Chapter 3 – Personnel, Training, and Employee Relations

31010.6 Sexual Harassment Violations

• Sexual harassment is defined under State and federal laws and by this policy 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 in violation of this policy when:

  • Submission to the conduct or communication is made either explicitly or implicitly a term or condition of employment.

  • Submission to or rejection of the conduct or communication is used as a basis for employment or service decisions affecting the individual.

  • 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.

• The type of prohibited discriminatory or harassing behavior which may be found to constitute a violation of CDCRCalifornia Department of Corrections and Rehabilitation’s EEOEqual Employment Opportunity Office (see Office of Internal Affairs) policy includes, but is not limited to:

  • Demanding sexual favors in exchange for employment benefits, or as a term or condition of employment, whether explicitly or implicitly.

  • Engaging in any unwanted physical contact, including touching, leering, making sexual gestures, impeding or blocking movements, pinching, grabbing, patting, intentionally brushing up against another individual in a sexual manner, rape, or sexual assault.

  • Engaging in retaliation after a negative response to sexual advances.

  • Using sexually derogatory terms or telling sexual jokes and/or stories.

  • 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, cell phone, interoffice mail, or public or private mail.

  • Following or stalking an employee.

  • Making harassing telephone calls of a sexual nature to a coworker, or sending sexually harassing correspondence to an individual by any means including, but not limited to, the use of public or private mail, interoffice mail, facsimile, electronic mail, or text messaging.