SEXUAL HARASSMENT

I. PURPOSE:
In recognition of the dignity and worth of each person in State employment, this policy concerning sexual harassment is promulgated State-wide. All employees - female or male - shall be permitted to work in an environment free from all forms of unlawful discrimination and conduct which can be considered harassing, coercive or disruptive, including sexual harassment. Sexual harassment is a form of employee misconduct which undermines the integrity of the employment relationship. Sexual harassment debilitates morale and interferes with work productivity and, therefore, will not be tolerated.
 

 

II. COVERAGE:
 

A. This policy applies to all employees in State departments, colleges and authorities, and prohibits such conduct by or towards all employees.
 

B. Independent contractors, vendors and all other parties engaged in a business relationship with the State of New Jersey are expected to adhere to the spirit and intent of this policy.
 

 

III. DEFINITIONS:
 

A. Sexual Harassment is defined as: Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct based on gender 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 working environment including, but not limited to:

 

Gender Harassment: Generalized gender-based remarks and behavior;
 

Seductive Behavior: Inappropriate, unwanted, offensive physical or verbal sexual advances;
 

Sexual Bribery: solicitation of sexual activity or other sex-linked behavior by promise of reward;

Sexual Coercion: coercion of sexual activity by threat of punishment; and
 

Sexual Assault: Gross sexual imposition like touching, fondling, grabbing, or assault.


 

IV. AUTHORITY:
 

Title VII of the Civil Rights Act of 1964 as amended; N.J.S.A. 10:5-1 et.seq.; N.J.S.A.1 11A:1-1 et.seq.; N.J.A.C. 4A:7-1.3. et. seq.
 

 

V. RESPONSIBILITIES:
 

A. Managerial/Supervisory:
In order to ensure the integrity of the work environment, managerial and/or supervisory personnel are required to ensure adherence to and compliance with this policy; and, upon being informed of possible sexual harassment, are required to take appropriate immediate action in response, including informing employees of their right to file a discrimination complaint with their Affirmative Action Officer.
 

B. Employee:

 
 

1. Employees are encouraged, whether directly or through a third party, to notify the alleged harasser that the behavior in question is offensive and unwelcome. However, failure to do so would not preclude filing a complaint.
 

2. Employees are encouraged to promptly report all alleged incidents of sexual harassment.
 

3. There are various ways in which employees may file discrimination complaints, including sexual harassment, either concurrently or sequentially:
 

a. Affirmative Action Office:
(The complainant may initiate a sexual harassment or other discrimination complaint directly with the Division of Equal Employment Opportunity and Affirmative Action, Department of Personnel, if filing the complaint with the appointing authority would pose a conflict of interest by virtue of the alleged harasser having any involvement in the intake, investigative or decision-making process.)

b. Other Forums:
(See Attachment I, "Sexual Harassment Complaint Processes Available to NJ State Employee.")


 

VI. TRAINING:
 

A. Recognizing the diversity and complexity of sexual harassment issues and the State workforce, education and training will be provided to equip all employees and supervisors to act effectively in the work environment, free from sexual harassment.
 

B. Those individuals administering the response process to sexual harassment complaints shall receive additional training and education on an ongoing basis.
 

 

VII. CONFIDENTIALITY:
To the extent possible, the sexual harassment investigative proceedings will be conducted in a manner to protect the confidentiality of the complainant, the alleged harasser and all witnesses. All parties involved in the proceedings will be advised to maintain strict confidentiality, from the initial meeting to the final agency decision, to safeguard the privacy and reputation of all involved.
 

 

VIII. RETALIATION:
It shall be a violation of this policy for any employee to take reprisals against any person because she/he has filed a complaint, testified or assisted in any proceeding under this policy. Threats, other forms of intimidation, and/or retaliation against the complainant or any other party based on involvement in the complaint process may be cause for disciplinary action.
 

 

IX. PROTECTION OF ALL PARTIES:
 

A. All complaints will be addressed.
 

B. The alleged harasser will be notified once a formal complaint is filed with the Affirmative Action Office or with the Division of Equal Employment Opportunity and Affirmative Action in the Department of Personnel.
 

C. A finding of no probable cause as a result of an investigation does not necessarily establish that an accusation is false. However, this policy shall not be used to intentionally bring frivolous or malicious charges against any employee.

 

X. REMEDIAL ACTION:
Remedial action for employees found in violation of this policy may be progressive in nature and include:

 
 

1. Referral to counseling;
 

2. Oral Reprimand;
 

3. Written Reprimand;
 

4. Reassignment;
 

5. Suspension (with or without pay);
 

6. Termination; and
 

7. Referral to the criminal justice system for possible violation.


 

XI. DOCUMENTATION:
It will be the responsibility of the Division of Equal Employment Opportunity and Affirmative Action in the Department of Personnel to receive and collect data regarding complaints filed under this policy.
 

 

XII. INCIDENTS INVOLVING VENDORS:
Procedures shall be developed to address incidents of sexual harassment involving independent contractors or vendors conducting business with the state of New Jersey.
 

 

XIII. DISTRIBUTION:
The distribution of the policy shall consist of:

 
 

1. Distribution to all current employees;
 

2. Distribution to all new hires; and
 

3. Reissuance of a general policy statement at least once per year to all employees.


The state of New Jersey is committed to maintaining a heightened awareness of the personal dignity of others by fostering a work environment free of sexual harassment.
 

 

Revised: November 1996

AFFIRMATIVE ACTION  - 48-03-003

 

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