OBJECTIVEIt is the Commonwealth's objective to provide a work environment conducive to the performance of job duties and free from intimidation or coercion In any form. The Governor's Executive Order on Equal Employment Opportunity sets forth the Commonwealth's dedication to upholding a stringent policy against all forms of discrimination. Sexual harassment, as defined herein, is a form of discriminattion and is prohibited.
I. EMPLOYEES TO WHOM POLICY APPLIES (REVISED 12/94)
This policy applies to all positions covered under the Virginia Personnel Act to include fullÄtime and partÄtime classified, restricted, and "776" employees. This policy also applies to applicants for employment, excepted employees, and to wage employees. (See section II of Policy 2.20, Types of Employment.)
II. DEFINITION OF SEXUAL HARASSMENT
A. Sexual harassment is a prohibited employment practice that could subject both the Commonwealth and individual agencies to financial liability.
B. As defined In guidelines published by the U.S. Equal Employment Opportunity Commission,
sexual harassment includes sexual advances, requests for sexual favors, and other verbal or
physical conduct of a sexual nature when:
III. PENALTIES FOR ENGAGING IN SEXUAL HARASSMENT
Any employee who engages in conduct determined to be sexual harassment, or who encourages such conduct by others, shall be subject to corrective action, which may include discharge from state service.
IV. REPORTING ALLEGATIONS OF SEXUAL HARASSMENT
A. Employees and applicants for State positions are encouraged to report
Agencies should encourage employees and applicants for employment within those agencies to report incidents involving alleged sexual harassment to the agency Human Resource Director, the agency head, their supervisors, or other individuals designated to receive such reports, except that in no instance should an employee or applicant alleging sexual harassment be required to report such allegation to the alleged harasser.
B. State procedures for employees and applicants for employment to address sexual harassment
Employees and applicants for employment seeking to redress sexual harassment may follow the State Employees' Discrimination Complaint Procedure which is administered by the Department of Personnel and Training's Office of Equal Employment Services.
C. Additional State procedures for employees to address sexual harassment
Eligible employees may use the Grievance Procedure for State Employees, which is administered by the Department of Employee Relations Counselors, to redress sexual harassment.
D. Federal procedure for addressing sexual harassment
Employees (and applicants for State employment) seeking to redress sexual harassment also may file a complaint with the United States Equal Employment Opportunity Commission.
V. MANAGEMENT RESPONSIBILITIES
A. Investigation
1. Duty to investigate
Management and/or supervisors have a duty to investigate allegations of sexual harassment and to take immediate and appropriate corrective action.
2. Penalty for failure to respond to allegations
(a) Managers and/or supervisors who allow sexual harassment to continue or fail to take appropriate corrective action upon becoming aware, may be considered a party to the offense, even though they may not have engaged in such behavior.
(b) Managers and/or supervisors who fail to respond appropriately to allegations of sexual harassment may be subject to corrective action, including demotion or discharge.
B. Education
Agencies shall make affirmative efforts to educate and sensitize their employees regarding conduct that constitutes sexual harassment, and to inform them that it is prohibited.
1. The affirmative efforts shall include, but not be limited to:
(a) the communication and distribution of this policy to all agency employees, with the affirmation that it constitutes agency policy; and
(b) training and education programs to insure that managers, supervisors and employees clearly understand that sexual harassment in the workplace Is Illegal and will not be tolerated.
2. Agencies' affirmative efforts, as required in this section, shall be subject to review by the Department of Personnel and Training.
VI. AUTHORITY AND INTERPRETATION
A. This policy is issued by the Department of Personnel and Training pursuant to the authority provided in Chapter 10, Title 2.1, of the Code of Virginia. This policy supersedes Policy 2.52, Sexual Harassment, issued March 16, 1992.
B. The Director of the Department of Personnel and Training is responsible for official interpretation of this policy, in accordance with section 2.1Ä114.5(13) of the Code of Virginia. Questions regarding the application of this policy should be directed to the Department of Personnel and Training's Office of Policy and Personnel Programs or the Office of Equal Employment Services.