The following sexual harassment policy is hereby established for all employees of county government.
(A) It is illegal, and against the county’s policy, for any worker, male or female, to harass another worker by making unwelcome sexual advances or favors, or other verbal or physical conduct of a sexual nature, a condition of employment; by using a worker’s submission to or rejection of the conduct as the basis for or a factor in any employment decision affecting the individual; or be creating an intimidating, hostile or offensive work environment by engaging in the conduct.
(B) The creation of an intimidating, hostile or offensive work environment may include the actions as persistent comments on a worker’s sexual preferences, or the display of obscene or sexually oriented photographs or drawings. Conduct or actions that arise out of a personal or social relationship and that are not intended to have a discriminatory effect on employment may not be viewed as harassment. The employer will determine whether certain conduct constitutes sexual harassment, based on a review of the facts and circumstances of each situation.
(C) The county will not condone any sexual harassment of employees. All workers, including supervisors, will be subject to severe discipline, including discharge, for any sexual harassing behavior.
(D) Any employee who feels victimized by sexual harassment should immediately report the alleged harassment to his or her supervisor. If the first-line supervisor is the source of the alleged harassment, the employee should report the problem to the supervisor’s superior.
(E) Supervisors and managers who receive a sexual harassment complaint should carefully investigate the matter, questioning all employees who may have knowledge of the alleged incident or similar problems. Both the complaint and the investigative steps and findings should be documented as thoroughly as possible.
(F) Employees who are dissatisfied with an investigating supervisor’s resolution of a sexual harassment problem may file a complaint in accordance with established grievance procedures.
(G) No employee will be subject to any form of retaliation of discipline for pursuing a sexual harassment complaint.
(1980 Code, § 36.33) (Res. 93-176, adopted 7-15-1993)