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m2078-county-gov-ms
m2078-county-gov-ms
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the payment of a judgment or other debt. 16 State law also requires that an employee's wages or<br />
other payments for del<strong>in</strong>quent child support payments be withheld, should a proper order of<br />
withhold<strong>in</strong>g be served upon the county. 17 The laws and procedures concern<strong>in</strong>g garnishments and<br />
child support payments can be complex, and are areas with which the county's payroll officer<br />
should be familiar. Federal law prohibits employers from discharg<strong>in</strong>g an employee because his<br />
earn<strong>in</strong>gs have been garnished for any one debt. 18<br />
Nepotism<br />
The board should be aware that state law specifically forbids nepotism, that is, hir<strong>in</strong>g one's<br />
relatives. 19 The statute prohibits the employment "as an officer, clerk, stenographer, deputy or<br />
assistant" any person related by blood or marriage with<strong>in</strong> the third degree. Relatives with<strong>in</strong> the<br />
third degree are parents, children, spouses, grandparents, aunts and uncles, sibl<strong>in</strong>gs, and cous<strong>in</strong>s,<br />
and these same relatives by marriage. If, however, you have relatives who were employed by the<br />
county prior to your hav<strong>in</strong>g been elected supervisor, they may cont<strong>in</strong>ue their county<br />
employment.<br />
Title VII and the Civil Rights Act of 1991<br />
FEDERAL EMPLOYMENT LAW<br />
This federal law prohibits discrim<strong>in</strong>ation <strong>in</strong> employment based on race, color, religion, sex,<br />
pregnancy or national orig<strong>in</strong>. 20 A board of supervisors should <strong>in</strong>form employees and job<br />
applicants that the county is an "equal opportunity employer" and does not discrim<strong>in</strong>ate on any<br />
unlawful basis. An effective notice of nondiscrim<strong>in</strong>atory personnel policies might read as<br />
follows:<br />
It is the policy of the county to provide equal opportunity <strong>in</strong><br />
employment to all employees and applicants for employment.<br />
There will be no discrim<strong>in</strong>ation aga<strong>in</strong>st any employee because of<br />
race, creed, color, religion, national orig<strong>in</strong>, sex, age, veteran status,<br />
or disability.<br />
Further, counties may be sued for racial discrim<strong>in</strong>ation under 42 U.S.C. § 1981 (referred to as<br />
"Section 1981"). This law forbids racial discrim<strong>in</strong>ation <strong>in</strong> the "mak<strong>in</strong>g and enforc<strong>in</strong>g" of<br />
contracts. This clause <strong>in</strong>cludes the mak<strong>in</strong>g of contracts for employment.<br />
Title VII's provisions aga<strong>in</strong>st sex discrim<strong>in</strong>ation also <strong>in</strong>clude sexual harassment. 21 Counties are<br />
encouraged to develop and publish a clear policy regard<strong>in</strong>g sexual harassment and to make it<br />
known to all county employees. There are two k<strong>in</strong>ds of sexual harassment claims — quid pro<br />
quo and hostile environment. Quid pro quo sexual harassment occurs when an employee<br />
demands sexual favors from another employee <strong>in</strong> return for job benefits, or threatens an<br />
employee with a job detriment for refus<strong>in</strong>g sexual favors. Hostile environment sexual harassment<br />
occurs when the work environment becomes sexually offensive (through <strong>in</strong>appropriate remarks,<br />
<strong>in</strong>nuendo, physical contact, or the like) so that it <strong>in</strong>terferes with an employee's work.<br />
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