WHEREAS, sexual harassment in the workplace is not merely
offensive but is a form of discrimination in violation of Federal and State
law; and
WHEREAS, every State employee is entitled to a working
environment free from sexual harassment and its deleterious economic,
psychological and physical effects; and
WHEREAS, the cost to the State is considerable in both
human and financial terms including the replacement of personnel who leave
their jobs, increased use of health benefit plans due to emotional and physical
stress, absenteeism, and decline in individual and workgroup
productivity;
NOW, THEREFORE, I, Mario M. Cuomo, Governor of the State of
New York, by virtue of the authority vested in me by the Constitution and Laws
of the State of New York, do hereby establish a New York State Policy Statement
on Sexual Harassment in the Workplace.
I. The head of each department, agency,
board, commission or other entity under the jurisdiction of the Executive
Branch shall:
a. Issue a strong management
policy statement defining and prohibiting sexual harassment in the workplace.
The policy statement should inform employees of their rights of redress, and
the availability of complaint resolution channels and assistance with incidents
of sexual harassment. The policy statement should make clear that sexual
harassment is considered a form of employee misconduct and that sanctions will
be enforced against individuals engaging in sexual harassment and against
supervisory and managerial personnel who knowingly allow such behavior to
continue.
b. Widely distribute the
policy statement by providing it to all employees, including it in new employee
orientation, and publicizing it in internal employee publications.
c. Conduct appropriate training to instruct
and sensitize all employees.
d.
Develop guidelines to ensure the swift and thorough investigation of
allegations and complaints of sexual harassment and enforcement of appropriate
sanctions including disciplinary actions. The affirmative action officer shall
have responsibility for processing complaints. Because of the sensitivity of
the issue, particular efforts should be made to conduct investigations with due
regard for confidentiality to ensure protection of the complainant and the
accused. Although the intent is to address and resolve these matters at the
workplace, victims should be informed of the various administrative and legal
remedies available.
The complaint procedure should provide for subsequent
review to determine if the sexual harassment has been effectively
stopped.
e. Provide the
Governor's Office of Employee Relations with a copy of the policy statement and
a brief description of the actions taken and planned in regard to preventing
and combating sexual harassment in the State workplace, and report all
complaints and their resolution to the Governor's Office of Employee Relations.
As used in this Order, unwelcome sexual advances, requests
for sexual favors, or other verbal or physical conduct of a sexual nature will
constitute sexual harassment when:
1.
Submission to the conduct is either explicitly or implicitly a term or
condition of an individual's employment; or
2. Submission to or rejection of such conduct
by an individual is used as the basis for employment decisions affecting such
individual; or
3. The conduct has
the purpose or effect of unreasonably interfering with an affected person's
work performance, or creating an intimidating, hostile, or offensive work
environment.
II. The Governor's Office of Employee
Relations shall provide information to the entities covered by this Executive
Order to assist in the implementation and the operation of the policy
established by this Executive Order.
Nothing in this Order shall be construed to enlarge upon
nor limit or abridge the rights of any person under the United States or State
Constitutions of the Statutes of the United States or the State of New
York.
Signed: Mario M. CuomoDated: May 31, 1983
