Anti-Sexual Harassment Policy and Procedures

Document Code No.: PER 22-3-2 (AEP)
Department/Issuing Agency: Office of Human Resource Management
Effective Date: June 8, 1999
Approved: /s/ Ron Sims
Type of Action: Supersedes PER 22-3-1 (AEP)

Signed document (PDF, 260 KB)

This policy was superseded by PER 22-3-3 (AEP) on September 29, 2002.

1.0 SUBJECT TITLE: Anti-Sexual Harassment Policy and Procedures

2.0 PURPOSE:

2.1 To update the King County Executive's policy that sexual harassment, and establish that inappropriate behavior of a sexual nature, and/or retaliation will not be tolerated and to set forth procedures for resolving such allegations.

3.0 ORGANIZATIONS AFFECTED:

All executive branch departments, offices, divisions, and agencies.

4.0 REFERENCES:

4.1 K.C.C. 12.18, Fair Employment Practices.

4.2 Revised code of Washington, Chapter 49.60.180.

4.3 Title VII of the Civil Rights Act of 1964, as amended in 1972, 29 CFR, Part 1604.

5.0 DEFINITIONS:

5.1 "Sexual Harassment" is a form of unlawful discrimination. It includes unwelcome sexual advances, requests for sexual favors, displays of sexually-oriented materials, and other verbal or physical conduct of a sexual nature. It is illegal when: 1) submission to such conduct, either explicitly or implicitly, is made a term or condition of an individual's employment; or 2) submission to or rejection of such conduct by an individual 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 employee's work performance or creating an intimidating, hostile, or offensive environment.

5.2 "Inappropriate behavior of a sexual nature" means behavior that, while not amounting to a sexual harassment, has a sexual component and, in the judgment of management, has the potential to lower morale and productivity. Occasional compliments of a socially acceptable nature and conduct or actions that arise out of a personal or social relationship and do not have a discriminatory effect on employment may not be viewed as inappropriate behavior of a sexual nature.

5.3 "Retaliate" means to take adverse action against an individual because he/she has exercised his/her rights protected under the law such as complaining about sexual harassment, assisting with or participating in the resolution or investigation of sexual harassment allegation, and/or speaking out against sexual harassment at the workplace.

5.4 "OHRM" refers to the King County Office of Human Resource Management. Specifically, policy development, and support for dissemination, training, and technical assistance will be provided by Diversity Management Services Division. Coordination of responses to complaints filed with enforcement agencies will be provided by the Director's Office.

5.5 "Designee(s)" refers to lead staff appointed by the Department or Agency Director to provide oversight, tracking and guidance to supervisors and managers to ensure the appropriate handling of alleged policy violations.

5.6 "Enforcement agencies" means agencies that are authorized by law to accept and investigate employment discrimination complaints such as the Equal Employment Opportunity Commission, the Washington State Human Rights Commission, and the King County Office of Civil Rights Enforcement (OCRE).

6.0 POLICIES:

6.1 It is the policy of King County that employees not be discriminated against on the basis of sex. In keeping with that policy, the King County Executive will not tolerate sexual harassment, inappropriate behavior of a sexual nature and/or retaliation by any Executive Branch employee. The Executive considers sexual harassment to be misconduct in violation of this policy.

6.2 Supervisors, as well as employees with supervisor responsibilities shall report all incidents of sexual harassment, inappropriate behavior of a sexual nature and/or retaliation, and that any County employee who experiences or witnesses such conduct are strongly encouraged to report it.

6.3 All reports of alleged violations of this policy will be addressed through the procedures set forth below. Reports may be oral or written and may come from any source.

6.4 All employees with supervisory responsibilities should be trained in detecting and addressing sexual harassment, inappropriate behavior of a sexual nature, and retaliation.

7.0 PROCEDURES:

Action By: OHRM

Action:

7.1 Work with Executive branch departments, offices and agencies to develop this policy and disseminate a summary of this policy to all employees.

