Sexual Harassment Policy
Sexual Harassment
Sexual harassment is one form of unlawful harassment prohibited by the federal Civil Rights Act of 1964 and LA R.S. 23:301 et seq. Sexual harassment is defined as:
* unwelcome sexual advances,
* requests for sexual favors, and
* other visual, verbal, or physical conduct of a sexual nature; when:
* a person’s employment depends on submission to the conduct,
* submission to or rejection of the conduct affects employment decisions
concerning the person, or
* such conduct unreasonably interferes with a person’s work performance
or creates an intimidating, hostile, or offensive working environment.
Forms of Sexual Harassment
Sexual harassment on the job may take several forms, including:
* unwelcome sexual flirtations, advances, propositions, or gestures,
* requests for sexual favors,
* sexual advances,
* discriminatory intimidation or ridicule,
* sex-based slurs or epithets,
* extremely insensitive conduct because of sex/gender,
* unwelcome or offensive touching,
* continued or repeated verbal abuse of a sexual nature,
* verbal harassment, such as jokes and innuendoes,
* graphic, verbal comments about an individual’s body,
* the display of pornographic, racist, or sexually suggestive materials, or
degrading materials relating to a person’s protected status, including
materials displayed using electronic communication resources (such as
internet, intranet, voice mail or e-mail system),
* jokes or cartoons of sexual nature on display or distributed,
* conduct based on sex, but not motivated by sexual desire, such as the
use of sexual stereotypes.
Managers or Supervisors may never threaten or insinuate that an employee’s refusal to submit to sexual advances will affect the employee’s employment, evaluation, wages, advancement, or other terms and conditions for employment.
Employee Responsibility
All employees have an obligation to contribute to a harassment – and discrimination – free workplace by immediately reporting if they:
* feel uncomfortable in a situation because of someone’s harassing, sexually
suggestive, abusive or discriminatory behavior,
* feel that another’s harassing, sexually suggestive, abusive or discriminatory
comments or actions are improper in a work environment,
* believe that another’s harassing, sexually suggestive, abusive or
discriminatory behavior impairs their ability to do their job, or
* want the harassing, sexually suggesting, abusive or discriminatory behavior
to stop.
All employees have an obligation to cooperate in company workplace investigations.
Complaint Procedure
Individuals who believe they have experienced or witnessed harassment are required to immediately report the incident to the Clerk of Court or Chief Deputy at the first instance. If the employee feels uncomfortable reporting the incident of harassment to the Clerk of Court or Chief Deputy, or feels that sufficient attention has not been given to his or her complaint, the employee should contact Debbie D. Hudnall, the Executive Director of the Louisiana Clerk of Court’s Association, by calling 1-800-256-6660.
All complaints of unlawful harassment, discrimination and retaliation will be investigated and appropriate action will be taken to prevent and promptly correct any discriminatory harassing behavior. Complaints will be kept confidential, to the extent reasonable possible; however, complete confidentiality cannot be guaranteed.
Employees may be disciplined, up to and including immediate discharge, for violations of the Equal Employment Opportunity or Harassment policies.
Non-Retaliation
Employees who report a violation of the Equal Employment Opportunity or Harassment policies in good faith or participate in an investigation will not be retaliated against. This means employees engaging in this protected activity will not suffer an adverse employment action (such a termination, demotion, reassignment, reduction in pay, change in pay, working hours or benefits, amongst other actions) because they made a good faith report of the violation. Anyone who engages in such retaliatory behavior will be subject to appropriate discipline, up to and including termination.
Sexual harassment is a form of sex discrimination that violates federal and state law. In addition to the policy and procedures provided in the Clerk of Court’s Policy to Prevent Sexual Harassment, there are federal and state laws related to sexual harassment in the workplace. Such laws can be found under Title VII of the federal Civil Rights Act, and under Louisiana Revised Statutes, Section 51:2231, et seq. and La. R.S. 42:341 et seq.
