2880-1

Sexual Harassment Policy
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The following policy regarding sexual harassment became effective on February 10, 1994.

Ample copies should be made available so that all employees under your supervision will be aware of this policy. A copy of this policy must be posted in a prominent location in all offices for the employees' benefit as directed by TOPPS 2110-4.

  1. Policy

    The Department goal is to establish a harassment-free work environment for all employees. It is the Department’s policy that all employees be allowed to work in an environment free from unsolicited and unwelcome verbal or physical sexual advances. Sexual harassment is a form of unlawful conduct which undermines the integrity of the employment relationship. It is the responsibility of each person to respect the personal dignity of others. If there is a sexual harassing practice, statement, or action that an employee finds offensive, the employee may: (1) Inform the person or persons responsible for the objectionable practice. (2) Ask him or her to stop the behavior. (3) Report the behavior to a supervisor or manager. Should the harassment continue, the employee should contact the District Equal Employment officer or the Office of Equal Opportunity in the General Office. It is also a violation of this policy to retaliate against employees who make sexual harassment charges or who assist in investigating such complaints.

  2. Background

    The Federal Supreme Court has established that sexual harassment is unlawful and is a form of sexual discrimination in violation of Title VII of the Civil Rights Act of 1964. Discrimination for or against an applicant or employee based on race, color, religion, sex, age, handicap, disability or national origin is prohibited in this Department, and this includes sexual harassment.

    The Equal Employment Opportunity Commission defined forms of sexual harassment as:

    1. Where employment decisions or expectations such as hiring decisions, promotions, salary increases, work assignments, performance evaluations or academic standings are based on an employee’s willingness to grant or deny sexual favors;

    2. Where verbal or non-verbal behavior in the workplace or educational environment focuses on the sexuality of another person or occurs because of the person’s gender; is unwanted or unwelcome; and is severe or pervasive enough to affect the person’s work environment or academic performance;

    3. Sexual harassment may take any of these three forms: (1) Implicit or explicit offers of rewards for sexual favors, (2) Implicit or explicit threats of punishment if sexual favors are not given; (3) Creating or permitting an intimidating, hostile and /or offensive work and learning environment by verbal acts; physical acts; and /or graphic displays which unreasonably interfere with the recipient’s work or vocational performance.

    Definitions A and B are easily determined to be sexual harassment. Definition C, however, is less clear and could be left to private interpretation. Actions or statements offensive to some may not be offensive to others. Some of the practices that could be considered as sexual harassment are: off color jokes; suggestive or vulgar remarks about gender or physical anatomy or characteristics; touching others in a sexually suggestive way; having nude or sexually oriented pictures, posters, or materials in the workplace. This list is not exhaustive.

Employees who engage in sexual harassment or retaliate against complainants and/or complaint investigators will be subject to appropriate disciplinary action up to and including termination of employment.

Authored by the Office of Equal Employment Opportunity, 404-656-5323

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