LOS ANGELES COUNTY
DEPARTMENT OF MENTAL HEALTH
  Policy 605.02 Harassment
 
Policy Category:  Administrative
Distribution Level:  Directly Operated
Responsible Party:  Human Resources
 
Approved by Marvin J. Southard, DSW, Director on May 25, 2010
 
I.  PURPOSE
 
Los Angeles County - Department of Mental Health (DMH) is committed to providing a work environment that is free of harassment, discrimination, and inappropriate conduct towards others. DMH maintains a strict policy prohibiting harassment, discrimination, inappropriate conduct towards others, which applies to all DMH employees, including supervisors and managers, as well as vendors, customers, independent contractors, interns, and volunteers.

To ensure the work environment is free of harassment, discrimination, and inappropriate conduct towards others, the DMH has committed itself to doing the following:

 
  • Dissuade such unlawful practices through communication, training and other appropriate methods designed to train all employees and other persons involved with the DMH workforce regarding harassment, discrimination, and inappropriate conduct towards others.

  • Provide a means for DMH workforce members to notify their supervisors and/or managers of a harassment, discrimination, and/or inappropriate conduct situation to enable the supervisor and/or managers to take the necessary corrective actions, including removing the employee from that immediate environment.

  • Provide an internal complaint process for employees who experience or witness unlawful conduct that protects employees' confidentiality to the extent legally permissible, shields the individual from retaliation, and allows for appropriate corrective action.

  • Investigate all observed or reported instances of violations of this policy and take appropriate corrective action, including disciplinary action, when warranted.

  • Communicate to the complaining party, and to the alleged offender, the disposition of the complaint.

  • This policy is intended to stop inappropriate conduct before it becomes unlawful discrimination or harassment. As such, to violate this policy, the conduct need not be pervasive or repeated. An isolated derogatory comment, joke, racial slur or sexual innuendo may violate this policy and subject the offender to disciplinary action. Similarly, to violate this policy, the conduct need not be unwelcome to the party against whom it is directed. If the conduct could reasonably be considered inappropriate for the workplace, it would violate this policy.
     

II.  DEFINITION
 

Harassment, discrimination, retaliation, and other conduct violates this policy if it is based on any one of the following characteristics:

  • Sex

  • Transgender status

  • Sexual orientation

  • Race

  • Skin Color

  • Religious Creed or Beliefs

  • Marital Status

  • The Need for Medical Leave

  • National Origin (Including accents)

  • Ancestry

  • Medical Condition

  • Age (40 and above)

  • Disability (Mental and Physical), Including HIV and AIDS

  • Pregnancy, Childbirth, and Related Condition

  • Any Other Basis Protected by Federal, State or Local Law, Ordinance or Regulation
     

III.  POLICY
 

The Los Angeles County - Department of Mental Health (DMH) is committed to providing a work environment that is free of harassment, discrimination, and inappropriate conduct towards others. This policy applies to all DMH employees, job applicants, interns, volunteers and independent contractors.

Personal behavior that matches the definition of harassment per above will not be tolerated. DMH will take corrective actions to cause such behavior to be stopped and DMH workforce members will be subject to appropriate disciplinary action.

Sexual harassment is illegal and includes unwelcome sexual advances, requests for sexual favors, and other verbal, visual or physical conduct of a sexual nature. This policy applies whenever such conduct meets any of the following three criteria:

 

  • Submission to such conduct is made either explicitly or implicitly a term or condition of employment; or

  • Submission to, or rejection of such conduct by an individual is used as a basis for employment decisions affecting such individual; or

  • Such conduct has the purpose or effect of unreasonably interfering with an employee's work performance or creating an intimidating, hostile, offensive or abusive working environment.


DMH prohibits retaliation against employees who oppose harassment and discrimination; who make a complaint in good faith or state their intention to complain in good faith about harassment or discrimination or retaliation; or who participate in any investigation or disciplinary proceeding involving claims of harassment, discrimination, or retaliation.
 

IV.  PROCEDURES
 
V.  AUTHORITIES
 

County Code Sections 5.08 and 5.09
California Fair Employment and Housing Act
Title VII of the Civil Rights Act of 1964, as amended
Los Angeles County Equal Employment Opportunity Policy
Los Angeles County Non-Discrimination Policy