(A) The county government strictly prohibits sexual harassment in the workplace by any person, in any form. This policy is consistent with and pursuant to the guidelines on sexual discrimination issued by the Equal Employment Opportunity Commission.
(B) Specifically, it is both illegal and against the policy of the county for any employee, male or female, to sexually harass another employee or applicant. The EEOC guidelines identify three situations in which “unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature” constitute unlawful harassment:
(1) When an employee must submit to such conduct as a condition of employment;
(2) When decisions about an employee’s job such as promotion, demotion, benefits and wages are based on his or her submission to or rejection of such conduct; and/or
(3) When such conduct “unreasonably interferes” with his or her job performance and creates an “intimidating, hostile or offensive” working environment.
(C) The first two categories are commonly referred to as quid pro quo sexual harassment in which acquiescence to sexual advances or some type of sexual consideration is required in exchange for a tangible job benefit. The third category prohibits sexual harassment based on a “hostile or offensive” work environment, even where there has been no conditioning of employment benefits for sexual favors. Such harassment typically involves workplace conduct such as a lewd or explicit sexual remarks, innuendos, jokes, gestures, touching, discussions of sexual activity and display of obscene or suggestive pictures or cartoons.
(D) Any employee or applicant who believes he or she has been the subject of sexual harassment should report the alleged act immediately (not later than 48 hours after the alleged act occurs) to his or her supervisor. (If the supervisor is the accused party, the individual should report the incident directly to any member of the Board of Commissioners of the county.) All such reports shall provide specific details and dates concerning the complained of conduct. An investigation of all complaints will be undertaken upon notification by the complaining party.
(E) Any person who has been found by the employment supervisor (or the Board of Commissioners where applicable), after appropriate investigation, to have sexually harassed another employee or job applicant, will be subject to disciplinary action, suspension from work without pay or termination from employment.
(F) The county recognizes that the question of whether or not a particular action or incident is based upon a purely personal, social relationship between consenting adults that has no discriminatory employment effect, requires a factual determination based upon all facts in the matter. Any person that is the subject of a complaint under division (E) above shall be entitled to respond, in writing, to any complaint against him or her as part of any investigation, after a description of the nature of the complaint is disclosed to that person. Because of the personal nature of such complaints, and in order to avoid embarrassment and unnecessary dissemination of materials to persons not involved in the incident, the supervisor of each office is not required to make verbatim copies of written complaints to the person that is the subject thereof, unless the complaining party consents to providing such copies in writing.
(G) Given the nature of this type of employment discrimination, the county also recognizes that false accusations of sexual harassment can have serious effects on innocent women and men. Appropriate disciplinary action may, therefore, be taken for false accusations of sexual harassment. The county trusts that all employees will continue to act responsibly to establish a pleasant working environment free of discrimination.
(H) The supervising officeholder, governing board of the office and the Board of Commissioners: if the complaint is against a supervisor, officeholder or member of the office governing board; and with reference to the Commissioners’ direct employees shall fully investigate all complaints of sexual harassment and shall take prompt final action, after full investigation, with respect to each complaint made.
(Ord. 13-1998, passed 12-15-1998)