POLICY
It is the policy of the Ohio Department of Natural Resources to maintain a working environment free from any discrimination, and to prohibit sexual harassment of applicants, customers, clients and employees, including discriminatory sexual advances or harassment adversely affecting an employee's terms and conditions of employment either directly or indirectly.
DEFINITION OF SEXUAL HARASSMENT
Sexual harassment is defined as any unwelcome or unwanted sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when any one of the following criteria is met:
- Submission to such conduct is made either explicitly or implicitly a term or condition of the individual's employment.
- Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual.
- Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creates an intimidating, hostile or offensive work environment.
- Sexual harassment depends on how the person being harassed is affected, not on the harasser’s intent.
FORMS OF SEXUAL HARASSMENT
- Quid Pro Quo or “This for That” - The most direct and obvious form of sexual harassment. It typically occurs when a term or condition of employment is the basis of an individual’s acceptance or rejection of a request for sexual favors.
- Hostile Work Environment – The most basic form of sexual harassment. Generally occurs when the work place is depleted with sexual comments, innuendos, jokes, inappropriate touching, or other degrading or abusive conduct.
SEXUAL HARASSMENT MAY INCLUDE:
- Verbal: (e.g., threats, insults, offensive or suggestive comments, repeated and unwelcomed requests for dates, telling lies or spreading rumors about a person’s sex life or preferences);
- Non-verbal: (e.g., suggestive gestures or looks, staring or leering);
- Physical: (e.g., cornering or trapping, pinching, grabbing or patting, touching, invading a person’s space, hugging, kissing, rape or attempted rape).
FILING A COMPLAINT
Any applicant, customer, client or employee who believes that he or she is a victim of sexual harassment, through unwelcome sexual advances should advise the perpetrator that the action is not welcome and must stop; and/or consult their supervisor. If this is not an option, the aggrieved individual should then report such incident(s) to:
- Division/Office Human Resources personnel; or
- Office of Human Resources-Diversity Affairs Section; or
- Equal Opportunity Division of the Department of Administrative Services; or
A formal sexual harassment complaint may be filed with any or all of the following entities: (1) Diversity Affairs Section’s EEO officer within 30 days of the last incident or the Department of Administrative Services, Equal Opportunity Division; (2) the Ohio Civil Rights Commission (OCRC) within six months of the last incident; and/or (3) the federal Equal Employment Opportunity Commission (EEOC) within 300 days of the last incident. Notwithstanding these deadlines, a complaint reporting an incident of sexual harassment may be filed with the state at any time.
If an individual wishes to pursue the matter informally, the Diversity Affairs Section’s EEO officer will provide confidential counseling in order for the aggrieved individual to explain the matter and to determine whether a formal complaint should be filed.
Informal resolution may be pursued through the EEO officer at the request of the aggrieved individual.
In the event the aggrieved individual opts to file a formal complaint with Diversity Affairs Section, the EEO officer shall then conduct a formal investigation of the complaint. Within 60 days from the filing of this complaint, the agency shall render a decision of whether there was probable cause and the appropriate remedy, if a remedy is required.
RESPONSIBILITY
The Department recognizes its responsibility to provide its applicants, customers, clients and employees with an environment that is wholesome, safe, conducive and free of harassment of any kind. Sexual harassment should be reported immediately. Union members may also want to contact their respective union representative for information concerning member rights within the union contract.
ENFORCEMENT
Sexual harassment and related behavior in the workplace is inexcusably inappropriate, and will not be tolerated. Employees in violation of this policy, is subject to discipline, up to and including removal.
If an investigation finds that the accused harasser has engaged in harassment or retaliation against someone for filing a complaint or for cooperation in the investigation of a complaint, the Department will take appropriate corrective/disciplinary action up to and including dismissal.
There shall be no retaliation against an employee who cooperates with an investigation or for reporting allegations of harassment or other inappropriate behavior.
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