ADMINISTRATIVE
POLICY NO. 6.02
SUBJECT: Discrimination and Harassment Prevention Policy
INFORMATION CONTACT: Human Resources Division
MS 45839 (360) 753-7049 TTY (360) 586-4289
AUTHORIZING SOURCE: Federal Civil Rights Laws
Chapter 49.60 RCW
State Executive Order 89-01
DSHS Non-Discrimination Plan
EFFECTIVE DATE: November 1, 1987
REVISED: November 1, 2003
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APPROVED BY: |
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SUNSET REVIEW DATE: November 1, 2005
PURPOSE:
This policy:
·
Identifies and
prohibits behaviors that are inconsistent with a safe, harassment-free work
environment; and
·
Establishes a
process for the timely reporting, investigation and resolution of complaints
related to discrimination and harassment in the workplace.
DEFINITIONS:
Discrimination - unfavorable or unfair treatment of a person
or class of persons in comparison to others who are not members of the
protected class because of race, creed, sex, color, religion, national origin,
age (over 40), disabled veterans status, disability, Vietnam Era veterans
status, sexual orientation, marital status, use of a trained guide dog or
service animal by a person with a disability, and/or any other protected class
or retaliation for complaints related to these categories.
Harassment - verbal, non-verbal or physical conduct that
threatens, intimidates, coerces or taunts another person (including sexual,
racial or ethnic slurs) and interferes with the employee’s ability to perform
his or her job.
Sexual Harassment – according to the Equal Employment Opportunity
Commissions (EEOC), sexual harassment is “unwelcome sexual advances, requests
for sexual favors, and other verbal or physical conduct of a sexual
nature…when…(1) submission to such conduct is made either explicitly or
implicitly a term or condition of an individual's employment, (2) submission to
or rejection of such conduct is used as the basis for employment decisions
affecting such individual, or (3) such conduct has the purpose or effect of
unreasonably interfering with an individual's work performance or creating an
intimidating, hostile, or offensive work environment.” There are basically two types of sexual
harassment:
1.
"Quid
pro quo" harassment involves harassment that is linked to some employment
decision. For example: A supervisor
promising an employee a raise if she goes on a date with him; a manager telling
an employee she will fire him if he does not have sex with her.
2.
"Hostile
work environment" involves harassment that creates an offensive and
unpleasant working environment. A
hostile work environment can be created by anyone in the work environment,
whether it is a supervisor, other employees, or a client. Hostile environment
harassment can involve verbal conduct of a sexual nature, unwelcome sexual
materials, or unwelcome physical contact. Cartoons or posters of a sexual
nature, vulgar or lewd comments or jokes, or unwanted touching or fondling all
fall into this category.
SCOPE:
All employees, volunteers, work-study students and interns, regardless
of their position, are covered by and are expected to comply with this policy,
and to take appropriate measures to ensure that prohibited conduct does not
occur. Appropriate corrective/disciplinary action will be taken against any
employee who violates this policy up to and including dismissal.
This policy applies to any location that can
reasonably be considered an extension of the workplace.
POLICY:
DSHS strives to create and maintain a work
environment in which people are treated with dignity, decency and respect. The
work environment should be characterized by mutual trust and the absence of
intimidation, oppression and exploitation. Employees should be able to work and
learn in a safe environment. The accomplishment of this goal is essential to
the mission of DSHS. For that reason, DSHS will not tolerate unlawful
discrimination or harassment of any kind. Through enforcement of this policy
and by education of employees, DSHS will seek to prevent, correct and
discipline behavior that violates this Policy.
DSHS is committed to providing a work environment that is free from
employment discrimination or harassment based on: race, creed, color, religion,
national origin, sex, disabled veterans status, Vietnam Era veterans status,
disability, age (40 and over), sexual orientation, marital status, use of a
trained guide dog or service animal by a person with a disability, and/or any
other protected class or retaliation for complaints related to these
categories.
A. Prohibited Conduct Under This Policy
1. Discrimination:
It is a violation of this Policy to
discriminate in the provision of employment opportunities, benefits or
privileges, to create discriminatory work conditions, or to use discriminatory
evaluative standards in employment if the basis of that discriminatory
treatment is, in whole or in part, based on membership in a protected
class or retaliation for assisting in the investigation of a complaint.
