ARTICLE 10
SEXUAL HARASSMENT
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10.1 Purpose
10.1.1 This department shall actively discourage any form of sexual harassment.
10.2 Justification
10.2.1 Title VII of the Civil Rights Act of 1964 provides that it shall be unlawful discriminatory practice for any employer, because of the sex of any person, to discharge without cause, to refuse to hire, or otherwise to discriminate against that person with respect to any matter directly or indirectly related to employment. Harassment of an employee on the basis of sex violates this federal law.
10.3 Definition
10.3.1 To help clarify what constitutes sexual harassment the Federal Equal Employment Opportunity Commission and the State of California Fair Employment and Housing Commission have issued guidelines on the subject. Those guidelines state that unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature or visual forms as derogatory posters, cartoons, drawings, or pictures of a sexual nature, will constitute unlawful sexual harassment when:
a. Submission to sexual conduct is an explicit or implicit term or condition of an individual's employment; or
b. The submission to or rejection of sexual conduct by an individual is the basis for any employment decision affecting that individual; or
c . When sexual advances, request for sexual favors, or other verbal or physical conduct of a sexual nature or visual forms such as derogatory posters, cartoons, drawings, or pictures of a sexual nature have the purpose or the effect of unreasonably interfering with an individual's work performance or creates an intimidating, hostile, or offensive working environment.
10.4.1 This department encourages employees to report acts of sexual harassment.
10.4.2 Reporting of sexual harassment shall follow this department procedure for filing a grievance, Article -11- Grievance Procedures.
10.5.1 Any person found to be engaging in sexual harassment shall be disciplined as out lined by department policy, Article -12- Disciplinary Procedure.
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