The Endless Chain Pig Club

CCPS Directive No. C.4

Starting page C.4 through 5

DEFINITION

Unlawful Workplace Harassment is unwelcome or unsolicited speech or conduct based upon race, sex, creed, religion, national origin, age, color, or handicapping condition as defined by G.S. 168A-3 that creates a hostile work environment or circumstances involving quid pro quo.

Hostile Work Environment is one that both a reasonable person would find hostile or abusive and one that the particular person who is the object of the harassment perceives to be hostile or abusive. Hostile work environment is determined by looking at all of the circumstances, including the frequency of the allegedly harassing conduct, its severity, whether it is physically threatening or humiliating, and whether it unreasonably interferes with an employee’s work performance.

Quid Pro Quo harassment consists of unwelcome sexual advances, request for sexual favors, or other verbal or physical conduct when (1) submission to such conduct is made either explicitly or implicitly 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.

Retaliation is adverse treatment which occurs because of opposition to unlawful workplace harassment.

Objectives

To achieve and maintain a work environment free of unlawful workplace harassment. To provide training to supervisors and employees on how to recognize and deal effectively with unlawful workplace harassment by:

a) developing and disseminating to all employees an unlawful workplace harassment policy statement for the agency upon approval of the guidelines;

b) sensitzing employees to the subject through training, orientation and literature;

c) developing disciplinary actions addressing unlawful workplace harassment, which will be done on a case by case, bases;

d) establishing unlawful workplace harassment grievance procedures upon approval of the plan;

Responsibility for Implementation

The basic responsibility for the Unlawful Workplace Harassment Plan rests with the EEO Officer under the supervision and guidance of the Personnel Director and ultimately, the Secretary.

The EEO Officer is responsible for the following:

C developing the policy statement;

C designing workshops and coordinating training for all employees;

communicating the policy and plan to all employees;

C maintaining an open‑door policy for all employees who desire advice and assistance concerning unlawful workplace harassment;

C investigating and documenting information for the files of cases alleging unlawful workplace harassment when appropriate;

C assisting the supervisor, complainant and offender in the interpretation and implementation of the unlawful workplace harassment policies, procedures and disciplinary actions;

C developing methods to evaluate program activities; and

C monitoring the procedures and disciplinary actions of all alleged cases.

All management and supervisory personnel will be responsible for:

C administering the Plan at the division level;

C taking immediate corrective action when a valid case is reported;

C advocating a work environment free of unlawful workplace harassment;

C counseling or coaching employees when appropriate to prevent unlawful workplace harassment; and

C maintaining confidentiality in all cases alleging unlawful workplace harassment.

All employees will be responsible for:

C reporting complaints or allegations of unlawful workplace harassment to management;

C adhering to the policy of the department;

C taking the appropriate courses of action if unlawful workplace harassment is experienced or observed; and

C maintaining a work environment free of unlawful workplace harassment.

TRAINING

The Department of Crime Control and Public Safety has the responsibility of taking steps to prevent and correct unlawful workplace harassment and retaliation. We will offer a training program for management, supervisors, and employees to sensitize them to the subject. This program is necessary to help meet the legal obligation as suggested under the policy and help create an environment which supports employees and encourages productivity. The training program will be designed by the Office of State Personnel, Equal Opportunity Services Division and will include the following components:

Training for management and supervisors on:

• The state’s policy
• Unlawful workplace harassment
• Unlawful workplace harassment grievance procedures
• Illegal discrimination and unlawful workplace harassment
• Corrective steps
• State and Federal laws
• Appropriate disciplinary actions

Training for employees on:

• Discrimination and unlawful workplace harassment
• The state’s policy
• Employee rights
• Grievance procedures
• State and Federal laws
• Disciplinary actions

COUNSELING

Some victims of unlawful workplace harassment has been known to experience some work related problems such as absenteeism, low productivity, inefficiency, as well as physiological problems which have been linked to stress. Assistance is available through the State Employee Assistance Program (EAP).

Dissemination

This department’s Unlawful Workplace Harassment Preventive Policy will be posted in areas frequented by the majority of all personnel (break rooms, office bulletin boards, etc.). The policy statement, including the definition of unlawful workplace harassment, has been published in the departmental monthly newsletter. The policy and grievance procedure will be discussed during the initial employee orientation and at regularly scheduled training sessions. Meetings will be held annually to discuss the implementation of this policy with the division directors.

All recruitment sources and prospective employees will be informed of the departmental Unlawful Workplace Harassment Policy.

Evaluation

The evaluation process will monitor training and dissemination of unlawful workplace harassment materials and analyze percentage of unlawful workplace harassment cases solved within one year of effective date of this plan. In addition, it is required to maintain and report unlawful workplace harassment complaints through established grievance mechanisms in the Personnel Management Information System (PMIS).