Discrimination
of this kind may also be strictly prohibited by federal, state and local laws,
including Title VII of the Civil Rights Act 1964; the Age Discrimination Act of
1975; the Americans With Disabilities Act of 1990 and the Washington Law
Against Discrimination. This Policy is intended to comply with the prohibitions
stated in these anti-discrimination laws.
2.
Harassment:
Harassment,
including sexual harassment, is prohibited by federal and state laws. This
Policy prohibits harassment of any kind, and DSHS will take appropriate swift
action to address any violations of this policy. Prohibited harassment includes
verbal or physical conduct that threatens, intimidates, coerces or taunts
another person (including sexual, racial and ethnic slurs) and that
unreasonably interferes with the employee's ability to perform his or her job.
Examples
of harassment include, but are not limited to:
a.
Verbal:
Inappropriate, unwarranted and/or unwelcome comments regarding a person's race,
creed, color, religion, national origin, sex, disabled veterans status, Vietnam
Era veterans status, disability, age (40 or over), sexual orientation, marital
status, or use of a trained guide dog or service animal by a person with a
disability; epithets, slurs or negative stereotyping.
b.
Non-verbal:
Distribution or display of any written or graphic material that ridicules,
denigrates, insults, belittles, or shows hostility or aversion toward an
individual or group because of membership in a protected class.
c.
Physical: Unwelcome, unwanted physical contact,
including but not limited to, touching, tickling, pinching, patting, brushing
up against, hugging, cornering, kissing, fondling, forced sexual intercourse or
assault.
"Hostile work
environment" includes harassment on the basis of gender (sexual
harassment) and harassment as a lack of appreciation and respect for diversity
in the workplace based on race, creed, color, religion, national origin, sex, disabled
veterans status, Vietnam Era veterans status, disability, age (over 40), sexual
orientation, marital status, use of a trained guide dog or service animal by a
person with a disability or any other protected class.
Examples of behavior or
actions that could be perceived by others to create a hostile work environment
includes but is not limited to:
a.
Racial or ethnic
epithets;
b.
Discriminatory verbal
intimidation, ridicule and insults;
c.
Denying salary increases,
promotions and assignments to more desirable work that is motivated based on a
protected class status;
d.
Yelling, verbal
intimidation, ridicule or insults by a supervisor directed at a person in a
protected class but not at others; or
e.
Jokes directed at
individuals in a protected class that are unwelcome or offensive.
3.
Sexual Harassment:
Sexual harassment in any form is prohibited under this
policy. Sexual harassment is a
form of discrimination and is unlawful under both state and federal law.
a.
Sexual
harassment includes unsolicited and unwelcome sexual advances, requests for
sexual favors, or other verbal or physical conduct of a sexual nature, when
such conduct:
·
Is
made explicitly or implicitly a term or condition of employment;
·
Is
used as a basis for an employment decision; or
·
Interferes
with an employee's work performance or creates an intimidating, hostile, or
otherwise offensive environment.
Examples
of conduct that may constitute sexual harassment include, but are not limited
to:
—
Verbal: Sexual innuendoes, suggestive comments,
jokes of a sexual nature, sexual propositions, lewd remarks, threats. Requests
for any type of sexual favor (this includes repeated, unwelcome requests for
dates). Verbal abuse or "kidding" which is oriented towards a
prohibitive form of harassment, including that which is sex oriented.
—
Non-verbal:
The distribution or display of any written or graphic material that is sexual
in nature, including calendars, posters, and cartoons that are sexually
suggestive, or shows hostility toward an individual or group because of sex;
suggestive or insulting sounds; leering; staring; whistling; obscene gestures;
or sexual content in letters and notes, facsimiles and e-mail, that is sexual
in nature.
—
Physical:
Unwelcome, unwanted physical contact, including but not limited to, touching,
tickling, pinching, patting, brushing up against, hugging, cornering, kissing,
fondling, forced sexual intercourse or assault.
b.
Sexual
harassment does not refer to behavior or occasional compliments of a socially
acceptable nature. It refers to
behavior that is unwelcome, that is personally offensive, which lowers morale
and therefore interferes with work effectiveness.
c.
