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STATE OF MAINE
BUREAU OF HUMAN RESOURCES
May 1, 2001
CIVIL SERVICE BULLETIN 13.4B
| TO: | Commissioners, Department Heads, Human Resource Representatives, Administrative Services Directors, EEO Officers |
| SUBJECT: | 1. Equal Employment Opportunity/Affirmative Action
Policy Statement 2. Policy Statement Against Harassment |
The purpose of this bulletin is to publish and distribute the revised Equal Employment Opportunity/Affirmative Action Policy Statement and the Policy Statement Against Harassment. This bulletin supersedes Personnel Bulletin 13.4 (11/24/80) and Civil Service Bulletin 13.4A (3/8/90). The revised policies are shown below and are part of this bulletin.
S/ Donald A. Wills
Donald A. Wills, Director
Bureau of Human Resources
STATE OF MAINE
EQUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION POLICY STATEMENT
The State of Maine shall continue to pursue a policy of non-discrimination in all employment actions, practices, procedures and conditions of employment.
1. Recruitment, testing, selection, and promotion will be administered without regard to race, color, religion, sex, national origin, ancestry, age, physical or mental disability, sexual orientation, or marital status unless a bona fide occupational qualification exists. Occupational qualifications shall be bona fide job requirements.
2. Further, personnel actions and conditions of employment, such as compensation, benefits, layoffs, job assignments, employee development opportunities and discipline shall be administered with the same absence of bias as above.
3. Employment decisions will be based on the principles of equal employment opportunity. Principles of affirmative action will apply where imbalances in the numbers of women, minorities and individuals with disabilities exist as demonstrated by the applicable EEO/AA Plan.
4. Reasonable accommodations will be made for any otherwise qualified individual, applicant or employee, in accordance with the provisions of the Maine Human Rights Act and the Americans with Disabilities Act.
5. Managerial and supervisory personnel are responsible for awareness of and response to potential discriminatory situations. Supervisory employees are required to cooperate fully with the investigation and/or resolution of any discrimination complaint. No manager or supervisor may act, or allow employees to act, in a retaliatory or harassing manner toward any employee who has been involved in the filing, investigation, or resolution of a discrimination claim.
6. The Department will attempt to address and resolve employee complaints regarding discrimination and harassment as expeditiously as possible.
7. This policy shall not be construed to prohibit any employment action or policy which is required by federal law, rule or executive order.
Each State agency has a designated EEO Officer who is responsible for the implementation, monitoring, and record keeping of the agency EEO/AA Program as well as providing technical assistance to applicants and employees.
Laurel Shippee, the State EEO Coordinator in the Bureau of Human Resources, is also available as a resource to any state employee or supervisor. She may be reached at 287-4425 [Note: Changed to 624-7368] (TTY - 287-4537).
I sincerely appreciate the continued cooperation and support of all employees and supervisors in making the State a successful equal opportunity employer and a positive example for other employers in the State.
S/ Angus S. King, Jr.
Angus S. King,
Governor
January 17, 2001
STATE OF MAINE
POLICY STATEMENT AGAINST HARASSMENT
I. General Policy Statement
The State of Maine recognizes the dignity of the individual employee and the right of employees to work in an environment which is free of intimidation and harassment. Such intimidation or harassment based on sex, race, color, religion, national origin, age, marital status, physical or mental disability, or sexual orientation is a violation of State policy. Harassment based on sex, race, color, religion, national origin, age or physical or mental disability also constitutes illegal employment discrimination. Because harassment on the basis of sex, race, color, religion, national origin, age, marital status, physical or mental disability, or sexual orientation seriously undermines the integrity of the work place and adversely affects employee morale, it is unacceptable and will not be tolerated. In addition, it is considered grounds for disciplinary action up to and including discharge.
Examples of harassment related to race, color, sex, national origin, age, religion, marital status, physical or mental disability or sexual orientation include the following, which may be a series of incidents or a single occurrence:
Harassment based upon race, color, sex, national origin, age, marital status, religion, physical or mental disability or sexual orientation is unprofessional and cannot be tolerated in the work place. Managers and supervisors must take prompt action to eliminate such harassment, because it undermines morale and interferes with performance, as well as demeans its victims. Lack of corrective action by managers and supervisors may be perceived by the victims as condoning such harassment. Corrective action is required regardless of whether the victim makes a formal complaint. Appropriate disciplinary procedures should be utilized in resolving incidents of such harassment.