Action By: Employee

Action:

7.2 Any County employee who experiences or witnesses what may be sexual harassment, inappropriate behavior of a sexual nature and/or retaliation should address or report it according to the following procedures:

7.2.1 Confront the alleged harasser to stop the behavior, and/or

7.2.2 Report incident of alleged sexual harassment to immediate supervisor, any other member of management within your agency, your director, his/her designee, and/or

7.2.3 Exercise your rights available under County, state or federal law, or applicable collective bargaining agreement to file a complaint of sexual harassment and/or retaliation.

Action By: Supervisor

Action:

7.3 Employees with supervisory responsibilities shall model appropriate behavior and strive to cultivate and maintain a work environment that is free from sexual harassment, inappropriate behavior of a sexual nature, and/or retaliation.

7.4 Supervisors will inform their employees of the County policy and procedures, and encourage them to report incidents of alleged said behavior to prevent and resolve such issues at the work place.

7.5 Supervisors who witness or learn of possible sexual harassment, inappropriate behavior of a sexual nature and/or retaliation, or receive a complaint or concern from an employee must take it seriously and respond promptly and appropriately:

7.5.1 Make a preliminary determination whether the complaint or concern can be addressed without additional investigation. Note that repeated complaints or concerns of a similar nature must be investigated.

7.5.2 Where an investigation is appropriate, develop a response plan. The plan may include describing the investigation protocol and plan, coaching the complainant on how to tell the harasser to stop the behavior, mediating or in some cases of a more serious nature, immediately taking action to separate the complainant and the accused, pending completion of the investigation.

7.5.3 Inform the Department Director's designee and consult with the designee and/or OHRM for technical assistance.

7.5.4 As needed, conduct a prompt investigation to determine whether a violation of this policy has occurred based on all facts and circumstances, the nature of the allegation, and context in which the alleged incidents occurred. Based on this determination, make a preliminary decision on what, if any action shall be taken.

7.5.5 Consult with the Department Director's designee on the results of the investigation and recommended disposition of the complaint or concern and any corrective and/or preventive measures such as discipline, training and monitoring of the situation.

7.5.6 Inform the employee who raised the complaint or concern, and the accused employee of the results of the investigation orally and in writing, whether or not there was a finding of sexual harassment, inappropriate behavior of a sexual nature, and/or retaliation.

7.5.7 Promptly implement identified corrective and/or preventive measures.

7.5.8 Monitor for retaliation against any person involved in the filing or investigation of said complaint or concern.

7.5.9 Upon receipt of a complaint filed with an enforcement agency, immediately notify and provide a copy of the complaint to the Director's Office designee and to OHRM, and cooperate in the investigation process.

Action By: Designee

Action:

7.6 On behalf of the Director, provide oversight, tracking, monitoring, and guidance to management to ensure appropriate handling of sexual harassment, inappropriate behavior of a sexual nature, and/or retaliation complaints or concerns. Provide complaint/concern information to OHRM on a regular basis. Ensure dissemination of the policy summary to all employees with written acknowledgment of receipt.

Action By: OHRM

Action:

7.7 Provide policy development, training and technical assistance to King County Executive Branch departments and agencies.

7.7.1 Provide training to departments and/or provide referrals to qualified training consultants; provide tracking mechanism to departments; and conduct annual review of alleged and proven violations of this policy to determine patterns and practices for prevention/intervention purposes.

7.7.2 Coordinate with the department's response to sexual harassment and/or retaliation complaints filed with enforcement agencies or in court.

8.0 RESPONSIBILITIES:

8.1 Directors are responsible for informing all employees, including supervisors that: (a) sexual harassment or inappropriate behavior and/or retaliation in connection with filing said complaints or expressing concerns will not be tolerated and is a serious misconduct which may result in disciplinary action; and (b) there are procedures that must be followed immediately if employees believe they have been subjected to above behaviors.

8.2 Directors are responsible for providing leadership, resources and holding management accountable to ensure successful notification, training, implementation and compliance with this policy.

8.3 OHRM is responsible for developing policy summary, training program, consultant resources, providing technical assistance and tracking mechanism for departmental dissemination and policy implementation purposes.

8.4 Supervisors are responsible for complying with this policy and procedures outlined within.

8.5 Employees are responsible for complying with this policy and procedures, and bringing forward issues of sexual harassment, inappropriate behavior of a sexual nature, and/or retaliation as outlined under this policy.

9.0 APPENDICES:

None