Normal,
courteous, mutually respectful, pleasant, non-coercive interactions between
employees that are acceptable to and welcomed by both parties are not
considered to be harassment.
4. Retaliation:
No
hardship, no loss of benefits, and no penalty may be imposed on an employee as
punishment for:
a.
Filing
or responding to a bona fide complaint of discrimination or harassment;
b.
Appearing
as a witness in the investigation of a complaint; or
c.
Serving
as an investigator.
Retaliation
or attempted retaliation is prohibited and anyone who does so will be subject
to severe sanctions up to and including dismissal.
B. Consensual Sexual
Relationships:
1. DSHS prohibits romantic or sexual
relationships between a manager or other supervisory employee and his or her staff
(an employee who reports directly or indirectly to that person), because such
relationships tend to create compromising conflicts of interest or the
appearance of such conflicts. In addition, such a relationship may give rise to
the perception by others that there is favoritism or bias in employment
decisions affecting the staff member. Moreover, given the uneven balance of
power within such relationships, consent by the staff member is suspect and may
be viewed by others, or, at a later date, by the staff member themselves as
having been given as the result of coercion or intimidation. The atmosphere
created by such appearances of bias, favoritism, intimidation, coercion or
exploitation undermines the spirit of trust and mutual respect that is essential
to a healthy work environment. If such a relationship exists, the parties need
to be aware that one or both may be moved to a different chain of command, or
other actions may be taken, as appropriate.
2. If
any DSHS employee enters into or continues a consensual relationship that is
romantic or sexual in nature with a member of his or her staff (an employee who
reports directly or indirectly to him or her) the employee/employees must
notify the Appointing Authority. Although the employee/employees may feel that
what they do during non-working hours is their business and not the business of
DSHS, because of potential issues regarding "quid pro quo"
harassment, DSHS has made this a mandatory requirement. This requirement does
not apply to employees who do not work in the same chain of command, or to
employee/employees who do not supervise or have management responsibilities over
the other.
3. Once
the relationship is made known to the Appointing Authority, the Appointing
Authority will review the situation with the assigned HR Manager. The review will include assessment of
reporting relationships, affect on co-workers and other relevant factors. It will also determine whether one or both
employees need to be moved to another position within the administration. If
there are jobs in other program areas available for both, the
employee/employees may decide who will be the one to apply for a new position.
If the employee/employees cannot amicably come to a decision, or the employee
is not chosen for the position to which he or she applied, the
employee/employees will contact the Appointing Authority, who will, in concert
with the assigned HR Manager, decide which employee should be moved. The final
decision will be based on which move will be least disruptive to the
administration as a whole.
4. As
in all cases, the burden of proving sexual harassment rests with the accuser.
When the subordinate employee makes allegations of harassment during or
subsequent to such a relationship and the supervisor claims that the
relationship was consented to by the employee, the burden will be on the
supervisor to prove that the relationship was consensual and voluntary.
Roles and Responsibilities:
A. Managers
and supervisors shall model appropriate behavior and are responsible for:
1.
Providing each
employee with a copy of the nondiscrimination and harassment brochure upon
hire;
2.
Ensuring new
employees receive training on this policy within the first six months of their
employment;
3.
Reviewing this
policy with staff annually (documented in the employee's personnel file);
4.
Consulting with
their HR Manager to determine appropriate action calculated to stop harassment
and discriminatory behavior that is observed and/or of which they become aware;
and
5.
Taking
appropriate corrective or disciplinary action when harassment and/or
discriminatory behavior occur.
B. Managers and supervisors who
fail in these responsibilities may be subject to corrective and/or disciplinary
action.
C. The Human Resources Division (HRD) will provide managers and
employees with:
1.
Technical
assistance and consultation; and
2.
Training
regarding the prevention of harassment, discrimination and inappropriate
behavior of a sexual nature in the work place.
PROCEDURES:
A.
What you should do if you have been
subjected to discrimination, harassment, sexual harassment or retaliation:
1.
If
you are the recipient of any unwelcome gesture or remark, do not remain silent.
2.
