basis of race, religion, creed, color, national origin, ancestry, disability, medical condition (cancer or genetic characteristic), marital status, sex, gender, age over 18, veteran status, pregnancy, sexual preference except where sex or physical capability is a bona fide occupational qualification. The parties also agree to support Non-Discriminatory efforts which are intended to achieve equal employment opportunity as provided for in Federal and State requirements.