OFFICE OF THE AUDITOR OF PUBLIC ACCOUNTS
AFFIRMATIVE ACTION PLAN
POLICY STATEMENTS
THE AFFIRMATIVE ACTION PLAN FOR
OFFICE OF THE AUDITOR OF PUBLIC ACCOUNTS

The Affirmative Action Plan for Office of the Auditor of Public Accounts reflects this agency's sincere commitment to both good government and equitable treatment of all employees of the agency and applicants seeking employment with the Auditor’s office.

Employees of this agency are our most valuable resource. Equal Employment Opportunity, as well as opportunities for professional growth, shall be available to all agency employees regardless of race, sex, age, disability, sexual orientation, national origin, religion, or veteran status. This policy applies to all personnel actions, including but not limited to: recruiting, hiring, classification/compensation, benefits, promotions, transfers, layoffs, reinstatement, and educational programs.

It is the policy of the Auditor’s office that no applicant for employment or employees will be subject to harassment or discrimination because of race, color, national origin, religion, age (forty or above), sexual orientation, disability, sex, or veteran status.

The Affirmative Action Plan is established in statute by KRS 18A.138 and by Executive Order 96-612, reaffirmed by Executive Order 03-533, both issued by Governor Paul E. Patton. The State Auditor has overall responsibility for the implementation of this plan as it relates to the Auditor’s office, including the development of specific goals, and is required to report progress under the Affirmative Action Plan to the Secretary of the Kentucky Personnel Cabinet. The Secretary of the Personnel Cabinet is required to report directly to the Office of the Governor regarding plan progress on a semi-annual basis. The full cooperation and affirmation of the State EEO Plan by all managers, supervisors and state employees is expected.

OFFICE OF THE AUDITOR OF PUBLIC ACCOUNTS
AFFIRMATIVE ACTION PLAN
POLICY STATEMENT
SEXUAL HARASSMENT

The Auditor of Public Accounts, as part of its continuing affirmative action efforts and pursuant to the guidelines on sex discrimination issued by the Equal Employment Opportunity Commission (EEOC), fully supports legislation to protect and safeguard the rights and opportunities of all people to seek, obtain and hold employment without exposure to sexual harassment or discrimination of any kind in the workplace. It is the policy of Office of the Auditor of Public Accounts to provide an environment free of sexual harassment.

State law prohibits unwelcome sexual advances; requests for sexual acts or favors, with or without accompanying promises, threats, or reciprocal favors or actions; or other verbal or physical conduct of a sexual nature which has the purpose or effect of adversely affecting an employee's performance or which creates a hostile or offensive working environment. Examples of prohibited conduct include, but are not limited to, lewd or sexually suggestive comments, off-color language or jokes of a sexual nature; slurs and other verbal, graphic or physical conduct relating to an individual's sex; or any display of sexually explicit pictures, greeting cards, articles, books, magazines, photos or cartoons.

All claims of unlawful sexual harassment will be investigated and resolved in accordance with the following procedure:

Investigation of a complaint will normally include conferring with the parties involved and any named or apparent witnesses. Employees shall be guaranteed an impartial and fair hearing. All employees shall be protected from coercion, intimidation, retaliation, interference or discrimination for filing a complaint or assisting in an investigation.

If the investigation reveals that the complaint is valid, prompt attention and disciplinary action designed to stop the harassment immediately and to prevent its recurrence shall be taken. The form of disciplinary action shall be considered and decided upon by the appropriate departmental authority. Based on the seriousness of the offense, such action may include but is not limited to verbal or written reprimand, suspension, demotion or termination.

ALL COMPLAINTS WILL BE HANDLED IN AS TIMELY AND CONFIDENTIAL A MANNER AS POSSIBLE. Information concerning a complaint is considered private and will not be released to third parties or to anyone who is not involved with the investigation under the Open Records Act. Nor will anyone involved be permitted to discuss the subject outside the investigation. The purpose of this provision is to protect the confidentiality of the employee who files a complaint, to encourage the reporting of any incidents of sexual harassment and to protect the reputation of any employee wrongfully charged with sexual harassment. Exception: If disciplinary action against an employee is required to correct or prevent sexual harassment, the law requires that specific notice be given to the employee charged with the violation. Because the employee charged with the violation has the right to appeal to the Personnel Board and obtain a public hearing, complete confidentiality cannot be guaranteed.

OFFICE OF THE AUDITOR OF PUBLIC ACCOUNTS
AFFIRMATIVE ACTION PLAN
POLICY STATEMENT
AMERICANS WITH DISABILITIES ACT (ADA)

The Americans with Disabilities Act of 1990 (ADA) is landmark civil rights legislation that extends the framework of federal civil rights laws to include Americans with disabilities. In Kentucky, state legislation sends a clear message to Kentuckians with disabilities that they are valued citizens of the Commonwealth. The Kentucky Civil Rights Act affords protection substantially similar to that afforded persons under the ADA.

