§ 154-5. Sexual harassment policy and procedures.

(a)

Introduction. In an effort to foster a working environment which enhances productivity and promotes the mutual respect and personal dignity of all employees of Fulton County the county manager, the board of commissioners and department heads are committed to a policy which ensures that employees are not subjected to sexual harassment in the workplace. The following policy and procedures are designed to prohibit sexual harassment, coercion, intimidation, exploitation and/or reprisal to employees from supervisory officials which result from sexually harassing behavior. It is further the policy of Fulton County to ensure compliance with all state and federal laws and regulations prohibiting sexual harassment.

(b)

Statement of policy. Sexual harassment of any person employed by Fulton County is hereby prohibited.

(c)

Scope of policy. This policy shall apply to all Fulton County employees, department heads, and elected or appointed officials.

(d)

Definition. The definition of sexual harassment is as follows: All unwelcome sexual advances, requests for sexual favors, and other verbal or physical contact of a sexual nature, if submission to such conduct is made explicitly or implicitly a term or condition of an individual's employment or contractual standing; or submission to or reject of such conduct by an individual is used as a basis for employment or decisions affecting an individual's employment; or such conduct unreasonably interferes with an individual's work performance or creates a working environment that is intimidating, hostile, or offensive. Examples of sexually harassing conduct include, but are not limited to: sexual innuendo; leering or ogling; insults; whistling; suggestive comments; obscene gestures; pressure for sexual activity between employees; posting of nude or sexually suggestive pictures, calendars, jokes, or cartoons; sexual remarks or inquiries about a person's clothing or body; inappropriate touching or brushing of the body; sexual propositions; coerced sexual intercourse or other sexual conduct; inquiries about an employee's sexual practices or habits; suggestive or insulting sounds; impeding or blocking of movement of an employee; and patting or pinching.

(e)

Procedures for investigating complaints of sexual harassment. The department of contract compliance and EEO shall have responsibility for investigating complaints of sexual harassment. Such complaints shall have priority and shall be handled in a timely manner. Any employee who believes that he or she has been subjected to sexual harassment should file a written complaint with the department of contract compliance and EEO. This complaint should include a description of the behavior complained of, the dates of the behavior, the identity of the person committing the sexual harassment, a brief description of the circumstances and facts surrounding the events of sexual harassment, and the name of any person who may have knowledge of facts or circumstances surrounding the complaint. After receiving the complaint, the department of contract compliance and EEO shall review the complaint and discuss the allegations with the complainant. Thereafter, the department of contract compliance and EEO shall confer privately with the person alleged to have committed the sexual harassment. The department of contract compliance and EEO will invite, but not require, the alleged offender to respond to the complaint in writing. The department of contract compliance and EEO will investigate the facts contained in the complaint, including reviewing all documentary information and interviewing persons who may have knowledge of the complaint, and consulting with legal counsel, if necessary. The investigation shall be confidential, and all documents received in connection therewith shall be considered confidential and privileged. The department of contract compliance and EEO will make a recommendation to the county manager and, if appropriate, the department head, regarding whether the complainant has been a victim of sexual harassment, and any recommendation regarding possible disciplinary action. The department of contract compliance and EEO will also advise the complainant of the results of the investigation, as well as other alternatives for redress. All complaints should be filed as soon as possible within 30 days of the occurrence. Nothing in this policy shall be construed to require a complainant to file a written complaint with the department of contract compliance and EEO prior to or in lieu of seeking redress with other agencies or the courts.

(f)

Disciplinary action. All disciplinary action for violation of this policy shall be governed by the guidelines set forth in article 13, PR 1800-2 of the Personnel Regulations of Fulton County. Appeals of disciplinary actions by classified employees shall be made to the personnel board or to the grievance review committee in accordance with the provisions of the Personnel Regulations of Fulton County. Department heads and nonclassified employees may seek redress for any disciplinary action through the grievance review committee. Officials appointed by the Board of Commissioners of Fulton County may seek redress for any disciplinary action before the board. Nothing in this policy shall be construed to prohibit any person from seeking redress with any federal or state agency, or the courts.

(91-RC-534, §§ I—VI, 11-6-91)