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Sexual Harassment Policy 1 Section Name: Employee Relations Effective Date: January 1, 1984 Section Number: 400 Date of Revision: November 26, 1996 Policy Number: 424 Page: 1 of 3 Subject: Sexual Harassment 1. Purpose: The purpose of this policy is to contribute to a quality work environment for all employees and future employees and to inform each person of their rights and their responsibilities in achieving that goal with respect to each person being free from intimidation, humiliation, insult, or from being subjected to offensive physical or verbal abuse or actions, direct or insinuated, based on a person's sex. 2. Statement of Policy: 2.1 Sexual Harassment is a violation of state and federal law as well as this County policy. 2.2 It is the policy of the County to undertake such action as may be necessary to ensure employees and the work environment are free from sexual harassment in any form. 2.3 All Department Heads shall make all reasonable efforts to ensure his or her workplace/department is free of sexual harassment at all times. 2.4 Each employee has the responsibility and obligation to report any act(s) of sexual harassment. 2.5 Employee should immediately report all instances of sexual harassment to the Department Head and to the Human Resources Director. The Human Resources Director will promptly investigate the complaint. All complaints will be investigated in as discreet and confidential a manner as possible. No individual will be adversely affected in employment with the County as a result of bringing a good faith complaint of any harassment. 2.6 All persons found to have engaged in sexual harassment will be subject to discipline up to and including discharge. 3. Definitions: 3.1 Sexual Harassment. Sexual Harassment refers to unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct or communication of a sexual nature when any of the following occur: 2 (a) Submission to such conduct is made either explicitly or implicitly as a term or condition of employment; (b) Submission to or a rejection of such conduct by an individual is used as a basis for employment decisions; such as discharge, promotion, transfer, work assignment, etc., or (c) Such conduct has the purpose or effect of interfering with an individual’s work performance or creates an intimidating, hostile or offensive work environment. 3.1 Prohibited Conduct. Includes, but is not limited to the following actions: (a) Making derogatory comments, insults, suggestive remarks or jokes based on a person’s sex; (b) Display of photographs, cartoons or drawings that would be offensive to a reasonable person; (c) Conduct which when viewed by a reasonable person would have the purpose or effect of degrading or creating an intimidating, hostile or offensive work environment; (d) Propositions or requests for sexual favors; (e) Physical contact which is sexual in nature; (f) Stating or implying that deficient job performance is attributable to a person’s gender, or (g) Possession (while on County property or while working) of materials of any kind, such as magazines, calendars, etc., which are degrading to an individual or group on the basis of sex (or any other protected characteristic). 4. Application: This policy shall apply to all employees and officials of the County of Monroe. 5. Responsibility: The Human Resources Director and appropriate Department Heads or Elected Officials shall have the responsibility for overseeing and implementing this policy. 6. Administrative Procedures: 6.1 Purpose: The purpose of this procedure is to implement Monroe County Policy No. 95-23, the County’s Sexual Harassment Policy. 3 6.2 Complaint. (a) Any employee who believes he or she has been the subject of any harassment should report the incident immediately to their supervisor. The employee’s supervisor shall then immediately notify the next level supervisor and the Human Resources Director about the complaint. (b) In those cases where the immediate supervisor was a participant in the prohibited activity; condoned the activity; failed to report the incident; or if the employee is uncomfortable discussing the complaint with the supervisor, the employee may at his or her own choosing by-pass the immediate supervisor and discuss or submit a written complaint directly to the Human Resources Director. 6.3 Investigation. The Human Resources Director, in consultation with the person receiving the complaint, shall investigate the employee’s complaint. The investigation shall include interviews with the complaining employee, the person accused of sexual harassment and any potential witnesses. 6.4 Action. If sexual harassment is found to have occurred, disciplinary action up to and including discharge shall be taken against the offending party. 7. Legislative History of Authority for Creation or Revision. Adopted pursuant to action of the Monroe County Board of Commissioners dated January 1, 1984. Revised pursuant to action of the Monroe County Board of Commissioners, dated April 1, 1989, January 1995 and November 26, 1996.