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AA 02  Employment

Version 2.3 by Ryan Larkin on 2019/05/13 17:14

Washington County Sheriff's Office

ADMINISTRATIVE DIVISION

Policy Manual

Volume: AA

Organization

Chapter: 02

Employment

Replaces and/or Supersedes:

PC 04

Published:

11/28/2011

Review Date:

05/13/2019

Sheriff Cory C. Pulsipher

Undersheriff James Standley

TABLE OF CONTENTS

AA 02_101  Definitions

AA 02_102  References

AA 02_103  Disabled Persons

AA 02_104  Gender

AA 02_101  DEFINITIONS

  1. WCSO:  Washington County Sheriff's Office
  2. PCF:  Purgatory Correctional Facility
  3. ADA:  Americans with Disabilities Act
  4. Custodial Staff:  Employees with responsibilities that include direct supervision and/or surveillance of inmates.

AA 02_102  REFERENCES

  1. Utah Sheriffs' Association Jail Standards:
    1. F02.02.03:  Cross-Gender Surveillance
    2. N01.01.01:  Written Gender-Related Policies and Procedures Required
    3. N01.01.02:  Content
    4. N01.02.01:  Unlawful Discrimination
    5. N01.02.02:  Bona Fide Occupational Qualification
    6. O03.01.01:  Written Equal Opportunity Policies and Procedures Required
    7. O03.01.02:  Content
    8. O03.01.03:  County Attorney Review
    9. O03.02.01:  General Employment Requirements
    10. O03.02.02:  Qualified Individual with a Disability
    11. O03.02.03:  Qualification Standards, Tests and Other Selection Criteria
    12. O03.02.04:  Medical Testing and Inquiry Restrictions
    13. O03.02.04:  Medical Testing and Inquiry Permitted

AA 02_103  DISABLED PERSONS

  1. Policy:
    1. The WCSO shall require equal employment opportunities for disabled persons consistent with the requirements of the ADA.
    2. Persons with disabilities must, subject to the requirements of the ADA, meet the same qualifications, criteria, and tests as non-disabled persons for the position being applied for. Discrimination on the basis of disability against qualified individuals with disabilities is prohibited.
    3. Qualification standards, employment tests, or other selection criteria should not be used to screen out persons with disabilities on the basis of disability, unless the standard, test, or other selection criteria is shown to be job-related for the position in question and is consistent with business necessity.
    4. In the testing, selection, and screening process, it is prohibited to:
      1. Conduct a medical examination of an applicant or to make inquiries as whether an applicant is an individual with a disability or as to the nature or severity of such disability; or
      2. Require a medical examination of an employee or make an inquiry as to whether an employee is an individual with a disability or as to the nature or severity of such disability.
    5. The WCSO may:
      1. Make pre-employment inquires into the ability of an applicant to perform job-related functions, and/or may ask an applicant to describe how, with or without reasonable accommodation, the applicant will be able to perform job-related functions; and
      2. Require a medical examination and/or inquiry after making an offer of employment to a job applicant and before the applicant begins his employment duties, and may condition an offer of employment on the results of the examination or inquiry, if all entering employees in the same job category are subjected to such an examination or inquiry.
  2. Rationale:
    1. Equal employment opportunities are required under ADA.

AA 02_104  GENDER

  1. Policy:
    1. In hiring for non-gender-specific positions:
      1. The WCSO shall not discriminate based on gender; and
      2. Screening and hiring requirements shall be gender-neutral.
    2. For gender-specific positions, the positions and their bona fide occupational qualifications that justify the lawful discrimination shall be identified. WCSO officials may lawfully discriminate on the basis of gender in hiring and employing staff on the basis of gender in those certain instances where gender is a bona fide occupational qualification reasonably necessary to the lawful operation of the jail.
    3. WCSO officials shall not, on the basis of gender, unlawfully:
      1. Fail or refuse to hire an applicant for employment;
      2. Discriminate against an employee with respect to compensation, terms, conditions, or privileges of employment; or
      3. Limit, segregate, or classify employees or applicants for employment in any manner that would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect the individual’s status as an employee.
    4. Custodial staff employment decisions shall balance the equal employment interests against the sexual privacy interests of inmates.
  2. Rationale:
    1. Title VII of the 1964 Civil Rights Act provides statutory protection for employees and applicants for employment against unlawful gender-based employment.
    2. Title VII of the 1964 Civil Rights Act permits gender-based discrimination in employment practices when a bona fide occupational qualification exists. Bona fide occupational qualifications are those qualifications which are reasonably necessary to the normal operations of the jail; however, the bona fide occupational qualification is intended to be a narrow exception to the general prohibition against discrimination.
    3. Equal employment opportunities for officers and candidates for employment are required by federal law. It is unlawful for an employer to fail or refuse to hire or to discharge anyone or to discriminate with respect to compensation, terms, conditions, or privileges of employment, on the basis of gender. Applicants or employees shall not be deprived of employment opportunities, nor shall their employment status be adversely affected as a result of gender.
    4. The courts have ruled that women must be permitted to work in corrections, even with male inmates, on virtually the same basis as male staff members.