Montgomery County Seal!RESOLUTION NO. 80 of 2016

DATED: April 26, 2016


Resolution by Legislator:   Purtell
Seconded by: Isabel

WHEREAS, New York State Law,  states that the duty of public employers is to develop and implement programs to ensure that public employers maintain a work environment which is free from unlawful discrimination.  Revisions have been made to ensure that our DISCRIMINATION AND HARASSMENT Policy contain the required elements; and

WHEREAS, the Personnel Officer, in conjunction with Roemer Wallens Gold & Mineaux LLP, has recommended changes to the policy; and

WHEREAS, specifically added are the following additional bases upon which employment discrimination is prohibited under the New York State Human Rights Law: military status, marital status, domestic violence victim status, predisposing genetic characteristics, and familial status.  The Policy has been revised to clarify that discrimination or harassment on the basis of sex includes gender identity and transgender status, in accordance with the regulations promulgated by the New York State Division of Human Rights. Finally, the Policy has been revised to prohibit discrimination on the basis of “genetic information” in accordance with the federal Genetic Information Nondiscrimination Act of 2008.  

WHEREAS, additional revisions were made to the County’s reporting and complaint investigation procedure to ensure that complaints of discrimination, harassment and retaliation are received by County Department Heads, or directly by the County Personnel Officer. These revisions are made to ensure that complaints are addressed consistently and effectively at the appropriate level of County management. The policy has been revised to clarify the responsibilities of managers and supervisors at all levels in facilitating the County reporting and complaint investigation procedures

RESOLVED, that the Montgomery County Legislature hereby adopts the Revised Montgomery County DISCRIMINATION AND HARASSMENT policy attached hereto and made part of this resolution.


RESOLUTION VOTE, passed with Aye(8). Legislator Wheeler was absent. (4/26/2016)

Discrimination and Harassment Policy
Statement of Legislative and Financial Impact:

I. Nature of Request:

The goal of the DISCRIMINATION AND HARASSMENT policy is to maintain a work environment which is free from unlawful discrimination.  As such, revisions have been made to ensure that our DISCRIMINATION AND HARASSMENT Policy contains all the required elements. Additional revisions were made for housekeeping purposes.

II. Justification:

It is the County’s policy to provide and maintain a work environment which is free from unlawful discrimination, harassment and retaliation in accordance will all applicable New York State, Federal and local laws. In order to ensure that this policy is clearly communicated to all applicants and employees, the County’s “Policy and Complaint Procedure Regarding Discrimination and Harassment” (“Policy”) has been updated to include reference to classes and characteristics which are protected under employment discrimination laws, but are not currently listed in the Policy. Revisions  have been made based on the New York State Human Rights Law (N.Y. Executive Law § 292, et. seq.), the New York State Division Of Human Rights General Regulations (9 N.Y.C.R.R. 466.13), and the federal Genetic Information Non-Discrimination Act of 2008.

III. Legislative Impact:

Article 2, Section 2.04 of the Montgomery County Charter states that the Montgomery County Legislature shall be the legislative, appropriating and policy-determining body of the County.

IV. Financial Impact:


cc: County Clerk
County Treasurer

Voting Record
Kelly (R) Yes 
Quackenbush (D) Yes 
Dimond (D) Yes 
Weitz (L) Yes 
Bieniek (D) Yes 
Duchessi (D) Yes 
Wheeler (R) Absent 
Isabel (D) Yes 
Purtell (D) Yes 
STATE OF NEW YORK County of Montgomery ss.:

      This is to certify that I, the Undersigned, Clerk Of The Montgomery County Legislature, have compared the foregoing copy of resolution with the original resolution now on file in the office, and which was passed by the Montgomery County Legislature on the 26th day of April, 2016, a majority of all the members elected to the Legislature voting in favor therof, and that the same is a correct and true transcript of such original resolution and of the whole thereof.
      IN WITNESS WHEREOF, I have set my hand and the official seal of the Montgomery County Legislature this 27th day of April, 2016

Totals:Aye: 8
Nay: 0 
Abstained: 0
Absent: 1

This resolution was approved by the County Executive on 4/27/2016
Resolution was enacted on 4/27/2016