Orange County

Orange County Policy Number: B30.00

Sanitation District Effective Date: April 28, 1999

Subject: HARASSMENT POLICY Supersedes: October 22, 1997

Approved by: Mike Piterman

PURPOSE

It is the policy of the Orange County Sanitation District to provide a working environment for all employees which is free of harassment and discriminatory intimidation whether based on race, color, religion, sex, sexual orientation, age, national origin, disability, veteran status, marital status exercise of rights relating to family care leave, or any other legally protected basis.
All District employees are expected to support and comply with this policy. Any supervisor or manager observing or knowing of a harassing situation shall take immediate action to stop it. Supervisory and management personnel who receive reports of harassment are expected to consider all such complaints seriously and take immediate steps to implement this policy in accordance with the provisions contained herein.

ORGANIZATIONAL UNITS AFFECTED

This policy applies to all employees regardless of their organizational unit. Additionally, all persons who perform any services for the District, regardless of their employment status are covered by this policy.

DEFINITIONS

Harassment for the purposes of this policy, includes verbal, physical or visual conduct that is so severe and pervasive that it creates a hostile or abusive working environment, and interferes with an employee’s ability to do his or her job.

Examples of Prohibited Behavior:

Verbal conduct such as epithets, demeaning comments of a personal nature, derogatory jokes, slurs, yelling, screaming, intimidation or threats

Physical contact such as assault, unwanted touching, blocking normal movement, pushing or interfering with work because of sex, race or any other protected basis.

Retaliation for having reported or threatened to report harassment

Sexual Harassment may involve the behavior of a person of either sex against a person of the opposite or same sex, and occurs when such behavior constitutes unwelcome sexual advances, unwelcome requests for sexual favors, and other or welcome verbal, physical, or visual behavior of a sexual nature where.

Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;
Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting the individual’s welfare; or
Such conduct has the purpose or effect of substantially interfering with an individual’s welfare or work performance, or creates an intimidating, hostile, offensive, or demeaning work environment.

Examples of Prohibited Behavior:

Prohibited acts that constitute sexual harassment may take a variety of forms. Example of the kinds of conduct that may constitute sexual harassment include, but are not limited to:

Unwelcome sexual propositions, invitations, solicitations, flirtations and gestures
Threats or insinuations that a person’s employment, wages, promotional opportunities, or other conditions of employment may be adversely affected by not submitting to sexual advances.
Unwelcome verbal expressions of a sexual nature, including graphic sexual commentaries about a person’s body, dress, appearance or sexual activities, the unwelcome use of sexually degrading language, jokes or lnnuer does unwelcome suggestive or insulting sounds or whistles.
Sexually suggestive objects, pictures, videotapes, audio recordings or literature placed in the work area which may embarrass or offend individuals.
Unwelcome touching, patting or pinching.
Consensual sexual relationships where such relationships lead to favoritism of a subordinate employee with whom the superior is sexually involved and where the conduct has the purpose or affect of substantially interfering with another individual’s welfare or work performance, or creates an intimidating, hostile, offensive, or demeaning work environment.

POLICY

The Orange County Sanitation District will not tolerate any form of harassment and is committed to providing a work environment that is free from unlawful discrimination.
The District will take allegations of harassment seriously and will respond promptly to complaints of harassment. Where it is determined that inappropriate conduct has occurred, the District will act immediately to eliminate the conduct and impose such corrective action as is necessary, including disciplinary action where appropriate.

PROCEDURE

5.1 Any employee who believes that he or she has been the victim of harassment prohibited by this policy must immediately report the matter, verbally or in writing, to his or her supervisor or manager, or to any other supervisor or manager, including the General Manager, or to the Human Resources Department.

Upon receipt of the complaint, the District will promptly investigate the allegation in a fair and expeditious manner. The investigation will be conducted in such a way as to maintain confidentially to the extent practicable under the circumstances and permissible under the law. If it is determined that unlawful harassment has occurred, appropriate corrective action will be taken.
It is important to be aware that under the California Fair Employment and Housing Act ("FEHA"), employees may be held personally liable for any acts of unlawful harassment.

EXCEPTIONS
PROVISIONS AND CONDITIONS

I. 7.1 Post in office.

8.0 RELATED DOCUMENTS