Section 192-4-005 - The Work Place005.01.EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION STATEMENT. Each employee regardless of title is expected to make a good faith effort to carry out this understanding and demonstrate appropriate behavior. Disparaging remarks, actions or materials making reference to race, religion, national origin, disability, color, gender, age, marital status or sexual orientation will not be tolerated. New employees will receive a copy of this statement, as one step in confirming the significance these values have in the workplace. Disciplinary action may be imposed for any such behavior in accordance with the applicable labor contract and/or Personnel Rules.005.02. NCBVI is committed to a future that is inclusive of all who can provide the knowledge, skills, abilities, ideas and efforts needed to make our vision a reality.005.03.EQUITY AND DIVERSITY POLICY. We recognize, encourage, utilize, and value people's similarities and differences to carry out our mission. Therefore, all employees are expected to incorporate NCBVi's Equal Opportunity and Affirmative Action Statement and Equity and Diversity Policy as an integral and visible way we do our work. 005.03A. Specifically, we expect that each employee will:005.03A1. Treat all people with respect and dignity, and005.03A2. Foster a culture that invites and values the rich diversity among our employees and the people we serve.005.03B. Adherence to NCBVI Equal Employment Opportunity and Affirmative Action Statement and Equity and Diversity Policy is a part of the overall basis for evaluating the performance of administrators, managers, and supervisors. The leadership of NCBVI will enforce the principles set forth in this policy in appropriate ways and in a timely manner.005.04.WORK PLACE HARASSMENT AND DISCRIMINATION POLICY.005.04A.WORK PLACE HARASSMENT is based, in whole or in part, on race, color, gender, religion, age, disability, national origin, or sexual orientation and is manifested in the form of unwelcome comments, jokes, printed or electronic material and/or unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature, or display of materials and/or the utterance of offensive comments in the work place that are derogatory towards a group or individual.005.04B.DIRECTIVES TO SUPERVISORS. Work place harassment can and does create a negative work environment which affects productivity, efficiency, work attendance, and turnover in staff, in addition, allegations of such harassment which are not appropriately responded to place both NCBVI and the State of Nebraska in a position of potential liability to the victim of harassment. Therefore, each member of management is expected to carry out this policy within his/her area of responsibility. All supervisors must report any complaint alleging work place harassment or any unreported inappropriate behavior that the supervisor observes to the NCBVI Business Office, who must report this information to the Executive Director. This report will be provided in writing to NCBVI-AA/EEO (Affirmative Action/Equal Employment Opportunity) designee (NCBVI Business Manager) within five working days of the alleged incident(s). Failure to do so will be considered a violation of this policy and will be just cause for corrective or disciplinary action. 005.04B1. Any supervisor receiving a complaint alleging work place harassment will also be obligated to immediately notify the complainant of his/her rights concerning the pursuit of such allegations by giving the complainant a copy of the policy. Complainants and other persons involved in the investigation will not be subjected to retaliation, coercion, intimidation, or fear of reprisal. Since investigations of alleged work place harassment are personnel matters, persons involved shall maintain appropriate confidentiality. Information concerning a complaint will not be released to anyone who is not a party to or involved in the investigation.005.04B2. All complaints will be handled in a timely and confidential manner. Information concerning a complaint will not be released to anyone who is not a party to or involved in the investigation. Complainants and other persons involved in the investigation of an allegation of work place harassment will not be subjected to retaliation, coercion or intimidation, or fear of reprisal. Such actions, in addition to any employee breaching confidentiality on information obtained as a result of a work place harassment complaint, are subject to disciplinary action.005.05.NOTIFICATION. All employees are to receive a copy and explanation of this policy at the time of hire. All employees will be required to sign an acknowledgment of receiving this information.005.06.DISABILITIES AND ACCOMMODATIONS. State and federal law prohibits discrimination against people with disabilities in every aspect of employment. Discrimination in employment actions include recruitment, selection, hiring, separations, job related reasonable accommodations and any other terms, conditions and/or privileges of employment.005.07.REASONABLE ACCOMMODATION GUIDELINES. NCBVI-has a responsibility to provide reasonable accommodation to allow otherwise qualified persons with disabilities to participate in our workforce. This accommodation must be provided unless doing so would create an undue hardship for NCBVI.005.08.DISABILITY. An employee may be considered to have a disability if the employee has a physical or mental impairment that substantially limits one or more major life activities, if the employee has a record of such impairment, or if the employee is regarded as having such impairment. Major life activities include things such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning or working. Employees who experience disabilities are protected from discrimination, in addition, discrimination against an employee on the basis of association with a person who experiences a disability is prohibited. 005.08A.REQUEST. An employee may request an accommodation at any time. NCBVI may ask for information supporting the request from the employee's physician or another appropriate source. If information is requested, the supervisor shall discuss this with the employee in advance and provide the employee with a copy of any correspondence sent to a third party.005.09.DRUG FREE WORK PLACE POLICY. NCBVI supports the Drug Free Work Place Act of 1988 and unequivocally endorses the philosophy that the work place should be free from the detrimental effects of illicit drugs. 005.09A. It is the policy of NCBVI that unlawful manufacture, distribution, dispensation, possession, use, or being under the influence of a controlled substance or alcohol in the work place is prohibited. Any employee who violates this policy will be subject to discipline up to and including dismissal, referred to a law enforcement agency, and/or may be required to successfully complete an approved drug abuse program sponsored by a private or governmental institution. 005.09A1. The term "controlled substance" means any drug listed in 21 U.S.C. 812 and other federal regulations. Such drugs also include legal drugs that are not prescribed for the person using them.005.09A2. Employees may be subject to drug and alcohol testing in conformance with Chapter 48, Article 19 of the Revised Statutes of Nebraska when there is reasonable cause to believe the employee is using or under the influence of a controlled substance or alcohol while on duty or on work premises. Reasonable cause includes, but is not limited to, observable signs of intoxication (such as bloodshot eyes, slurred speech, or unsteady movement); a work-related accident or near accident which indicates employee fault; or credible information received from a reliable person with first-hand knowledge. A positive test result that has been confirmed in compliance with Chapter 48, Section 1903 of the Revised Statutes of Nebraska may result in disciplinary action in conformance with the applicable collective bargaining agreement, state statutes, regulations, or rules.005.09B. An employee of NCBVi is required by the Drug Free Work Place Act of 1988 to inform the agency within five (5) days after being convicted for violation of any federal or state drug offense criminal statutes, where violation occurred while on the work premises or while the employee was representing in an official capacity. A conviction means a finding of guilt, including a plea of nolo contendere (no contest), or the imposition of a sentence by a judge or jury in any federal or state court. 005.09C. The Drug Free Work Place Act of 1988 specifies that the agency head or designee of NCBVI must notify the U.S. Government agency from which any funding is received, either through contract or grant, within ten days after receiving notice from an employee or otherwise receiving actual notice of a conviction.005.09D. Any contractor/vendor doing business with NCBVI must have on file a written drug free work place policy with the state Purchasing Department. A contractor/vendor's failure to comply with this policy will result in violation of the contract and/or removal from the state Vendor List.005.10.PROCEDURES. All employees will receive a copy of this policy at the time of hire, and will sign an acknowledgment of receiving the information. 005.10A.REASONS FOR IMPOSING DISCIPLINARY ACTION. Unlawful manufacture, distribution, dispensation, possession or use of a controlled substance or alcoholic beverage in the workplace, or reporting for duty under the influence of alcohol and/or unlawful drugs will constitute reason for imposing disciplinary action.192 Neb. Admin. Code, ch. 4, § 005
Amended effective 7/2/2019