1) Community Care shall recruit, hire, upgrade, train,
and promote, for all employment positions, without regard to race, color,
religion, sex, sexual orientation, natural origin, ancestry, age, disability
(physical and mental handicap) or the potential employee's prior assertion of
rights under the Worker's Compensation Act or the Whistleblower's Protection
Act except where based on bona fide occupational qualifications.
2) All personnel actions, including but not limited to compensation,
benefits, layoffs, discipline, etc., shall be administered without regard to
race, color, religion, sex, sexual orientation, natural origin, ancestry, age,
or disability (physical and mental handicap) or the potential employee's prior
assertion of rights under the Worker's Compensation Act or the Whistleblower's
Protection Act.
3) The Board of Directors, Executive Director,
management, and all other providers share in the responsibility to make every
good faith effort to achieve and maintain a workforce population that truly
represents the population from which it is drawn.
4) Community Care will take positive steps to actively
employ and advance in employment qualified handicapped persons, disabled
veterans, and other minorities at all levels of employment, including the
management level. Such action will apply to all employment practices,
including, but not limited to: recruitment, hiring, upgrading, demotion or
transfer, layoff or termination, compensation, benefits, training, etc.
5) Community Care will make reasonable accommodations to
the physical and mental limitations of all providers unless the accommodation
constitutes an undue hardship on Community Care.
6) To ensure both internal and external awareness of
Community Care of Maine's commitment to the principles of equal employment
opportunity and affirmative action, the following steps will be implemented:
i)
This policy, along with
the name of the Affirmative Action Officer and Equal Employment Officer
(E.E.O./A.A), will be posted in a conspicuous place in all Community Care
facilities.
ii)
All personnel
responsible for screening, selecting, hiring, and promotion of applicants or
providers will be issued written guidelines providing for uniform procedures
for compliance with this policy.
iii)
Copies of this policy
will be available for review at the request of any community person or client.
iv)
Copies of this policy
will be forwarded to all federal and state funding sources.
v)
All recruitment and
personnel advertisements for employment opportunities not filled in-house will
include the notation "E.E.O./A.A. Employer".
vi)
Recruiting sources will
be notified of this policy and will be encouraged to refer minorities, females,
handicapped individuals, and veterans.
7) The Executive Director is responsible for the
implementation of this policy in all levels of operation within Community Care.
(S)he will be assisted in this endeavor by the E.E.O. and A.A. Officer and
Human Resources Coordinator to ensure operation and success of this policy.
8) Responsibilities of the E.E.O. and A.A. Officer will
include:
i)
To be informed of
current equal opportunity laws and regulations.
ii)
To supervise the
dissemination and implementation of this policy, both internally and
externally.
iii)
To implement
auditing/reporting systems which will measure the effectiveness of this policy
and Community Care efforts to fulfill the intent of this policy and provide for
early identification of problem areas.
iv)
To hear, investigate,
and attempt to resolve any grievances relating to equal opportunities or
affirmative action, and to monitor any resulting remedial actions.
v)
To carry out other tasks
necessary to ensure Community Care compliance with relevant laws and
regulations, and to attain the goals and objectives of this policy.
9) Any violation of this policy, or the practice of
discrimination by any provider, including any in an administrative or supervisory
role, shall be considered misconduct and grounds for disciplinary action, up to
and including termination of employment.
10) Any person who feels (s)he has been discriminated
against in any of the employment practices of Community Care is requested to
contact the E.E.O./A.A. Officer (whose name can be found in the legal postings
at each area office or by contacting Human Resources).
11) The following internal complaint procedure provides
for prompt and equitable resolution of complaints of providers alleging any
action prohibited by federal regulations implementing Section 504 of the
Rehabilitation Act of 1973 as amended (20 U.S.C.'s 794). Section 504 provides
that no otherwise qualified handicapped individual shall, solely by reason of
handicap, be discriminated against in regard to hiring, upgrading, training,
and promoting in all employment positions. Community Care affirms its
commitment to provide reasonable accommodation for handicapped providers. Internal
complaint procedures:
i)
A complaint must be
filed either verbally or in writing within 180 days of the alleged violation
with the Community Care E.E.O./A.A. Officer (504 Coordinator), contain the name
and address of the person filing it, and describe the action alleged to be
prohibited by the regulations.
ii)
The Community Care
E.E.O./A.A. Officer (504 Coordinator) or his/her designee shall conduct an
investigation to determine the validity of the complaint.
iii)
The investigation shall
include an opportunity for the complainant, by requesting an informal
conference within 30 days of filing the complaint, to confront the person(s)
responsible for the action complained against.
iv)
The E.E.O./A.A. Officer
(504 Coordinator) shall, immediately upon the receipt of the complaint, inform
the complainant in writing to his/her right to request a conference.
v)
If the complainant
requests and participates in a conference, (s)he shall have an opportunity to
present evidence and arguments on all issues, to cross examine any person
present and testifying, and to be represented at the conference.
vi)
The E.E.O./A.A. Officer
(504 Coordinator) shall be responsible for creating and maintaining a record or
report of the conference.
vii)
If the complainant does
not request a conference, (s)he shall retain the right to present evidence such
as documents and written statements to the E.E.O./A.A. Officer (504
Coordinator) for consideration during the investigation.
viii)
The E.E.O./A.A. Officer
(504 Coordinator) shall provide Community Care's Executive Director a written
report of the findings of the investigation, including the record or report of
the informal conference, if such a conference occurred.
ix)
The Community Care
Executive Director shall issue a written decision within 60 days of the date
the complaint was filed describing what action, if any, (s)he will take
regarding the complaint.
12) No board member, management, or other employee may
intimidate, threaten, coerce, harass or discriminate against any provider
seeking recourse under this procedure or through any outside agency.
13) The E.E.O./A.A. Officer (504 Coordinator) shall
maintain the 504 complaint files of Community Care for two years.
14) This 504 complaint procedure does not preclude other
avenues of relief for the complainant such as the Office of Civil Rights or the
Maine Human Rights Commission (207-624-6050 or TDD 207-624-6054). The provider
has the right to file a complaint at any time during 180 days from the date of
occurrence or the provider's knowledge of the occurrence.