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Section 4. Grievance and Adverse Action A eal Procedure - Discrimination <br />General County Employee Any applicant for County employment, County employee or former County <br />employee who believes that employment, promotion, training or transfer was denied him or her or that <br />demotion, lay off, or termination of employment was forced upon him or her because of his or her age, color, <br />disability, genetic information, national origin, political affiliation, race, religion, or sex, except where <br />specific age, sex, or physical requirements constitute a bona fide occupational qualification necessary for proper <br />and efficient administration, shall have the right to appeal directly to the Human Resources Director or County <br />Manager. An employee also has the right to appeal using the grievance procedure outlined in Section 3 of this <br />Article. An employee or <br />alle alleged act or the date he or she should have become aware within 0 calendar days after <br />f it <br />becoming aware of the g <br />State Personnel Act Employ An applicant for County employment, County employee, or former County <br />employee who has reason to believe that employment, promotion, training, or transfer was denied him or her, or <br />that demotion, lay off, or termination of employment was forced upon him or her because of his or her age, <br />color, disability, genetic information, national origin, political affiliation, race, religion, or sex, except where <br />specific age, sex, or physical requirements constitute a bona fide occupational qualification necessary for proper <br />and efficient administration, shall have the right to appeal directly to the State Personnel Commission for a <br />hearing by the Office of Administrative Hearings (see previous section for address and phone number) and a <br />decision by the State Personnel Commission or the employee has the right to appeal using the grievance <br />procedure outlined in Section 3 of this Article. An employee or applicant must appeal an alleged act of <br />discrimination within 30 calendar days after becoming aware of the alleged act or the date he or she should have <br />become aware of it. <br />(Note: Should there be any conflict with the above, grievances alleging discrimination will follow the <br />provisions of the State Personnel Act currently in effect). <br />Section 5. Protection of Com lainants Em to ees Witnesses and Re resentatives <br />from In terference, Harassment Intimid an Reprisal <br />Each employee shall be free from any and all restraint, interference, coercion, or reprisal on the part of County <br />employees and /or other persons when making any complaint or appeal, in serving as representative of an <br />appellant, in appearing as a witness, or in seeking information in accordance with these procedures. The above <br />principles apply with equal force after a complaint has been resolved. Should these principles be violated, the <br />facts shall be brought to the attention of the Human Resources Director or County Manager by the appellant, the <br />appellant's representative or the person affected so that the appropriate remedial action may be taken. <br />Section 6 Back Pay Awar <br />Back pay and benefits may be awarded to reinstated employees in suspension, demotion, dismissal, and <br />discrimination cases. <br />34 <br />Attachment number 5 <br />F -2 Page 68 <br />