(A) The County is committed to a policy of equal employment opportunity for all applicants and employees. The County believes that it is important to maintain a safe and pleasant work environment. Sexual harassment adversely impacts the morale and productivity of an employer's most valuable asset, its employees. In addition, state and federal law protects employees, visitors, contractors, vendors and all those who enter the workplace from sexual harassment. The County believes that it shares a responsibility with its employees, board appointments and elected officials to stop and prevent sexual harassment. Sexual harassment will not be tolerated in the workplace.
(B) Definition of Sexual Harassment
(1) Sexual harassment is generally defined as conduct which shows disrespect, hostility or aversion to an employee, visitor or contractor through the use of sex-based comments or actions of a sexual nature. Sexual harassment may involve verbal, visual or physical conduct which results in an employee or employees (or others present in the workplace) being subjected to an environment that is uncomfortable and unnecessary.
(2) There are two forms of sexual harassment: hostile work environment and quid pro quo harassment.
(a) Hostile Work Environment - This form of sexual harassment involves sex-based conduct by a co-worker or a supervisor that creates a hostile or offensive work environment and which adversely interferes with an employee's ability to perform his/her work. Examples of a hostile work environment include (but are not limited to):
1. Asking questions or making statements about an employee's sexual conduct or preferences;
2. Exposing oneself or revealing private body parts;
3. Engaging in unwelcome physical contact such as pinching, kissing or inappropriately touching another employee;
4. Disseminating or displaying pornographic materials or sexually explicit photographs;
5. Making obscene, sexual gestures.
(b) Quid Pro Quo - This type of sexual harassment involves a supervisor who uses his/her authority to either threaten or require a subordinate employee to submit to sexual activity as a requirement for either: continued employment, favorable performance evaluations, or securing advancement in the County. Examples of quid pro quo harassment include (but are not limited to) the following examples:
1. A supervisor stating to a subordinate employee: "Things could be a lot easier for you here if you would go away with me for the weekend."
2. A supervisor withholding a favorable performance evaluation from a subordinate employee until the employee gives in to the supervisor's sexual advances.
(3) Although the County does not condone any inappropriate action or comment, it is important to review the manner and circumstances in which the actions in question occurred. In determining whether alleged conduct constitutes sexual harassment, the County will look at the record as a whole and at the totality of the circumstances.
(C) Elected Official/Department Head Responsibilities to Prevent Sexual Harassment
(1) Elected officials and County department heads are responsible for the acts of their agents and supervisory employees with respect to sexual harassment. Elected officials and department heads shall be held responsible for acts of sexual harassment in the workplace, where the employer or its agents or supervisory employees know or should have known of the conduct, and failed to take immediate and appropriate corrective action to eradicate the behavior. Elected officials and department heads may also be responsible for the acts of non-employees in the workplace, where the department management knows or should have known of the conduct and fails to take immediate and appropriate corrective action.
(2) Elected officials and County department heads shall take all steps necessary to prevent sexual harassment from occurring, such as informing employees of their right to raise the issue of harassment, developing methods to sensitize all concerned, and taking appropriate and quick action in response to a sexual harassment complaint.
(3) Where employment opportunities or benefits are granted because of an individual's submission to the sexual advances or request for sexual favors, elected officials and department heads may be held liable for unlawful sex discrimination against other persons who were qualified for but denied employment opportunity or benefit.
(4) Proven violations of this policy will result in disciplinary action up to and including termination based on the severity of the infraction and the past history. The level of discipline applied will be made on a case by case basis by the employee's department head or elected official.
(D) Reporting Procedure
(1) Any employee who reasonably believes that he/she has either witnessed or been subjected to sexual harassment shall immediately report the discriminatory conduct to their department head or to the elected official, Board of Commissioners or County Human Resources Consultant. If neither of these individuals is available, or the employee is uncomfortable in reporting the conduct to either individual, the employee may report the discriminatory conduct to the County Human Resources Consultant.
(2) Employees may, at their discretion, make complaints of sexual harassment to their department head or the County's Human Resource Consultant (who can be reached at (219) 853-9782). All complaints will be documented in writing. If the department head takes the complaint, it should immediately be forwarded to the County Commissioner's Attorney. The complaint shall remain confidential to the extent possible, subject to the need to conduct an investigation of the allegations.
(E) Investigation and Resolution of Complaint
(1) All reports of sexual harassment shall be investigated in a confidential and expedient manner. However, since it is crucial that an investigation be conducted, complete confidentiality cannot be guaranteed. The County will not tolerate any retaliation against an employee who makes a good faith report of sexual harassment. If the investigation reveals that the report has merit, corrective action, up to and including termination will be taken to remedy the situation.
(2) Internal investigations of sexual harassment shall be conducted by Human Resources with the full cooperation of department heads. Upon completion of the investigation, a final written report will be prepared by the department head or elected official within a reasonable time-frame (in most cases, within 30 days of the original complaint). In accordance with the State's Open Door Law and federal court ruling, the victim has the right to know what disciplinary action has been taken.
(F) False Claims of Sexual Harassment - As an employer, the County takes its responsibility to stop sexual harassment very seriously. An employee who falsely accuses another employee of sexual harassment can create unnecessary anguish, emotional distress and harm to an innocent employee as well as waste the County's time and resources. Consequently, the County reserves the right to discipline any employee who intentionally makes a false report of sexual harassment.