004.00.20 Ark. Code R. 017

Current through Register Vol. 49, No. 10, October, 2024

Rule 004.00.20-017 - AR 226 Sexual Harrassment

I.AUTHORITY:

42 U.S.C. Section 2000e et seq.; 29 CFR 1604.11; and Ark. Code Ann. Section § 16-123-105(1).

II.POLICY:

It is the policy of this Agency to provide an environment where employees can work together comfortably and productively, free from sexual harassment. Sexual harassment is prohibited by state and federal law and will not be tolerated.

This policy applies to all phases of employment, including testing, training, hiring, promotion, demotion, transfer, and termination.

III.APPLICABILITY:

Employees of the Departments of Community Punishment and Correction and agents thereof.

IV.DEFINITION:

Sexual Harassment - Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

1. submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment;

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 individual's work performance or creating an intimidating, hostile, or offensive work environment.

V.EXAMPLES OF PROHIBITED BEHAVIOR:

1. Unsolicited and unwelcome contact that has sexual overtones, including:

a. written contact, such as sexually suggestive or obscene letters, notes, or invitations;

b. verbal contact, such as sexually suggestive or obscene comments, threats, slurs, epithets, jokes about gender-specific traits, or sexual propositions;

c. physical contact, such as intentional touching, pinching, brushing against another's body, impeding or blocking movement, assault, or coercing sexual intercourse; and

d. visual contact, such as leering or staring at another's body, gesturing, or displaying sexually suggestive objects, pictures, cartoons, posters, or magazines.

2. Continuing to express sexual or social interest after being informed that the interest is unwelcome.

3. Using sexual behavior to control, influence, or affect the career, salary, or work environment of another employee.

4. Suggesting, threatening, or implying that failure to accept a request for a date or sexual intimacy will affect an employee's job opportunities or performance reports.

5. Offering benefits, such as promotion, favorable performance evaluations, favorable assigned duties, shifts, or recommendations in exchange for sexual favors.

VI.COMPLAINT PROCEDURE:

The Departments shall establish procedures by which complaints may be resolved.

VII.RETALIATION:

Any employee bringing a sexual harassment complaint will not be adversely affected in terms and conditions of employment, or discriminated against or discharged because of the lodging of a complaint.

VIII.DISCIPLINE:

Any employee found to have violated this policy shall be subject to appropriate disciplinary action, up to and including discharge.

Board Approval Date: 11/16/00

Effective Date: March 25, 2001

004.00.20 Ark. Code R. 017

Adopted by Arkansas Register Volume MMXXI Number 07, Effective 3/25/2001