03-01.10 ANTI-HARASSMENT & SEXUAL HARASSMENT POLICY

 

A.   The CPDAO is committed to providing a work environment that promotes equal   

employment opportunities and prohibits unlawful discriminatory practices, including harassment.

 

B.    It is the policy of CPDAO to ensure equal employment opportunity without   

       discrimination or harassment with respect to race, religion, color, sex, national

       origin, age, disability or any other protected status.  All such harassment is not

       only unlawful but is specifically prohibited by the CPDAO.

 

C.   Sexual harassment on the job violates Title VII of the Civil Rights Act of 1964.

      Sexual Harassment means "any unwelcome sexual advances or requests for sexual

      favors or any conduct of a sexual nature."

 

            Training Requirement:  The CPDAO requires, pursuant to Louisiana Revised

            Statutes 42:343, all employees either temporary or permanent, under contract or 

              appearing in a representative capacity on behalf of the CPDAO to receive one (1)  

              hour of sexual harassment training annually.

           

            The Human Resources Department will provide an opportunity to fulfill this      

              requirement and will provide an online option.

 

D.   Types of Harassing Conduct

 

       1.   Sexual harassment is defined as unwelcome sexual advances, requests for

            sexual favors and other verbal or physical conduct of a sexual nature when:

 

            a.   Submission to such conduct is explicitly or implicitly made with a

                  a term or condition of an individual's employment; or

            b.   Submission to or rejection of such conduct by an individual is used as

                   the basis of employment decisions affecting such individual; or

            c.   Such conduct has the purpose or effect of interfering unreasonably

                   with an individual's performance or creating an intimidating, hostile

                   or offensive environment.

 

       2.   Sexual harassment may include a range of subtle and not-so-subtle behaviors

            and may involve individuals of the same or different gender.  Depending on

            the circumstances, these behaviors may include but is not limited to:

 

            a.   Sexual flirtations, advances, or propositions;

            b.   Verbal abuse of a sexual nature, including threats, off-color jokes,

                  or crude and offensive language;                      

c.   Graphic or suggestive comments about an individual's appearance

                  or dress;

            d.   Leering or whistling;

            e.   The display of sexually suggestive objects or pictures;

            f.   Any offensive or unwanted physical conduct such as indecent gestures, touching, patting or pinching;

            g.   Physical restraint or assault;

            h.   Sending sexually suggestive notes or messages;         

            i.   Any other unwelcome physical, verbal or visual conduct of a sexual

                 nature.

 

       3.   Harassment on the basis of any other protected characteristic is also strictly

            prohibited.  The CPDAO policy prohibits harassment with respect to race, color, gender, religion, national origin, age, disability, and any other protected status.  Harassing conduct includes slurs or negative stereotyping; threatening, intimidating or hostile acts; denigrating jokes; and written or graphic material that denigrates or shows hostility or aversion toward an individual or group that is posted or circulated in the workplace.

 

       4.   Harassing conduct communicated or transmitted electronically through

            e-mail, phone messages, tweets, blogs, social networking sites, or other

            means is prohibited.

 

E.   Individuals Covered

 

            This anti-harassment policy and sexual harassment policy applies to all employees

              of the CPDAO, as well as CPDAO vendors, contractors, and customers.

 

F.   Notification Procedure

 

      1.   Any employee who feels that he or she has been subjected to harassing

            conduct or believes he or she has witnessed such conduct has a

            responsibility to report the situation as soon as possible to their

            supervisor, Administration, or any member of management.

 

      2.   When possible, the CPDAO encourages employees to promptly advise the

             offender that his or her behavior is unwelcome and request that the

             conduct discontinue.

 

      3.   All complaints will be taken seriously and investigated.  All employees

             and witnesses are expected to cooperate with the investigation.  Information   

             provided by employees will be treated as confidential.  The information may

             be disclosed to those who have a need for the information or when required

             in the course of investigation, or by law.  False information provided by an employee

             may subject that employee to discipline, up to and including termination.

 

      4.    Harassment by any employee is grounds for disciplinary action, up to and

            including termination.

 

      5.    Retaliation against an individual for reporting harassment or discrimination

            or for participating in an investigation of a claim is a serious violation of this

            policy and will be subject to disciplinary action.  Acts interpreted as retaliation should be reported immediately according to the notification procedure and will be promptly investigated and addressed.

 

G.   Investigative Procedure

 

1.       Upon receiving a sexual harassment/harassment complaint, it will become that supervisor’s responsibility to immediately report it to one of the following:

 

a.       Chief of Staff

b.      Chief of Litigation

c.       First Assistant District Attorney

 

2.       It will be the responsibility of the Chief of Staff, Chief of Litigation, or First Assistant

District Attorney to ensure the following is done in a timely manner:

 

a.        The complaint is documented.

b.      An investigator is assigned to conduct a complete and thorough investigation.

c.       The investigator submits (in a timely manner) a detailed report and any

evidence (witness statements, electronic messages, etc.) pertinent to the

investigation.

 

3.       Once the investigation is complete, it will be the responsibility of the Chief of Staff,

Chief of Litigation, or First Assistant District Attorney to ensure the following:

 

a.        Provide a written disposition that states findings (sustained, unsustained,

unfounded), corrective action (if applicable), and/or disciplinary action (if applicable).

 

b.       There is no retaliation against any person who files a complaint or is a witness in

an investigation.  Retaliation will not be tolerated and will result in severe

consequences.