DISCRIMINATION COMPLAINT PROCEDURE
FILING A DISCRIMINATION COMPLAINT
All member of the public, employees or applicants
for employment who believe they have been discriminated against while conducting
business with the City, applying for a job, on the job, or in the terms and
conditions of their employment because of race, religion, color, sex, national
origin, age, disability, veteran status, sexual orientation or any other
non-job related protected characteristic, may file a complaint with Yvette
Thornton in the Labor and Employee Relations Division within the Human
Resources Department, their manager, supervisor or any other person in a position
of authority. Any employee who is told about illegal
discriminatory behavior has an affirmative responsibility to report it to Ms.
Thornton in the Employee Relations Division at 305.673.7524.
Ms. Thornton or her designee shall investigate and
review complaints, determine whether an act of illegal discrimination has
occurred, and recommend an appropriate action to the City Manager or designee.
When an employee complains of illegal
discriminatory behavior and requests that nothing be said or done; the manager
or supervisor shall tell the employee that he/she has a responsibility to
report the complaint either up the chain of command or to Ms. Thornton. Complaints shall be confidential to the
extent possible but cannot be kept from the people who are in a position to
investigate and take corrective action, if appropriate.
Managers and supervisors shall be held accountable
for their prompt attention to, and execution of necessary preventative,
corrective, and positive actions.
Staff in position of authority shall make every
effort not to take any adverse personnel action against the complainant or take
any other action that may be perceived as retaliatory by any party.
- A complainant (member of the public, employee or applicant)
should contact Yvette Thornton in the Labor and Employee Relations
Division, manager or supervisor, and state the nature his/her claim.
- If the complaint is filed directly with the department
director, manager or supervisor has 10 working days to resolve the
complaint within the department and report the nature of the complaint
and subsequent action to Ms. Thornton in the Labor and Employee Relations
- Completion of fact finding inquiries by the Labor and
Employee Relations Division shall be completed expeditiously. The
Department Director, or designee, will be officially advised as to the nature
of the complaint and the fact finding process. The Department
Directory, Assistant or Division Director, shall participate in the
investigative process, unless he/she is the subject of the complaint.
- The investigative process shall result in a determination of "reasonable
cause" or "no cause" to believe illegal discrimination has
occurred. Opportunity for an informal conciliation shall be
extended to all parties involved.
- Upon completion of the investigation, Ms. Thornton will
notify the Human Resources Department Director and Assistant Director of her
conclusions and recommendations.
- The Human Resources Department Director shall transmit the
conclusions and recommendations to the appropriate Department Director or
Assistant City Manager if the Department Director is the subject of the
- If the matter cannot be resolved to the satisfaction of all
parties the Human Resources Director and Assistant Director, and the
appropriate Department Director shall seek guidance from the appropriate
Assistant City Managers and City Manager.
- Ms. Thornton shall notify the complainant, in writing, of the
outcome of her investigation and invite him/her to meet with her to
review and discuss the contents of the file.
- Although the City of Miami Beach is committed to resolving
complaints of illegal discrimination in-house, it is unrealistic to
expect that every complainant will be satisfied with the investigation
and resolution of the matter.
Therefore, all complainants in such cases shall be informed of
their right to file a complaint with an outside agency.
- Under no circumstances shall the complaint and investigative
file become a part of an employee’s personnel folder; the official
personnel file or any file maintained by the department, division or
- Comments regarding the complaint shall not be included in any
complainant’s performance evaluation.
- The complainant shall be given the following information in
writing and a copy of such notification shall be included in the
County Office of Human Rights and Fair Employment Practices
NW 1 Street, 22nd Floor
Employment Opportunity Commission
2 Biscayne Boulevard, Suite 2700
Commission on Human Relations
Apalachee Parkway, Suite 100