CEOP Presentation

County Policy of

Equity Program

National Association of Counties

July 2016

Mary C. Wickham

County Counsel

Los Angeles County

Camille Y. Townsend

Acting Executive Director, CEOP

Los Angeles County Executive Office

of the Board of Supervisors

Larry Hafetz

County Counsel

Los Angeles County

Rose Belda

County Counsel

Los Angeles County

Mary Wickham

• Executive Director of County Counsel.
• Began working as an attorney for County Counsel in 1995.
• Has advised on employment law and civil service matters.
• Lead County Counsel attorney on Bouman v Baca gender discrimination case.
• Responsible for development and implementation of CEOP.
• Bachelor of Arts in Public Administration from University of Southern California.
• Juris Doctor from Whitter College School of Law.

Larry Hafetz

• Acting Chief Deputy for County Counsel.
• Oversees Board Liaison Cluster, handling high profile matters for the Board.
• Has advised on property law, tax related law, and gun control.
• Worked at Morrison & Foerster prior to County Counsel.
• Graduate of University of Michigan Law School.

Rose Belda

• Assistant County Counsel.
• Has worked for County Counsel since 1991.
• Advised on juvenile dependency, child welfare, health care, public health, and employment, as well as drafting a variety of legislation.
• Created and established a specialized court system to provide for the civil detention on non-compliant tuberculosis patients.
• Graduated from Santa Clara University.
• Graduated from Berkeley (Boalt Hall) School of Law.

Camille Y Townsend

• Acting Executive Director of the County Equity Oversight Panel.
• Previously worked as Deputy County Counsel.
• Experienced in counseling and representing public and private sector employers in all aspects of employment and has conducted trainings on litigation avoidance.
• Graduated from Boston College.
• Received her law degree from University of Wisconsin.

CPOE Program

Five Years and Going Strong

Adopted by the Board of Supervisors and effective July 1, 2011, this coming July 2016 will mark the CPOE’s Five-Year Anniversary.

The CPOE was designed to address and prevent workplace harassment, discrimination, retaliation, and inappropriate conduct toward others (ICTO), with the idea that inappropriate workplace behaviors can be prevented or stopped at the soonest possible time. The CPOE only addresses matters rooted in EQUITY/protected categories under State and Federal law.

Three particularly unique features of the CPOE are:

• The Inappropriate Conduct Toward Others (ICTO) standard
• An independent panel of employment lawyers reviews each case
• Supervisors and Managers are mandated reporters

Harassment and Discrimination Issues and Lawsuits are Hot Topics in Today’s World.

Anthony Weiner on Scandal:

“I’m very sorry” for “dishonorable actions…”

Cain campaign denies sexual harassment report

Paula Deen admitted to using a racial slur but stated she “Doesn’t tolerate hate.”

And who could forget these?

Legal Duty to Investigate

Aside from doing the right thing, employers are required by law to remedy workplace discrimination and/or harassment by investigating complaints and, when necessary, taking prompt remedial action.

Legal Duty to Investigate

Employers are under a duty to investigate and to take immediate and appropriate corrective action once they have reason to know that harassment or discrimination may be taking place. Cal. Govt. Code sections 12940(h), (j)(1) and (k); Cal. Code Regs. Tit. 2, § 7287.6(b)(3).

The court in Northrop Grumman Corp. v. Workers' Comp. Appeals Bd. (2002) 103 Cal.App.4th 1021, 1035 held that the Defendant complied with its obligations by immediately investigating Plaintiff's complaint.

Under California Government Code § 12940(k), an employer may be found liable for failing “to take all reasonable steps necessary to prevent discrimination and harassment from occurring.”

The CPOE Program is the reasonable step under the law

The CPOE process and its prohibition against Inappropriate Conduct Towards Others (ICTO), is the REASONABLE STEP necessary to prevent harassment and discrimination.

RISK MANAGEMENT

Think of the CPOE Process as an insurance policy for yourself and for your County.

CPOE Protects the County and it Protects You

• Offering an affirmative defense (Federal Law).
• Mitigating damages (California Law) saves the county.
• By offering employees a forum in which they can air their complaints and obtain resolution without filing a lawsuit.
• By investigating and intervening early to determine the facts.
• Correcting inappropriate workplace behavior before it escalates into something worse, thereby preventing a lawsuit.
• Having the evidence needed to defend a lawsuit and reducing/mitigating damages/saving $$.

CPOE Program

Risk Management

• The Inappropriate Conduct Toward Others (ICTO) standard
• An independent panel of employment lawyers reviews each case.
• Report back feature for systemic issues
• Specialized training for areas of concern
• Partner with the County’s internal mediation unit
• Participate in Risk Management Roundtables
• Proactive intervention efforts with Departments

Sobering Statistics

California Statistics

• Employee lawsuits have risen approximately 400% over the last 20 years.
• When employee lawsuits go to trial, the employee wins more than 63% of the time.
• The average cost to settle an employee lawsuit out of court is $75,000.
• The average amount awarded to employees in jury trials for employment matters is $217,000.
• In California, employers have a 40% higher chance of being sued for an employment related matter than the national average.
• Based on the UCLA-RAND study, verdicts for race and national origin discrimination tended to be at the higher end; discrimination for medical conditions and sexual orientation tended to be on the higher end.

Remember:

All it takes is one!

“Los Angeles County Social Worker Receives $1,583,844 in Retaliation Jury Verdict Win.”

www.baattorneys.com

Social Worker filed a lawsuit against the County for “unlawful termination.”

Although the discharge was ultimately upheld, the Social Worker successfully sued the County for retaliation (for having previously complained of discrimination).

After a jury trial, the Social Worker was awarded $1,583,844 in compensatory damages.

Positive Impact of the CPOE on Litigation

Number of employment lawsuits filed in Fiscal Year:

2011-2012: 114

Number of employment lawsuits filed in Fiscal Years:

2012-2013: 74 (-35%)

2013-2014: 77 (-32%)

2014-2015: 84 (-26%)

Disadvantages and Solutions

• Possible increased complaint volume.
• Possible misuse and abuse of the process.

CPOE Complaint Process Stats

From the inception of the CPOE Program (July 1, 2011) to the end of Fiscal Year 2016, the CISU had received nearly 20,000 complaints for 100,000 employees.

The Trending Up of CPOE Complaints

CPOE Complaint Process Stats

Top 5 Protected Characteristics Most at Issue, Countywide

(July 1 2015 - Present)

18% (combined total)

14%

9%

7%

5%

10%

Medical Condition/Disability

Race

Sex

Gender

Ethnicity

Retaliation complaints

CPOE Complaint Process Stats

In FY14, CISU began offering the County’s top complaint producing departments, specialized informational presentations regarding when to file a CPOE complaint. These presentations proved to be successful with a resulting dramatic drop in non-jurisdictional complaint filings. While ‘A’ designated complaints have increased across the county, these Departments have seen a decrease in overall volume of complaints. Additionally, equity-related litigation has decreased and now remains consistent, suggesting that the process is working.

CPOE Program: Briefing Stats

Questions