It is the policy of the Office of the Auditor of Public Accounts to provide equal employment opportunity to all qualified persons including those with disabilities. All employees are hereby directed to comply with the following policies regarding the ADA:

Discrimination Prohibited: People with disabilities who are otherwise qualified may not be discriminated against in any areas of employment including, but not limited to, job application and compensation procedures, fringe benefits available by virtue of employment and activities sponsored by a covered entity.

Reasonable Accommodation: Pursuant to EEOC guidelines, public agencies must make reasonable accommodations to the known limitations of an otherwise qualified applicant or employee with a disability or disabilities unless the public entity can show that such accommodations would impose an undue hardship.

All official publications, notices and communication, both external and internal, by the Office of the Auditor of Public Accounts shall use person-first language. This policy shall also apply to all alternate format forms of communication, including the use of TTYs.

Limiting, Segregating, and Classifying: Persons with disabilities shall not be limited, segregated, or classified in a way that adversely affects their employment opportunities or status.

Contractual or Other Arrangements: The Auditor of Public Accounts will not participate in a contractual or other arrangement or relationship which would subject qualified applicants or employees with disabilities to discrimination prohibited by the ADA.

Reasonable Accommodations: The Office of the Auditor of Public Accounts will make reasonable accommodation to the known physical or mental limitations of an otherwise qualified applicant or employee with a disability, unless it can be demonstrated that the accommodation would impose an undue burden. After a qualified individual requests reasonable accommodation, the agency will make every reasonable effort to determine and provide the appropriate accommodations.

Administration of Tests: The Personnel Cabinet will select and administer tests concerning employment in the most effective manner to ensure that, when a test is administered to a job applicant or employee who has a disability that impairs sensory, manual or speaking skills, the test results accurately reflect the skills, aptitude, or whatever other factors of the applicant or employee that the test purports to measure, rather than reflecting the impaired sensory, manual, or speaking skills of such employee or applicant (except where such skills are the factors that the test purports to measure).

Retaliation and Coercion: The Auditor of Public Accounts will not coerce, intimidate, threaten, harass, or interfere with any individual exercising or enjoying his/her rights under Title I of the ADA or because an individual aided or encouraged any other individual in the exercise of rights granted or protected by Title I of the ADA.

In summary, the Office of the Auditor of Public Accounts is committed in all efforts to ensure an equal opportunity in employment to individuals with disabilities and hereby commits to the removal of architectural, attitudinal, and communication barriers. The Auditor of Public Accounts commits to policies and procedures which will encompass integration and inclusion. Information will be provided to all staff of the rights of inclusion and will recognize the abilities of all individuals.

Information will be made available to all staff including the name, address and telephone number of the agency ADA coordinator.

Employees: An employee with a disability who believes he or she has been discriminated against should first contact his/her agency ADA coordinator. He or she can file a complaint through the regular grievance procedure, with the State EEO Coordinator, the federal Equal Employment Opportunity Commission (EEOC), the Kentucky Commission on Human Rights, or file suit in federal court. It is hoped that an employee will seek to resolve all perceived actions of discrimination within his or her agency or cabinet.

Potential Employees may bring the complaint to the attention of the agency ADA Coordinator, the Kentucky Commission on Human Rights, or the federal Equal Employment Opportunity Commission (EEOC).

OFFICE OF THE AUDITOR OF PUBLIC ACCOUNTS
AFFIRMATIVE ACTION PLAN
POLICY STATEMENT
DIVERSITY

The Office of the Auditor of Public Accounts recognizes that continued success in meeting the needs of our clients and customers, both internal and external, requires the full and active participation of talented and committed individuals regardless of their respective gender, race, ethnic origin, disabilities, age, or sexual orientation. By fostering an atmosphere of acceptance and support, we can begin to value and appreciate the strengths afforded by the differences, styles, ideas and organizational contributions of each and every person.

The ultimate goal of workplace diversity will be achieved when Kentucky State Government has further enhanced its ability to recruit, retain, and tap the full potential of employees at all levels and is diverse enough to:

Diversity complements the other organizational values of teamwork, leadership, empowerment and service quality and encompasses the way we work, the work environment, and respect for people and ideas. Diversity includes everyone. While its major focus may often revolve around issues of previous discrimination based on race and gender, it is not something that is defined, or limited solely by those two factors. Diversity also extends to age, personal and work history, education, function, and personality - including lifestyle, sexual orientation, geographic origin, tenure with the organization, merit and non-merit status, and management or non-management position. It also encompasses varying management styles and ways of thinking, leadership abilities, skill levels, experiences, viewpoints, expression of thoughts and differing ways of delivering services provided there is consistency in the values we share.

Diversity is inclusion. It stresses equal opportunity and recognizes and respects the multitude of differences that employees bring to the workplace as well as acknowledging the changing "face" of the community we serve. The full cooperation and affirmation of diversity by all agency employees, including management, is expected.