Compliance Policies: Policy No: 100
Supersedes Policy Date : January 15, 2013
Revised Effective Date: August 30, 2016
100. COMPLIANCE WITH EMPLOYMENT LAWS
Bonner County’s policy is to comply with all applicable federal, state, and local statutes, regulations, ordinances, and policies regarding employment. This includes but is not limited to Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act as amended by the ADA Amendments Act of 2008, the Family Medical Leave Act, the Idaho Human Rights Act, the Fair Labor Standards Act as amended by the Equal Pay Act, the Idaho Wage Claim Act, the Health Insurance Portability and Accountability Act, the Age Discrimination in Employment Act, the Fair Credit Reporting Act, the Employee Retirement Income Security Act, the Consolidated Omnibus Budget Reconciliation Act, the Genetic Information Nondiscrimination Act, as well as various state and local codes and ordinances.
The HR Department has supervisory authority over all Bonner County departments as to the interpretation and application of Federal and State employment regulations.
100.1 EQUAL EMPLOYMENT OPPORTUNITY STATEMENT
Bonner County is committed to a philosophy of equal employment opportunity. That means that all employment decisions, including hiring, promotion, wage classification and other terms, benefits or conditions of employment, transfer, training, discipline, and termination, will be made without regard to race, color, religion, sex, pregnancy, age, national origin, retaliation for protected activity, mental or physical disability, veteran status, or other statuses protected under federal, state, and local law. Employees are expected to adhere at all times to this policy.
100.2 REASONABLE ACCOMMODATION
In compliance with both Title VII of the Civil Rights Act and the Americans with Disabilities Act, as amended, Bonner County is committed to providing qualified applicants and employees with reasonable accommodation, either for a mental or physical disability, or for a sincerely held religious belief that conflicts with their work, absent undue hardship. Requests for accommodation should be made verbally or in writing and should be submitted directly to the Director of Human Resources. Requests should include an identification of the requested accommodation as well as the conflict or job function that poses the need for accommodation.
Once the Director of Human Resources receives such a request, that individual or their designee will engage in an interactive process with the applicant or employee, and may additionally include the supervisor and the individual’s physician in that interactive process. If additional medical clarification is required, the Director of Human Resources will obtain a medical release and will work directly with the physician regarding that request. Any failure by the applicant or employee to participate in this process or to provide necessary information may delay the request for accommodation. The accommodation granted may be any accommodation that is effective and allows the employee to meet the essential functions of their job. The County will assess whether any requested accommodation will cause an undue hardship. For individuals with physical or mental disabilities, the County will also assess whether the employee poses a safety or direct threat to themselves or others.
100.3 VETERAN’S PREFERENCE
Bonner County will accord a preference to employment of veterans of the U.S. Armed Services in accord with provisions of Idaho Code Title 65, Chapter 5 or its successor. In the event of equal qualifications for an available position, a veteran or family member who qualifies for preference pursuant to I.C. § 65-503, or its successor, will be employed. Under certain circumstances, the widow, widower, spouse, or parent of a veteran may also be entitled to veteran’s preference pursuant to I.C. § 65-503.
100.4 PREFERENCE FOR HIRING FROM WITHIN
Qualified individuals who are already employees of Bonner County may be given preference over outside applicants to fill vacancies in the work force. Internal applicants must comply with the pre-hiring practice procedures and submit an application for consideration for any internal posting.
100.5 EMPLOYEE SELECTION AND ONBOARDING
Bonner County’s obligation and commitment is to comply with applicable federal, state, and local statutes, regulations, ordinances, and policies regarding selection and onboarding of employees. Employees of Bonner County are to be selected and on boarded in a manner that accomplishes the legal and operational duties established by law and by the policy choices of the County’s Elected Officials. Although the Board of County Commissioners is responsible for setting general County employment policy, including establishing and overseeing compliant selection and onboarding policies and practices, individual Elected Officials have authority to select employees based upon consideration deemed appropriate to accomplish the public goals for which they were elected.
Each Department Head and/or Elected Official agrees that all newly selected applicants must fully comply with the Pre-Hire and Onboarding Practices policy (Policy No: 200) in order to assure Bonner County’s compliance with applicable employment laws. Applicants who do not comply fully with that policy will not be funded and hired as a County employee until that process is complete.
100.6 HIPAA COMPLIANCE
Bonner County is committed to following the Federal Privacy Rules, Title XI/42 U.S.C., 1301 (et. seq.) the Health Insurance Portability and Accountability Act of 1996 (HIPAA), an amendment to the Employee Retirement Income Security Act (ERISA) under the Department of Health and Human Services requiring that a Privacy Compliance Officer be appointed who has the duty and responsibility of developing and implementing a Privacy Plan and its associated privacy and procedures policies, and in overseeing, training, and informing designated Privacy Contacts for the purpose of protecting privacy and security of health information and establishing unique health records. The Human Resources Director has been designated as the Privacy Compliance Officer.
100.7 IMMIGRATION REFORM AND CONTROL ACT
Bonner County is committed to compliance with the Immigration Reform and Control Act. Individuals must complete Section 1 of the Employment Eligibility Verification form (I-9 form) at the time that they complete the Onboarding Process with Human Resources. All employees must complete the remaining sections of the I-9 form within three (3) business days of employment, and failure to complete the remainder of the form will mean that the employee may not continue to work at Bonner County. Bonner County’s Human Resource department will certify the I-9 form. Additionally, in compliance with Idaho Executive Order 2009-10 and subsequent guidance, as well as a matter of best practices, Bonner County is an E-Verify employer, which means the County submits information to the federal government to match new hires with government records to ensure that the new hire is authorized to work in the United States.
100.8 JUDICIAL CONFLICT
The Clerk of the District Court is a Judicial Office. As such, there are times when this policy and procedure manual and the duties and responsibilities of that position could be in conflict with judicial procedures. In those instances, the duties and responsibilities of the judicial functions of the office of the Clerk of the District Court will take precedence over those policies established by this policy and procedure manual. The Clerk of the District Court will notify the Board of County Commissioners of any conflicts.
100.9 NEPOTISM / HIRING OF RELATIVES
No person shall be employed by Bonner County when said employment would result in a violation of provisions found in Idaho Code, including but not limited to I.C. § 59-701 et. seq., I.C. §18-1359 and their successors. Any such appointment made in violation of these sections may be void. The appointment or employment of the following persons is prohibited:
An employee whose relative is subsequently elected may be eligible to retain his/her position and pay increases as allowed in I.C. §18-1359(5).