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3 <br /> ORD-2025-030 Attachment 1 <br /> Sec. 28-12. Workplace harassment. <br /> (a) General. Every person is entitled to the right to work in an environment free from the damaging effects of <br /> unlawful harassment,including sexual harassment.Therefore, it is the policy of Orange County Government <br /> that unlawful harassment will not be tolerated.Orange County affirms its commitment to take appropriate <br /> action against individuals engaging in unlawful harassment,and against supervisory and managerial <br /> personnel who knowingly allow it to continue. <br /> (b) Definition. Workplace harassment infringes on an employee's right to a safe and secure work environment. <br /> This policy prohibits harassment in the workplace as related to a person's race, religion,color, national <br /> origin,disability,age,sexual orientation,or any other basis prohibited by law, including sexual harassment. <br /> Orange County will take appropriate action to address any violations of this policy Harassment includes any <br /> unwelcome verbal, physical and visual conduct intended to demean, ridicule, degrade,offend,or intimidate <br /> another person. <br /> (1) Conduct constitutes workplace harassment when: <br /> a. Submission to such conduct is made either explicitly or implicitly a term or condition of <br /> employment;or <br /> b. Submission to or rejection of such conduct by an individual is used as a basis for employment <br /> decisions affecting such an individual;or <br /> C. Such conduct has the purpose or effect of unreasonably interfering with an individual's work <br /> performance or creating an intimidating, hostile or offensive working environment. <br /> (2) Sexual harassment includes unwelcome sexual advances, requests for sexual favors and other verbal or <br /> physical conduct of a sexual nature. Examples of sexual harassment may include, but are not limited to, <br /> intentional physical contact(touching, patting, pinching),verbal abuse(offensive jokes, requests for <br /> sexual favors,demeaning statements)and taking employment action on the basis of sexual <br /> consideration.Sexual harassment does not include conduct welcomed by the recipient,or social <br /> interactions and relationships entered into freely by County applicants or employees. <br /> (c) Complaint Procedure. <br /> (1) Any employee or applicant who feels they have been the subject of workplace harassment or any <br /> employee who has witnessed an incident of workplace harassment should make an immediate report <br /> to the Orange County Human Resources Director,without fear of retaliation. <br /> a. The Human Resources Department is located at 131 W. Margaret Lane,3rd Floor, Hillsborough, <br /> NC 27278. <br /> b. Use of this compliant process does not preclude anyone from filing a complaint with an outside <br /> agency such as the United States Equal Employment Opportunity Commission. <br /> (2) Orange County will not permit retaliation of any kind against anyone who makes or purses a complaint <br /> of workplace harassment,or against anyone who participates in an investigation of a complaint. <br /> (3) This complaint procedure is intended to ensure that concerns about harassment are addressed <br /> uniformly and directly,and that complaints are investigated in a matter fair to all involved parties. <br /> (d) Complaint Review. <br /> (1) When any grievance or complaint of workplace harassment is received,a prompt and impartial <br /> investigation will be made.The investigation will include including a review of the entire record and the <br /> totality of the circumstances to determine if any sexual harassment occurred, including, but not limited <br /> to questions to the complainant,the alleged offender,and any witnesses. <br />