I.
AUTHORITY:
42
U.S.C. Section 2000e et seq.;
29 CFR 1604.11;
and Ark. Code Ann. Section § 16-123-105(1).
II.
POLICY:
It is the policy of this Agency to provide an environment where
employees can work together comfortably and productively, free from sexual
harassment. Sexual harassment is prohibited by state and federal law and will
not be tolerated.
This policy applies to all phases of employment, including
testing, training, hiring, promotion, demotion, transfer, and
termination.
III.
APPLICABILITY:
Employees of the Departments of Community Punishment and
Correction and agents thereof.
IV.
DEFINITION:
Sexual Harassment - Unwelcome sexual
advances, requests for sexual favors, and other verbal or physical conduct of a
sexual nature constitute sexual harassment 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 work environment.
V.
EXAMPLES OF PROHIBITED
BEHAVIOR:
1. Unsolicited
and unwelcome contact that has sexual overtones, including:
a. written contact, such as sexually
suggestive or obscene letters, notes, or invitations;
b. verbal contact, such as sexually
suggestive or obscene comments, threats, slurs, epithets, jokes about
gender-specific traits, or sexual propositions;
c. physical contact, such as intentional
touching, pinching, brushing against another's body, impeding or blocking
movement, assault, or coercing sexual intercourse; and
d. visual contact, such as leering or staring
at another's body, gesturing, or displaying sexually suggestive objects,
pictures, cartoons, posters, or magazines.
2. Continuing to express sexual or social
interest after being informed that the interest is unwelcome.
3. Using sexual behavior to control,
influence, or affect the career, salary, or work environment of another
employee.
4. Suggesting,
threatening, or implying that failure to accept a request for a date or sexual
intimacy will affect an employee's job opportunities or performance
reports.
5. Offering benefits, such
as promotion, favorable performance evaluations, favorable assigned duties,
shifts, or recommendations in exchange for sexual favors.
VI.
COMPLAINT
PROCEDURE:
The Departments shall establish procedures by which complaints
may be resolved.
VII.
RETALIATION:
Any employee bringing a sexual harassment complaint will not be
adversely affected in terms and conditions of employment, or discriminated
against or discharged because of the lodging of a complaint.
VIII.
DISCIPLINE:
Any employee found to have violated this policy shall be subject
to appropriate disciplinary action, up to and including discharge.
Board Approval Date: 11/16/00
Effective Date: March 25, 2001
