[1]
Editor's Note: See the Discrimination/Harassment Complaint Forms included in Attachment 4 to this chapter; and the Appendix in Attachment 5.
A. 
Equality of opportunity is a civil right in New York State under the provisions of Article 15 of the New York State Executive Human Rights Law. Every employee has the opportunity to obtain employment, including Vietnam-era and disabled veterans, without regard to age, race, color, creed, national origin, sex, disability or marital status and is hereby recognized as and declared to be a civil right. Harassment on the basis of sex is also a violation of Section 703 of Title VII of the Civil Rights Act of 1964, as amended.
B. 
Unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature constitutes sexual harassment. Sexual harassment includes, but is not limited to, the following:
(1) 
Submission to the conduct is either explicitly or implicitly a term or condition of an individual's employment; or
(2) 
Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
(3) 
The conduct has the purpose of unreasonably interfering with an affected person's work performance, or creating an intimidating, hostile or offensive work environment.
Employees must be notified when a complaint is filed against them.
C. 
To ensure this right, the County of Albany continues the discrimination complaint procedure detailed below.
(1) 
This procedure will afford all County of Albany employees and applicants a formal mechanism for lodging internal complaints concerning discriminatory and/or harassing acts which impact an individual's employment opportunities.
(2) 
This complaint procedure has been devised to provide for uniformity and equity in the resolution of allegations of discrimination in employment. It will be well-publicized throughout the County. The complaint procedures set forth herein shall not apply if they are in conflict with any applicable collective bargaining agreement or civil service law.
This process is designed to allow departments the opportunity to resolve complaints internally. It is in no way intended to circumvent options available to claimants through 1) employee organizations, 2) the New York State Division of Human Rights, 3) the Equal Employment Opportunity Commission, 4) the U.S. Justice Department/Office for Civil Rights, 5) any compliance agency designated under the Americans with Disability Act, 6) the Office of Federal Contract Compliance Programs, 7) other regulating agencies as may be appropriate, and 8) the judicial system. Use of this procedure will not suspend any time limitations for filing complaints otherwise set by law, rule or regulation.
This procedure applies to all complaints of discrimination/harassment in employment of all persons, including Vietnam-era and disabled veterans, without regard to race, color, creed, religion, age, disability or national origin. This procedure will serve, as well, for filing complaints under the Americans with Disabilities Act. It can be used by any ADA applicant for employment.
Complaints may be based on any alleged act or omission in the nature of discrimination, including, but not limited to:
A. 
Interviewing.
B. 
Hiring.
C. 
Dismissal.
D. 
Discipline.
E. 
Performance evaluations.
F. 
Job assignments.
G. 
Training opportunities.
H. 
Shift assignment.
I. 
Promotion.
J. 
Transfer.
K. 
Working conditions.
L. 
Harassment (race, sex, color, national origin, etc.).
M. 
Agency policies and other terms or conditions of employment.
Informal and formal procedures have been developed to ensure fairness and consistency in the County of Albany's employment program with its employees. Any County employee or applicant for employment, who believes that he/she has been wrongfully denied equal benefits of privileges, including Vietnam-era and disabled veterans, without regard to age, race, color, creed, national origin, sex, disability or marital status in any employment-related matted caused by a County official or employee, may seek equal employment opportunity counseling or file a complaint with the Affirmative Action Office.
All department heads are required to cooperate in the investigation of complaints by the Affirmative Action Office. The department head will provide all pertinent personnel data requested, and allow for interviews of all witnesses identified by complaint or Affirmative Action Investigator.
A. 
Initially, the complainant should discuss the matter fully with his/her immediate supervisor. Thereafter, if the grievance remains unresolved, the employee shall submit the grievance in writing to the supervisor. The supervisor shall then discuss the matter fully with the employee, obtain all pertinent information and speak with the people involved. His/Her decision shall be given to the employee within 10 working days from the time the grievance was presented, with a full written explanation of his/her decision. If no solution is agreed to, the matter may be appealed to the department head.
B. 
The aggrieved may, however, seek initial equal employment opportunity counseling at the Affirmative Action Office.
(1) 
The Affirmative Action Office will seek to resolve the complaint informally.
(2) 
The aggrieved individual will be informed of the options to file a formal complaint with the Albany County Affirmative Action Office, as well as the right to file a complaint with the New York State Division of Human Rights and/or the U.S. Equal Employment Opportunity Commission.
C. 
If the complainant individual wishes to file a formal Affirmative Action Complaint, the Affirmative Action Office will (Complainant should be responsible for reducing their complaint to writing.):
(1) 
Investigate the alleged discriminatory practices.
(2) 
Make a post-investigation finding as to whether the investigation revealed discriminatory or other violations against the complainant.
(3) 
Schedule conciliation meeting with named respondents and the department head when probable cause has been determined to rectify the discriminatory practices against complainant.
D. 
If the complainant is dissatisfied with the issue determination they may request a hearing by the Grievance Committee through the Affirmative Action Officer.
E. 
The Legislative Grievance Committee will conduct a hearing based upon the investigatory file and testimony of any witness deemed necessary to call. Both the complainant and the subject of the complaint should be guaranteed the right to address the Grievance Committee, if they so choose.
If the complainant or complainants are not satisfied with the findings, they may further pursue the matter through the New York State Division of Human Rights, and/or the U.S. Equal Employment Opportunity Commission and the U.S. Justice Department/Office for Civil Rights. Every person involved has a right to legal representation throughout the entire process.
A. 
Confidentiality will be strictly maintained to the extent permitted by law and by the circumstances.
B. 
The Affirmative Action Officer will inform all charged parties of the factual allegations and give them an opportunity to respond to all charges and evidence.
The Department will provide such assistance as may be necessary to enable a complainant to understand and participate in the complaint process. This may include sign language interpreters, wheelchair attendants, Braille copiers, sound amplification equipment or foreign language interpreters.
There will be no charge to employee accruals for time taken in conjunction with this procedure.
In case any provisions of this Affirmative Action Plan should be held contrary to, or invalid under, any federal or state law, such illegality or individuality shall not affect in any way any other provisions hereof, all of which shall continue, nevertheless, in full force and affect.