§ 2-764. Abusive conduct prevention policy (Tennessee Healthy Workplace Act).

The county is firmly committed to a workplace free from abusive conduct as defined herein. All employees have the right to be treated with dignity and respect. All complaints of negative and inappropriate workplace behaviors will be taken seriously and followed through to resolution.

Employees shall treat all other employees with dignity and respect. No employee shall engage in threatening, violent, intimidating or other abusive conduct or behaviors.

This policy applies to all full-time and part-time employees of the county, including interns. It does not apply to independent contractors, but other contract employees are included. The policy includes electronic communications by any employee.

Abusive conduct includes acts or omissions that would cause a reasonable person, based on the severity, nature, and frequency of the conduct, to believe that an employee was subject to an abusive work environment, which can include but is not limited to:

• Repeated verbal abuse in the workplace, including derogatory remarks, insults, and epithets;

• Verbal, nonverbal, or physical conduct of a threatening, intimidating, or humiliating nature in the workplace; or

• The sabotage or undermining of an employee's work performance in the workplace.

A single act generally will not constitute abusive conduct, unless such conduct is determined to be severe and egregious.

Abusive conduct does not include:

• Disciplinary procedures in accordance with adopted policies of the county;

• Routine coaching and counseling, including feedback about and correction of work performance;

• Reasonable work assignments, including shift, post, and overtime assignments;

• Individual differences in styles of personal expression;

• Passionate, loud expression with no intent to harm others;

• Differences of opinion on work-related concerns; or

• The non-abusive exercise of managerial prerogative.

Any employee who feels he or she has been subjected to abusive conduct is encouraged to report the matter orally or in writing to a supervisor including his or her supervisor, manager, department director, or to the county human resources director.

Supervisors and others in positions of authority have responsibility to ensure that healthy and appropriate behaviors are exhibited at all times and that complaints are addressed in a timely manner. Supervisors will provide a working environment as safe as possible by having preventative measures in place and by dealing immediately with threatening or potentially violent situations. Supervisors and others in position of authority will respond promptly, sensitively and confidentially to all situations where abusive behavior is observed or alleged to have occurred.

Retaliation is a violation of this policy. Retaliation is any act of reprisal, interference, restraint, penalty, discrimination, intimidation, or harassment against an individual or individuals exercising rights under this policy.

Supervisors must timely report known incidents involving workplace abuse, intimidation, or violence to the human resources director. Supervisors and appointing authorities are required to take reasonable steps to protect the complainant, including, but not limited to, separation of employees involved.

Any employee, supervisor, or director who is found to have engaged in abusive conduct of another employee will be subject to appropriate disciplinary action, up to and including termination.

While employees are encouraged to report abusive conduct under this policy, the county recognizes that intentional or malicious false allegations can have a serious effect on innocent people. Individuals who falsely accuse another employee under this policy will be subject to appropriate disciplinary action.

(Ord. No. O-16-8-101 , § 1(Exh. A), 9-26-16)