Sec. 4.404.2.
(a) The policy of the City requires that prompt and appropriate action be taken to deter and punish sexual orientation discrimination. Therefore, persons believing that they are victims of sexual orientation discrimination are strongly encouraged to report any and all incidents.
(b) An employee making a sexual orientation discrimination complaint can choose to file the complaint with the employee’s department EEO Counselor, the City’s Sexual Orientation Counselor, the City’s Civil Service Commission, and/or with an external non-discrimination enforcement agency. Complaints filed about pre- employment or employment actions or actions directly related to Personnel Department functions should be directed to the City’s Sexual Orientation Counselor, and/or to an external, non-discrimination enforcement agency.
(c) Complaints filed internal to the City must be filed within one (1) year from the date of the last act alleged to be discrimination. Otherwise, the complaint may be considered untimely.
(d) Although complaints must be prepared and filed on an employee’s own time, department managers and supervisors should allow the employee filing the complaint and all other employees who are interviewed as part of the investigation to be interviewed while on city time when requested by staff conducting the discrimination investigation. A person filing a sexual orientation discrimination complaint shall have the right of representation by any designated person or organization.
(e) Information concerning the City’s non- discrimination policies, complaint procedures and filing options, as well as filing deadlines, will be provided by the City’s Sexual Orientation Counselor or the City’s Civil Service Commission upon request.
(f) An individual who files a compliant with the California Department of Fair Employment and Housing (“DFEH”) shall not lose any rights the individual has to pursue redress under the City’s internal complaint procedures. A DFEH filing shall not terminate or have any other negative impact on the City’s investigation or processing of a parallel complaint filed with any City entity. Individuals who file complaints with the DFEH are encouraged to also file with the City, so the City has the opportunity to investigate the complaint, correct the situation, and offer an acceptable remedy to the complainant. Even where an internal complaint is not filed, the City shall conduct its own investigation upon learning of a complaint to an outside agency in an effort to prevent further occurrences or complaints.
(g) An employee who perceives comments, gestures or actions which offend against another employee’s sexual orientation made by an employee or supervisor should immediately and clearly communicate to that person that such behavior is offensive.
(h) An employee involved in a discrimination complaint as either the complainant, the accused, or as a witness, has the following rights and responsibilities:
(1) The complaining employee should immediately report the sexual orientation discrimination complaint to the employee’s supervisor, or to the department’s EEO Counselor, or to the City’s Sexual Orientation Counselor in the Personnel Department’s Office of Discrimination Complaint Resolution.
(2) The employee has the right to a confidential conference with the person to whom the sexual orientation complaint is made. Additionally, the complainant has the right of representation by any designated person or organization, e.g., a union representative, an attorney, or another individual of the complainant’s choice.
(3) If an employee chooses to initiate a complaint of sexual orientation discrimination, the employee’s department EEO Counselor or the City’s Sexual Orientation Counselor should make preliminary efforts to resolve the complaint. If it is not resolved, an investigation will be conducted.
(4) All investigations, whether conducted by the department EEO Counselor or the City’s Sexual Orientation Counselor, will be handled with discretion, sensitivity and due concern for the dignity of those involved, and will be conducted consistent with the procedures indicated in this document. As in any discrimination complaint investigation, information will be kept confidential to the maximum extent allowed by law.
(5) Anyone who is alleged to have committed acts of sexual orientation discrimination will be contacted during the investigation and allowed to make a statement. Any person accused or alleged to have committed acts of discrimination or harassment has the right to representation by a union representative or an attorney.
(6) Any employee who witnesses an incident of sexual orientation discrimination or harassment shall cooperate in any investigation. Any employee who fails or refuses to cooperate or to be truthful shall be subject to disciplinary action, up to and including termination from City employment.
(7) Employees are entitled to a timely resolution of all complaints.
(i) Each City department General Manager must designate an EEO Counselor and ensure that all department employees are made aware of the name and phone number of the designated Counselor. All department EEO Counselors who may receive a complaint of discrimination or harassment based on sexual orientation shall receive specialized training in the law and on the City’s policies and procedures governing sexual orientation discrimination and harassment and the handling of discrimination and harassment complaints; personnel complaint documentation, investigation and reporting; interviewing skills and techniques; and federal, state and City resources available to assist those concerned about such discrimination or harassment. Handling a complaint of sexual orientation discrimination or harassment according to the responsibilities outlined below shall be considered a primary duty assignment. The EEO Counselor shall not be constrained in conducting a proper investigation by any City employee, manager or supervisor. Each department EEO Counselor has the following responsibilities with regard to a sexual orientation complaint:
(1) The Counselor shall initiate an inquiry into the alleged sexual orientation harassment or discrimination. The Department EEO Counselor may not refuse to accept or investigate a complaint that alleges sexual orientation discrimination or harassment.