Immediately
report the behavior to a supervisor, manager, the assigned Human Resource Manager,
the DSHS Human Resources Director or call the toll free numbers listed on page
8.
3.
If
you feel comfortable doing so, make it clear to the harasser/offender that you
find such conduct offensive and unwelcome and state clearly that you want the
offensive conduct to stop at once.
B. Employees, supervisors or managers who
are aware of any discrimination, harassment, sexual harassment or retaliation
are to report such behavior to the assigned Human Resources Manager (HRM) or
the DSHS Human Resources Director. DSHS
management cannot address the problem if they are not aware of it.
Complaint
Process:
A. Any
person electing to use this complaint resolution procedure will be treated
courteously, the problem handled swiftly and as confidentially as feasible in
light of the need to take appropriate corrective/disciplinary action. The registering of a complaint will in no
way be used against the employee, nor will it have an adverse impact on the
individual's employment status. However, filing groundless and malicious
complaints is an abuse of this policy and is prohibited.
B. All managers and supervisors have the responsibility as
agents of DSHS to act promptly to eliminate any discrimination or harassment
that exists in their area of responsibilities. If a manager or supervisor knows that discrimination, harassment
or retaliation is occurring, or receives information that discrimination,
harassment or retaliation might be occurring, he or she must take immediate
action to address the problem. Such action should include, but is not limited
to, speaking directly with the complaining party, developing a specific
account of the actions, omissions or occurrences that are alleged to be
discriminatory, consulting with the HRD Director or HR Manager, and corrective
or disciplinary action.
Even
if the alleged discrimination, harassment or retaliation is not within their
area of responsibility or oversight, managers and supervisors must notify the
HRD Director or assigned HR Manager, who must then take prompt steps to address
the allegation with the appropriate Appointing Authority.
C. The
HRD Director has the primary responsibility for implementing this Policy. In
particular, the HRD Director/designee will respond to inquiries and complaints
from management and employees regarding discrimination, sexual harassment,
other harassment, or retaliation; maintain records of these inquiries and
complaints as well as their resolution.
The HRD Director/designee will also provide information and education to
employees and management on recognizing, understanding, and combating unlawful
discrimination and harassment.
D.
Any employee,
volunteer, work-study student or intern who believes he or she has been or is
being discriminated against may file a complaint of the alleged behaviors with:
1. DSHS
Human Resources Division/Equal Opportunity Section
11th
& Washington PO Box 45839
Olympia
WA 98504-5839
TDD
360-586-4289 or TDD 1-800-521-8061
360-753-7049
or 1-800-521-8060
OR
2. Contact
the toll free number 1-866-723-0930 or TTY 1-866-605-0932 hotline that is
staffed 24 hours a day/seven days a week.
E. DSHS
employees may also file a complaint with the Washington State Human Rights
Commission and/or the federal Equal Employment Opportunity Commission. Use of the DSHS internal procedure does not
supplant or affect any rights existing under state or federal law.
F. If
applicable, DSHS employees may file a grievance through the DSHS internal
grievance procedure. (Refer to DSHS
Personnel Policy 541 or the applicable union contract.)
Investigative Procedures:
A. Investigative
procedures depend on the nature and extent of alleged incidents and the context
in which the alleged incidents occurred.
Appropriate investigative procedures may include informal review,
fact-finding or investigation. Every
effort will be made to complete investigations in a timely and sensitive manner
and to maintain confidentiality to the extent possible.
B. HRD
will provide management with technical assistance and guidance regarding
appropriate intervention, investigative procedures, documentation and
resolution of matters addressed in this policy, upon request.
C. Managers,
supervisors, employees, interns, work-study students and volunteers must
cooperate in all phases of the fact-finding investigation and ensuing actions
pursuant to procedures outlined in DSHS Personnel Policies 545 and 546.
D. Individuals involved in the investigation will refrain from unnecessary dissemination of information or speculation regarding the alleged acts or investigation or other actions that may disrupt the well being of the workplace or its employees.
E. Upon
conclusion of the investigation, management will take immediate and appropriate
action as needed up to and including corrective and/or disciplinary action.
F. Information
regarding findings and conclusions will only be provided, as appropriate and in
compliance with state law, to the complainant and accused after final
disposition of the complaint.