A. STATEMENT OF POLICY
It is the policy of LANC and its Board of Directors not to discriminate against any person in matters of employment on any basis prohibited by law. No employee or applicant for employment shall be discriminated against in matters of employment opportunity, hiring, compensation, fringe benefits, promotional opportunities, access to training and educational programs or other terms and conditions of employment on the basis of sex, race, color, national origin, religion, age, disability, marital or familial status, union activity, sexual orientation or other basis prohibited by law. No employee shall be subject to sexual harassment. Reasonable accommodations shall be made for employees with disabilities as set out below.
LANC desires to have a work force that is diverse and inclusive with respect to sex, race, national origin, religion, age, disability and other appropriate characteristics, especially those characteristics that are prevalent in LANC's client community. Recruiting, hiring and other employment practices of LANC shall be designed to promote and maintain such diversity. It shall be the goal of the organization to promote and maintain a high level of diversity in all of its offices. Each LANC office shall strive to reflect the diversity of the community in which it is located.
3. Sexual Harassment
Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when submission to such conduct is explicitly or implicitly made a term or condition of employment or is used as a basis of employment decisions or such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment. Employees who believe they have been subjected to sexual harassment should report the act to their Managing Attorney, Senior Managing Attorney, Regional Managing Attorney or the Executive Director. Any complaint relating to the Executive Director should be reported to the Chairperson of the LANC Board Personnel Committee.
4. Accommodations for Disabled Employees
Reasonable accommodations shall be made to the known physical or mental limitations of an otherwise qualified employee with a disability unless to do so would impose an undue hardship on LANC's operations. An employee who believes that he or she has a physical or mental limitation for which an accommodation should be made should notify his or her Managing Attorney, Senior Managing Attorney, Regional Managing Attorney or the Executive Director of the limitation and the accommodation that is desired.
B. RESPONSIBILITY FOR EEO POLICY
1. Board of Directors
The Board of Directors has overall responsibility for adoption, revision and oversight of the LANC Equal Employment Opportunity Policy.
2. Personnel Committee
The Personnel Committee of the Board of Directors has responsibility for periodic review of LANC employment practices to ensure that the Equal Employment Opportunity Policy is observed.
3. Executive Director
The Executive Director has responsibility for the designation of the Equal Employment Opportunity Officer, and implementation of the LANC Equal Employment Opportunity Policy including any procedures and Affirmative Action Plan that may be adopted pursuant to this policy.
4. Equal Employment Opportunity Officer
Designated by the Executive Director, the Equal Employment Opportunity Officer has responsibility for presenting the report to the Executive Director and the Personnel Committee of the Board of Directors for its annual EEO Review and to act as a resource on LANC's EEO Policy and any Affirmative Action Plan that may be adopted.
C. RESOLUTION OF EEO COMPLAINTS
Any grievance alleging a violation of this policy may be presented for resolution under the LANC Employee Grievance Procedure.
2. Applicants for Employment
An applicant for employment by LANC who is not hired and who asserts to the Executive Director of LANC that the decision not to hire him or her was based upon discrimination prohibited by the LANC Equal Employment Opportunity Policy shall be informed that he or she may present the claim of discrimination to the Board of Directors Personnel Committee pursuant to the LANC Employee Grievance Procedure. The appeal shall be limited to the claim of discrimination, and may not generally address the propriety of the hiring decision made by the hiring committee or the Executive Director, except to the extent relevant to the claim of discrimination.
3. No Retaliation
Any incident of discrimination or harassment should be reported in confidence to the employee's Managing Attorney, Senior Managing Attorney or Regional Managing Attorney so that an immediate investigation can be conducted. An employee may also directly contact the Executive Director or the Chairperson of the Board Personnel Committee. Allegations of discrimination shall be handled in accordance with the grievance procedures established pursuant to this Policy. There shall be no retaliation against any employee for reporting incidents of discrimination or harassment or for providing information regarding an incident reported by another employee.
D. ANNUAL EEO REVIEW AND AFFIRMATIVE ACTION PLAN
1. Annual Report
At least once each year, the Equal Employment Opportunity Officer, at the request of the Executive Director shall present a report to the Personnel Committee of the Board of Directors including at least the following information: (1) a statistical analysis of LANC's work force at the time of the report, showing proportions of the work force by race, sex and age for the entire staff at each LANC office location, and for each of the following job categories: (a) attorneys, (b) paralegals, volunteer coordinators, and non‑attorney supervisory, managerial or administrative staff, and (c) non‑supervisory support staff; (2) most recent data regarding race, sex, and age demographics for each LANC office location; (3) a statistical analysis of new permanent hires to the work force, and voluntary and involuntary departures from the work force, for the period since the date of the last report, by race, sex and age for each of the job categories described above at each LANC office location; (4) an analysis of accessibility of each office and outreach site to the disabled; (5) a case summary of each grievance by any applicant for employment or employee which raises a claim of discrimination, including a statement of the claim and status or resolution of the grievance; and (6) any recommendations that the Committee or Board take action pursuant to or amend the Equal Employment Opportunity Policy.
2. Personnel Committee Review
The Personnel Committee of the Board of Directors shall review the Annual Report, and shall request and review such other information as it deems appropriate. If the Committee determines that the proportion of minorities and women in the LANC work force at the time of the report or the number of minorities and women entering or departing from LANC employment since the last report is not consistent with LANC's EEO policy, it shall review the recruiting, hiring, training and promotional practices to determine if discrimination has occurred and make a plan for Affirmative Action based upon the evaluation described above, to eliminate the discriminatory practices which have been identified.
3. Board of Directors Review
At the conclusion of its review, the Personnel Committee shall report on the status of EEO to the Board of Directors, including any recommendations that the Board take action pursuant to or amend the Equal Employment Opportunity Policy, or that any Affirmative Action Plan developed as set out above be adopted. If an Affirmative Action Plan is adopted by the Board, the Executive Director shall implement the plan and shall report on the status of the plan to the Personnel Committee of the Board on a periodic basis, not less than annually, and to the full Board on request.
* * *LAST UPDATED: February 13, 2004
Note: This policy was recommended by the personnel committee of Legal Aid of North Carolina's board of directors and adopted by the full board on February 13, 2004.