Office of Civil Rights

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Sexual Harassment Policy

Revised December 2009

Sexual harassment is defined under state and federal laws as unsolicited and unwelcome sexual
advances, requests for sexual favors, and other verbal, physical, or visual conduct of a sexual nature that interferes with work performance by creating an intimidating, hostile, or offensive work
environment. Such conduct constitutes sexual harassment when:

(1) Submission to the conduct or communication is made either explicitly or implicitly a term
     or condition of employment.
(2) Submission to or rejection of the conduct or communication is used as a basis for employment      or service decisions affecting the individual.
(3) Such conduct or communication has the potential to negatively affect an individual’s work
      performance and/or create an intimidating, hostile, or offensive work environment.

CDCR has a zero tolerance policy regarding sexual harassment. Zero tolerance means that all violations of the sexual harassment policy will be handled through the progressive discipline process. The type of prohibited discriminatory or harassing behavior which may be found to constitute a violation of CDCR’s zero tolerance sexual harassment policy includes, but is not limited to:

• Demanding sexual favors in exchange for employment benefits, whether explicitly or implicitly.
• Leering, making sexual gestures, impeding or blocking movements, pinching, grabbing, patting,
   intentionally brushing up against another individual, rape or assault.
• Engaging in retaliation after a negative response to sexual advances.
• Using sexually derogatory terms or telling sexual jokes.
• Displaying objects, cartoons, pictures, or posters of a derogatory or sexual nature.
• Posting, sending, or uploading/downloading sexual or demeaning materials in any form via
   electronic mail, the intranet/internet websites, or cell phone.
• Engaging in any unwanted physical contact including touching, leering, and assault of a sexual
   nature.
• Following or stalking an employee.
• Making harassing telephone calls of a sexual nature to a coworker, or sending harassing
   correspondence to an individual by any means including, but not limited to, the use of public or
   private mail, interoffice mail, facsimile, computer e-mail or text messaging.

31010.3 Conduct Violations - EEO Policy and Violations

The type of prohibited discriminatory or harassing behavior which may be found to constitute a violation of EEO policy includes, but is not limited to:

• Making employment decisions on the basis of an individual’s protected characteristics.
• Changing the terms, conditions, or privileges of employment of an employee in retaliation for filing an EEO complaint or participating in the discrimination complaint process.
• Denying or failing to provide reasonable accommodation for a disability or a bona fide religious practice.
• Denying a leave request for which an employee is eligible under FMLA or CFRA.
• Using discriminatory terms or telling discriminatory jokes that are based on an individual’s protected status.
• Displaying objects, cartoons, pictures, or posters that are derogatory or discriminatory based on an individual’s protected status.
• Posting, sending, uploading/downloading messages with discriminatory or retaliatory content in any form via electronic mail, the intranet/internet websites, cell phone, office mail, or personal mail.
• Discriminating against any employee in violation of this policy so as to create a hostile work environment.
• Engaging in any unwanted physical contact or leering.
• Making harassing telephone calls to a coworker, or sending harassing correspondence to an individual by any means including, but not limited to, public or private mail, interoffice mail, facsimile, computer email or text messaging.

Managers and Supervisors

Under the supervision of the Hiring Authority, all CDCR managers and supervisors shall:

• Maintain and promote a work environment free from discrimination, harassment, retaliation, and unprofessional or disrespectful conduct related to this policy.
• Adhere to the EEO/Sexual Harassment policy and procedures, applicable state and federal law,
discrimination complaint process and ensure they are communicated to all employees under their supervision.
• Take pro-active steps to prevent unprofessional or disrespectful behavior.
• Take immediate and appropriate action to stop the conduct that violated this policy, regardless of the employee’s desire to keep the issue confidential.
• Ensure that employees under their management or supervision have received EEO/Sexual Harassment training and a copy of the policy.
• Advise their employees of their rights and the process for filing an EEO/Sexual Harassment complaint.
• Notify in writing (e-mail can be used) his or her direct supervisor and the local EEO Coordinator within 24 hours of becoming aware of conduct that may violate CDCR’s EEO/Sexual Harassment policy.
• Document the discussion with the employee and submit it in writing to the EEO Coordinator within three working days from the date the employee informed the supervisor of the alleged violation.
• Attend mandated EEO/Sexual Harassment Prevention training.  Failure by a manager and supervisor to adhere to the above responsibilities may result in corrective and/or disciplinary action up to and including dismissal from CDCR. Separate from any action taken by CDCR, managers and supervisors should be aware that his or her conduct may result in personal civil liability.

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