II. Policy Prohibiting Sexual Harassment
"Sexual harassment" is defined as unwelcome sexual conduct that is a term or condition of employment. Unwelcome sexual conduct is sexual harassment when submission to such conduct is expressly or implicitly made a term or condition of employment.
"Quid pro quo" harassment occurs when submission or rejection of such conduct is used as the basis for employment decisions affecting an individual, such as promotions in exchange for sexual favors, or an unfavorable change of duties in response to rejected sexual advances.
"Hostile Work Environment." Unwelcome sexual conduct which unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive working environment also constitutes illegal sexual harassment. Conduct which is not sexual in nature may still create a sexually hostile work environment if it is based on the victim's gender. Such conduct may include excluding or isolating employees, tampering with belongings or equipment, or physical or verbal abuse based on gender.
As a matter of State policy, any behavior of a sexual nature in the workplace is considered unprofessional regardless of whether it constitutes illegal sexual harassment. Public service demands of each of us the highest standards of honesty, impartiality, and conduct in the performance of our duties. Each employee, therefore, is personally responsible for compliance with this policy.
As part of their supervisory responsibilities, supervisors are required to actively prevent or stop inappropriate, unprofessional conduct in the workplace regardless of whether the conduct rises to the level of illegal sexual harassment. If they become aware of any such conduct occurring, they must take immediate and appropriate corrective action, including discipline, to end the conduct. Corrective action is required regardless of whether a complaint is made or the conduct appears to be unwelcome.
The Department’s EEO Coordinator may be consulted for advice and direction and must be contacted if a complaint is received, even if the complainant requests that no action be taken. Managers and supervisors who fail to fulfill their obligations under this policy will be subject to disciplinary action, up to and including discharge.
Examples
Behavior that is sexual in nature may be verbal – such as comments about a person’s looks, personal inquiries, sexual jokes, use of derogatory sexual stereotypes ("babe", "hunk", "doll", "testosterone poisoning"), uttering sexually suggestive sounds, writing sexual notes, use of State computer equipment to send, receive and/or download material of a sexual nature; non-verbal - such as looking someone up and down, staring or leering at someone’s body, deliberate blocking of a person’s path, displaying sexual visuals, making sexual gestures; or physical – such as massaging, touching, deliberate brushing up against someone, hugging, pinching, grabbing, or actual sexual assault.
III. Applicability
Sections I, III, IV and V of this policy are applicable to all forms of harassment covered by this policy. This policy applies to:
IV. Complaint Process
The State of Maine is committed to preventing harassment prohibited by this policy through education and dissemination of information as well as employee accountability. Such harassment may be reported by any employee, regardless of whether that employee is the recipient of the harassment, a witness or otherwise becomes aware of harassment prohibited by this policy.
Internal complaints may be filed by contacting any of the following individuals:
Although every attempt will be made to resolve complaints at the lowest possible level, if an investigation is warranted, it will be conducted promptly and with as much confidentiality as possible, respecting the rights of all parties involved. All employees are expected to cooperate in any departmental investigation of harassment.
In addition to initiating the internal complaint procedure, employees covered by collective bargaining agreements may file a grievance through the applicable grievance procedure. A discrimination complaint alleging harassment on the basis of sex, race, color, religion, national origin, age or physical or mental disability may also be submitted to the Maine Human Rights Commission at any time within 180 days of the alleged discriminatory incident. It is not required that any of the above procedures be utilized first or in any sequence, nor is it required that any procedure be exhausted before the other is used.
For more information, contact: Maine Human Rights Commission ….624-6050
State EEO Coordinator……………….287-4425 [Note: Changed to 624-7368]
V. Retaliation
Any form of retaliatory action or threat or suggestion of retaliation by either employees or supervisors against any person filing a complaint under this policy or assisting in an investigation is a violation of State policy. Any form of retaliatory action or threat or suggestion of retaliation by either employees or supervisors against any person filing a complaint under this policy alleging discrimination or harassment on the basis of sex, race, color, religion, national origin, age, or physical or mental disability is illegal. A complainant is protected from retaliation regardless of the merits of the original complaint. Retaliation should be reported in the same manner as described above for complaints of harassment and will be promptly investigated. Such retaliatory conduct will be grounds for disciplinary action.
Each State agency has a designated EEO Officer who is responsible for handling complaints and providing technical assistance to staff regarding these issues.
Laurel Shippee, the state EEO Coordinator in the Bureau of Human Resources, is also available as a resource to any state employee or supervisor. She may be reached at (207) 287-4425 [Note: Changed to 624-7368] (TTY - 287-4537).
S/ Angus S. King, Jr.
Angus S. King
Governor
January 17, 2001