(2) The Counselor shall meet with the complaining employee at the employee’s earliest convenience. The Counselor shall fully inform the employee about the City’s sexual orientation policies and discrimination complaint procedures and shall answer questions that the employee may have regarding the City’s policies and procedures. The Counselor shall provide the complainant with relevant referral and resource information, including a general statement that there are time limitations for filing a complaint with an outside agency.
(3) The Counselor shall listen to the employee’s complaint and discuss the complaint with discretion, sensitivity and due concern for the dignity of those involved. The Counselor shall ask the complaining employee what remedy the employee seeks, including whether the complainant seeks a temporary or permanent transfer for the alleged offender or for themself.
(4) The Counselor shall fully record and document the complaint, including the complainant’s proposed resolution to the alleged violation(s). The Counselor shall document all informal resolution efforts.
(5) The Counselor shall notify the City’s Sexual Orientation Counselor of the complaint.
(6) The Counselor shall conduct a complete and timely investigation into the complaint, including conducting interviews with all non-cumulative witnesses and others who may be involved. The investigation will be conducted consistent with the procedures included in this section.
(7) The Counselor shall immediately notify the City Sexual Orientation Counselor in writing if any City Department, manager, supervisor or employee fails to cooperate fully during the investigation.
(8) The Counselor will communicate to the complainant in writing the status of the investigation at least once every two months.
(9) Upon completion of the investigation, the Counselor shall prepare a report of the results of the investigation. The Counselor shall inform complainants if disciplinary action is taken against the accused employee, although not the specific nature of the action. No information provided to the complaining employee shall compromise any confidentiality or privacy protection afforded to the accused employee under the law or City policy. The Sexual Orientation Counselor should contact the Office of the City Attorney if there are questions in this area.
(10) If the employee is not satisfied with the way the sexual orientation discrimination complaint has been resolved, the Counselor shall fully inform the employee of the employee’s additional rights under the law. These rights include appealing, filing a complaint under the Citywide Discrimination Complaint Procedure, filing a complaint with the Civil Service Commission, and filing a complaint with the State Department of Fair Employment and Housing (DFEH) and/or in court.
(j) Prior to any employee assuming any of the above duties as the City Sexual Orientation Counselor, the employee must have received training in the law and the City’s policies and procedures governing discrimination and harassment and the handling of discrimination and harassment complaints; personnel complaint documentation, investigation, and reporting; interviewing skills and techniques; and federal, California, and City of Los Angeles resources available to assist those concerned about such discrimination or harassment. This training must be sufficient to enable the City Sexual Orientation Counselor competently to perform all of the duties required to handle issues related to sexual orientation discrimination and harassment on a Citywide basis, including training and providing guidance to department EEO Counselors. Prior to or shortly after assuming the above duties, the Sexual Orientation Counselor shall seek out and obtain specialized training in the law governing sexual orientation discrimination and harassment and handling complaints thereof. The City’s Sexual Orientation Counselor has all of the duties and responsibilities of a department EEO Counselor, as well as the following additional responsibilities:
(1) Issue Personnel Department Discrimination Complaint Report numbers.
(2) Accept, investigate and complete any sexual orientation discrimination or harassment complaint that is referred from a department EEO Counselor.
(3) Maintain custody of completed sexual orientation discrimination and harassment complaint investigations.
(4) Maintain a copy of each completed sexual orientation discrimination or harassment complaint investigation report in secure storage in City filing facilities for no less than five years.
(5) Advise EEO Counselors on sexual orientation complaint intake and investigation.
(6) Ensure that the posting notification containing the name and phone number of the City Sexual Orientation Counselor is maintained, accurate and conspicuous in all City Department Offices, and promptly compile a written report for the Personnel Department General Manager and the City Board of Civil Service Commissioners of any locations where postings have been removed.
(k) The City also has a Sexual Orientation Coordinator, which position is situated in the City’s Personnel Department. The Sexual Orientation Coordinator’s areas of responsibility include training and policy and procedure development for the City on issues related to sexual orientation. The Sexual Orientation Coordinator, in cooperation with the Sexual Orientation Counselor, shall provide training to department EEO Counselors on conducting sexual orientation complaint investigations.
(l) It is the responsibility of City Management to take necessary steps to prevent sexual orientation discrimination, and when a complaint is made, has been investigated, and found to exist, to remedy any sexual orientation discrimination that is discovered.
(m) It is the responsibility of the Personnel Department to ensure that the operating departments are in compliance with the Sexual Orientation Discrimination Complaint Procedures, and to monitor said compliance on an ongoing basis.
SECTION HISTORY
Added by Ord. No. 180,189, Eff. 10-26-08.
