Title 42. Public Officers and Employees

Chapter 6. Prevention of Sexual Harassment

42:342     Mandatory policy prohibiting sexual harassment

A. Each agency head shall develop and institute a policy to prevent sexual harassment which is applicable to all public servants in the agency. 

B. At a minimum, the policy shall contain all of the following: 

(1) A clear statement that unwelcome sexual advances, requests for sexual favors, and other verbal, physical, or inappropriate conduct of a sexual nature constitute sexual harassment when the conduct explicitly or implicitly affects an individual’s employment or the holding of office, unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile, or offensive work environment and shall not be tolerated. 

(2) A description of the behavior the agency defines as inappropriate conduct, including examples. 

(3) An effective complaint or grievance process that includes taking immediate and appropriate action when a complaint of sexual harassment involving any public servant in the agency is received. The complaint process shall detail who may make a complaint, to whom a complaint may be made, and shall provide for alternative designees to receive complaints. Actions taken on the complaint shall be documented. 

(4) A clear prohibition against retaliation against an individual for filing a complaint or testifying or participating in any way in an investigation or other proceeding involving a complaint of sexual harassment. 

(5) A statement apprising public servants of applicable federal and state law on sexual harassment. 

Added by Acts 2018, No. 270, § 1, eff. Jan. 1, 2019.