Agenda Item AGENDA STAFF REPORT ASR Control 23-000881
MEETING DATE:	12/19/23
legal entity taking action:	Board of Supervisors
board of supervisors district(s):	All Districts
SUBMITTING Agency/Department:	County Executive Office (Approved)
Department contact person(s):	Colette Farnes (714) 834-2836
	Paula Burkes (714) 834-5259

Subject: Adopt 2023 County Equal Employment Opportunity and Anti-Harassment Policy

ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

Approved Resolution to Form

Discussion

3 Votes Board Majority

Budgeted: N/A

Current Year Cost: N/A

Annual Cost: N/A

Staffing Impact:

# of Positions:

Sole Source: N/A

Current Fiscal Year Revenue: N/A

Funding Source: N/A	County Audit in last 3 years: No
Levine Act Review Completed: N/A

Prior Board Action: 12/8/2015 #49, 6/18/2013 #80

RECOMMENDED ACTION(S):

1.	Adopt by resolution the attached new Equal Employment Oppportunity and Anti-Harassment Policy and Procedure.
2.	Delegate authority to the County Executive Officer or designee to make administrative changes and update the Equal Employment Oppportunity and Anti-Harassment Policy and Procedure to comply with legal requirements as needed.
3.	Approve the removal of the Abusive Conduct section from the Equal Employment Opportunity and Anti-Harassment Policy and Procedure and designate it as a County policy, Abusive Conduct Prevention Policy, to be maintained and updated by the County Executive Officer or designee as needed.

SUMMARY:

Approval of the new Equal Employment Opportunity and Anti-Harassment Policy and Procedure will ensure compliance with current State and Federal laws regarding equal employment opportunity, prevention of workplace discrimination, harassment and retaliation.

BACKGROUND INFORMATION:

In 1999, the Board of Supervisors adopted the initial Countywide Equal Employment Opportunity Policy and Procedure (EEO Policy) to ensure compliance with all applicable laws and regulations pertaining to equal employment opportunity, prevention of workplace discrimination, harassment and retaliation. Since the adoption of the original 1999 EEO Policy, Human Resource Services (HRS) periodically reviews and recommends updates to ensure the County’s compliance with current State and Federal laws and to clarify and strengthen the policy where appropriate. The last such change was a comprehensive update approved by the Board of Supervisors on December 8, 2015 (Item #49). Prior to December 8, 2015, the last updated occurred on June 18, 2013 (Item # 80).

Human Resource Services has drafted a new EEO Policy that provides updates to the scope, responsibilities, definitions, and contact information for external government agencies. Statutorily required changes also include updates to training requirements (Gov. Code sec. 12950 - 12950.1), protected categories (Gov. Code sec. 12926), and access to training offered by the California Civil Rights Department (2 Cal. Code Regs. sec. 11023(b)(11)).

The Abusive Conduct section of the EEO Policy was removed from the EEO Policy and will exist as a County policy to be maintained and updated by the County Executive Officer or designee as needed. As abusive conduct and bullying is only legally prohibited if based on a protected status, a policy regarding such misconduct is better served separated from the EEO Policy which is largely based on statutory requirements.

FINANCIAL IMPACT:

N/A

STAFFING IMPACT:

N/A

ATTACHMENT(S):

Attachment A - Proposed EEO Policy and Procedure
Attachment B - Proposed EEO Policy and Procedure Resolution
Attachment C - Proposed Abusive Conduct Policy
Attachment D – Gov. Code §12950 – 12950.1, Gov. Code §12926, 2 CCR §11023(b)(11)
Attachment E - 2015 EEO Policy and Procedure