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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 working
environment.
Although unwelcome sexual advances, requests for sexual favors, and other verbal or physical
conduct of a sexual nature are examples of unacceptable conduct in the workplace, unlawful sexual
harassment is not dependent on whether offensive acts or comments were sexual in nature, but
whether the acts or comments are directed at a person because of his or her sex. Sexual
harassment can be committed by both men and women. And, it may occur between members of
the opposite sex, or between members of the same sex. Sexual harassment can take place between
(1) any two state employees, (2) a state employee and a non-state employee, including a contractor,
or (3) between a state employee and a visitor, guest, client, patient, offender, or resident.
Accordingly, this policy prohibits unwelcome, hostile or offensive conduct, whether of a sexual or
non-sexual nature, that is directed at, or is motivated by, a person because of his or her sex.
Examples of sexual harassment, include, but are not limited to:
• Unwelcome sexual advances.
• Hostile conduct based on the person’s sex, sexual orientation, or gender identity.
• Requesting or offering sexual favors in return for job benefits.
• Actions such as cornering, patting, pinching, touching or brushing against another person’s
body that are sexual in nature.
• Open speculation or inquiries about another person’s sex life.
• Jokes, remarks, or innuendos that are sexual in nature or based on real or perceived sexual
orientation or gender identity about another person, or about men or women in general.
• Displaying sexually explicit material in the work place.
• Conditioning work benefits on submission to sexual advances, tolerance of a sexually hostile
work environment or giving preferential treatment because of another person’s submission
to sexual advances, or tolerance of a sexually hostile work environment.
III. EXECUTIVE BRANCH AGENCY AND EMPLOYEE DUTIES AND RESPONSIBILITIES
A. Employee Responsibilities
All executive branch employees are responsible for knowing and understanding this policy,
and for maintaining a work atmosphere free of all forms of sexual harassment. In order to
ensure the prompt investigation and response to any alleged incident of sexual harassment,
each employee is strongly encouraged to immediately report any conduct prohibited by this
policy in accordance with Section IV, below.
If an employee experiences or witnesses any incident of inappropriate or unprofessional
behavior in the workplace he or she believes may violate this policy, the employee should
immediately report the incident and, if circumstances permit, express his or her concerns
directly to the offending person. However, if the employee is not comfortable with
addressing concerns with the offending person, the employee may report the matter to his