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Wiki source code of AA 02 Employment

Last modified by Ryan Larkin on 2021/11/10 16:44
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Ryan Larkin 1.1 1 **Washington County Sheriff's Office**
2
3 **ADMINISTRATIVE DIVISION**
4
5 Policy Manual
6
7
8 Volume: AA
9
10 Organization
11
12 Chapter: 02
13
14 Employment
15
16
17 Replaces and/or Supersedes:
18
19 PC 04
20
21 Published:
22
23 11/28/2011
24
25 Review Date:
26
Ryan Larkin 3.1 27 11/10/2021
Ryan Larkin 1.1 28
29
30 Sheriff Cory C. Pulsipher
31
Ryan Larkin 3.1 32 Undersheriff Nate Brooksby
Ryan Larkin 1.1 33
34
35 __**TABLE OF CONTENTS**__
36
37 AA 02_101 Definitions
38
39 AA 02_102 References
40
41 AA 02_103 Disabled Persons
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43 AA 02_104 Gender
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45
46 **AA 02_101 __DEFINITIONS__**
47
48 1. WCSO: Washington County Sheriff's Office
49 1. PCF: Purgatory Correctional Facility
50 1. ADA: Americans with Disabilities Act
51 1. Custodial Staff: Employees with responsibilities that include direct supervision and/or surveillance of inmates.
52
53 **AA 02_102 __REFERENCES__**
54
55 1. Utah Sheriffs' Association Jail Standards:
56 11. F02.02.03: Cross-Gender Surveillance
Ryan Larkin 2.2 57 11. N01.01.01: Written Gender-Related Policies and Procedures Required
Ryan Larkin 1.1 58 11. N01.01.02: Content
59 11. N01.02.01: Unlawful Discrimination
60 11. N01.02.02: Bona Fide Occupational Qualification
61 11. O03.01.01: Written Equal Opportunity Policies and Procedures Required
62 11. O03.01.02: Content
63 11. O03.01.03: County Attorney Review
64 11. O03.02.01: General Employment Requirements
65 11. O03.02.02: Qualified Individual with a Disability
66 11. O03.02.03: Qualification Standards, Tests and Other Selection Criteria
67 11. O03.02.04: Medical Testing and Inquiry Restrictions
68 11. O03.02.04: Medical Testing and Inquiry Permitted
69
70 **AA 02_103 __DISABLED PERSONS__**
71
72 1. Policy:
73 11. The WCSO shall require equal employment opportunities for disabled persons consistent with the requirements of the ADA.
74 11. 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.
75 11. 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.
76 11. In the testing, selection, and screening process, it is prohibited to:
77 111. 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
78 111. 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.
79 11. The WCSO may:
80 111. 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
81 111. 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.
82 1. Rationale:
83 11. Equal employment opportunities are required under ADA.
84
85 **AA 02_104 __GENDER__**
86
87 1. Policy:
88 11. In hiring for non-gender-specific positions:
89 111. The WCSO shall not discriminate based on gender; and
90 111. Screening and hiring requirements shall be gender-neutral.
Ryan Larkin 3.1 91 11. 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 Sheriff's Office.
Ryan Larkin 1.1 92 11. WCSO officials shall not, on the basis of gender, unlawfully:
93 111. Fail or refuse to hire an applicant for employment;
94 111. Discriminate against an employee with respect to compensation, terms, conditions, or privileges of employment; or
95 111. 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.
96 11. Custodial staff employment decisions shall balance the equal employment interests against the sexual privacy interests of inmates.
97 1. Rationale:
98 11. Title VII of the 1964 Civil Rights Act provides statutory protection for employees and applicants for employment against unlawful gender-based employment.
99 11. 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.
100 11. 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.
101 11. 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.