Agenda

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County Attorney's Report 10. 2.

BCC Regular Meeting

Action

Meeting Date:	09/06/2018
Issue: Amanda Phillips v. Escambia County Fire Rescue, EEOC Charge No.: 425-2018-00430
From:	Charles Peppler
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning the Approval of the Negotiated Settlement Agreement between the Equal Employment Opportunity Commission and Escambia County, Florida in EEOC Case No.: 425-2018-00430.

That the Board take the following action concerning the proposed Negotiated Settlement Agreement and EEOC Case No. 425-2018-00430:

A. Approve the Negotiated Settlement Agreement between the EEOC and Escambia County, Florida a/k/a Escambia County Fire and Rescue, a copy of which is attached to this recommendation; and

B. Authorize the County Administrator to execute the Negotiated Settlement Agreement.

BACKGROUND:

Amanda Phillips filed a claim of discrimination against Escambia County Fire Rescue which is a division of the Department of Public Safety, based on gender, sexual harassment, hostile work environment and retaliation with the U.S. Equal Employment Opportunity Commission. A settlement was approved by this Board of payment to her of $175,000.00 in exchange for her signing a general release and her withdrawal of the charge of discrimination. This settlement took place, but the EEOC insisted on other terms of a settlement with the County before the EEOC would close its file.

In summary, the EEOC is requiring that the County institute training of all Fire Department employees, including supervisory and management employees, in prohibiting sexual harassment in the work place. The EEOC has also required that our policies include more specific references to those persons with job titles to whom a complaint can be made and how an investigation of a complaint would proceed. The EEOC specifically required that a complaint need not be in writing, but could be verbal to start an investigation. The EEOC is requiring that the training and amended policies be in place within 60 days of the County Administrator executing this agreement. The agreement shall remain in effect for two years from the date that the County Administrator signs.

Reynaldo Velazquez, insurance counsel for the County, has recommended that this agreement be executed as it protects the County in light of the previous settlement with Ms. Phillips and gives the County 60 days in which to institute more detailed procedures for reporting and investigating a complaint of sexual harassment or discrimination and to institute annual training during the life of the agreement.

BUDGETARY IMPACT:

N/A

LEGAL CONSIDERATIONS/SIGN-OFF:

Reynaldo Velazquez, insurance counsel, will follow-up once the Negotiated Settlement Agreement is executed to ensure that the EEOC closes its file and does not engage in any enforcement activity relating to Ms. Phillips' charge.

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

Attachments
Negotiated Settlement Agreement