1. Purpose
The purpose of this policy is to guide the Department of Transportation and Development and its employees in providing a work environment that is free from harassment of any employee by another employee, supervisor, contractor or customer.
Harassment negatively affects morale, motivation and job performance. It results in increased absenteeism, turnover, inefficiency and loss of productivity. It is inappropriate, offensive and illegal, and will not be tolerated.
2. Prohibited Conduct
This policy prohibits conduct that has the purpose or effect of unreasonably interfering with an individual's work performance or creating an offensive or hostile work environment and forbids harassment of any kind on the basis of race, sex, religion, color, national origin, age or disability.
Examples of conditions or behavior that, when unwelcome or repeated, may be harassment are: (1) sexual flirtations, advances, or propositions; (2) physical contact or touching such as patting, pinching, brushing against another's body, and impeding or blocking movement; (3) verbal comments or statements regarding an individual's race, sex, color, national origin, religion, age or disability such as derogatory comments or slurs, jokes, or graphic or degrading comments; (4) visual displays such as posters, cartoons, displays of suggestive, derogatory or degrading objects, pictures or drawings in the workplace.
3. Sexual Harassment
Sexual harassment is a form of sex discrimination and is an "unlawful employment practice" under Title VII of the 1964 Civil Rights Act. It is illegal when it is part of a manager's or supervisor's decision to hire or fire someone; when it is used to make other employment decisions like pay, promotion or job assignment; when it interferes with the employee's work performance; or when it creates an intimidating, hostile or offensive work environment.
Sexual harassment is defined as deliberate or repeated behavior of a sexual nature which is unwelcome. In addition to the behaviors described in Section 2, this policy prohibits any demand or subtle pressure for sexual favors accompanied by promises or threats relating to an individual's employment status.
4. Responsibilities
Every DOTD employee is expected to refrain from behaviors or activities in the workplace that may be considered harassment. Employees who experience harassment are encouraged to politely but firmly confront the harasser and ask the person to stop.
Additionally, supervisors and managers are responsible for ensuring that harassment does not occur in their work areas. Supervisors and managers must treat any observed or reported incident of harassment as a potentially serious breach of policy as well as a potential violation of the law and promptly report such incidents to the Headquarters Human Resources Section.
Individuals who feel they have been subjected to harassment must immediately report such treatment to a supervisor, manager, appointing authority or to the Human Resources Section (HQ Building, Room 300-W; telephone 225-379-1239 or -1259.)
5. Complaint Process
Complaints may be submitted verbally as described in the above paragraph or in writing, using the attached form. Complaints of harassment will be dealt with promptly. Investigations will be conducted in a thorough and impartial manner. The often confidential nature of such cases is recognized and will be respected to the extent permitted by law during investigation and corrective efforts.
When an investigation confirms that an individual has violated this policy, remedial action, including disciplinary action up to and including termination will be taken.
Employees retain the right to file a complaint of discrimination with the Equal Employment Opportunity Commission, the Louisiana Civil Service Commission or pursue any other legal remedy. This procedure does not extend any time limitations for filing with outside parties.
6. Retaliation
Retaliation of any kind directed against an individual because that person reported such harassment or participated in an investigation is absolutely prohibited.
7. Secretary’s Commitment
As DOTD Secretary, I am committed to preventing and eliminating all unlawful discriminatory conduct from our workplace. I further expect all supervisors and managerial personnel to take a leadership role in providing all employees with a workplace free from any form of discrimination or harassment. Kam K. Movassaghi, Ph.D., P.E. Secretary Attachment *Harassment Report
District/Section: ____Gang: _____Work Location:_______________________________
Telephone: _____________________
Name of Immediate Supervisor: _____________________________________________
Name of Person(s) Against Whom the Allegation is being made: _______________________________________________________________________
Give a clear and concise statement of the facts constituting each alleged charge and the dates, times and places when such act(s) allegedly occurred: (Use extra paper, if necessary)_______________________________________________________________
________________________________________________________________________
Name(s) of Witness(es):____________________________________________________
_____________________________ _________________________
(Signature of Person Filing Report) (Date Report Filed)