This policy is intended to promote a favorable work environment free from offensive behavior and intimidation detracting from employees' ability to perform their jobs. It identifies procedures to be followed in investigating and resolving complaints alleging specifically prohibited conduct, and emphasizes the education and training of state employees to further their compliance pursuant to these state and federal requirements.

I. POLICY STATEMENT

All employees of the State of New Hampshire are entitled to work in an environment free of sexual harassment. Sexual harassment has been shown to have a devastating impact on victims and coworkers and the state is committed to preventing and eliminating such misconduct in the workplace. To accomplish these goals, the state's policy against sexual harassment shall be clearly and regularly communicated to all state employees, both supervisory and non-supervisory, through periodic educational programs and training. In addition, this policy shall be implemented through the complaint investigation procedures set forth below.

All complaints of sexual harassment or retaliation shall be promptly and thoroughly investigated. Particular care shall be taken in the course of investigations to protect the confidentiality of all involved. Should it be determined that a state employee has committed sexual harassment, immediate and appropriate corrective and/or disciplinary action shall be taken. This may include discharge and/or other forms of discipline under rules of the Division of Personnel.

II. POLICY PURPOSE - STATEMENT OF PROHIBITED CONDUCT

Harassment and discrimination in employment based on sex are illegal under federal and state law and shall not be tolerated in state employment. Maintenance of a discriminatory work environment is also prohibited. Every working person has a duty to observe the law and shall be subject to disciplinary action such as discharge for failing to do so.

The following definition of sexual harassment is intended to describe the conduct prohibited by this policy:

SEXUAL HARASSMENT: an unwelcome sexual advance, a request for a sexual favor, or other verbal or physical conduct of a sexual nature constitutes sexual harassment when (1) submission to such conduct is made either 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 or creating an intimidating, hostile or offensive working environment.

Any supervisor who threatens or suggests, either explicitly or implicitly, that an employee's refusal to submit to sexual advances or other conduct of a sexual nature will adversely affect his/her employment, evaluation, wages, advancement, duties, shifts, or other condition of employment has committed sexual harassment.

Other sexually harassing conduct, whether committed by supervisory or non-supervisory personnel, is also prohibited. Such conduct includes, but is not limited to: repeated verbal abuse of a sexual nature; repeated offensive sexual flirtation; graphic verbal comments about an individual's body; sexually degrading words to describe an individual; repeated brushing, touching, patting, or pinching an individual's body; sexually explicit gestures; the display in the workplace of sexually suggestive, sexually demeaning, or pornographic objects, pictures, posters, or cartoons; inquiring or commenting about sexual conduct or sexual orientation or preferences; or verbal abuse consistently targeted at only one sex, even if the content of the abuse is not sexual.

Sexual harassment is unlawful and hurts other employees. When such misconduct creates or contributes to a discriminatory atmosphere in the workplace, it harms not only the direct victim, but also all others in the workplace. Accordingly, an employee who engages in sexual harassment shall be subject to disciplinary action which may include discharge.

III. PROCEDURES FOR MAKING, INVESTIGATING AND RESOLVING SEXUAL

HARASSMENT AND RETALIATION COMPLAINTS

A. COMPLAINTS

Complaints of sexual harassment or of retaliation for making such complaints shall be accepted, either in writing or verbally, by the Director of the Division of Personnel. Complaints may also be accepted by a supervisor, who shall then refer the complaint to the Director. In either case, the Director of Personnel shall then assign a human resources representative from the complainant's agency or from the Division of Personnel as investigator of the complaint. No employee shall be required to file a complaint with a supervisor who is hostile to that employee and/or who engages in conduct or has been alleged to have engaged in conduct which could be considered sexual harassment.

Any employee who has observed sexual harassment or retaliation against a person who has reported sexual harassment should report it to the investigator.

B. INVESTIGATION - CONFIDENTIALITY

All complaints shall be investigated expeditiously by the investigator. All interested persons shall be afforded an opportunity to submit information relevant to a complaint.

Investigations shall be conducted with particular care to preserve the confidentiality of all persons involved. Only those who have an immediate need to know, including, but not limited to, the investigator, the complainant and the alleged harasser or retaliator shall be provided with the identity of the complainant and the allegations. All parties contacted in the course of an investigation shall be advised of the necessity of confidentiality and that any breach of confidentiality shall be treated as misconduct subject to disciplinary action.

Investigations shall be completed and a written report issued within thirty (30) days of the receipt of the complaint. The investigator's report shall be disclosed to the complainant. If the investigator makes a determination that the complaint was proven by a preponderance of the evidence, the investigator shall disclose the report to the agency head along with a recommendation for corrective action and/or disciplinary action. The recommendation shall be based on the severity of the offense which shall be determined according to the totality of the circumstances. The intensity, frequency, and duration of the prohibited conduct shall be considered by the investigator. Other factors may include the extent to which the misconduct, however minor, may serve to isolate, limit, intimidate or otherwise increase the difficulties of job performance or atmosphere in the workplace for the complainant.

C. RETALIATION PROHIBITED

Retaliation of any kind against anyone who is involved in the investigation of or in making an allegation of sexual harassment is prohibited and may result in disciplinary action against the retaliator.

IV. STATE EMPLOYEE EDUCATION AND TRAINING

The State's policy against sexual harassment shall be communicated in writing to all employees. Educational posters communicating the state's opposition to sexual harassment shall be conspicuously and continuously displayed in the workplace. Such notices shall advise employees of the right to initiate a sexual harassment complaint through the procedures outlined in this policy as well as the right to initiate complaints with the New Hampshire Human Rights Commission and/or the Equal Employment Opportunity Commission.

Each state department or agency shall conduct periodic training to inform employees of the state's policy prohibiting sexual harassment and retaliation and the complaint and investigation procedures set forth herein. Such training shall include the following components:

A. FOR ALL EMPLOYEES: as part of general orientation, each recently hired employee shall be provided a copy of this policy and shall be requested to read it and sign a statement acknowledging the policy. In addition, supervisory employees who have attended a training seminar on sexual harassment, as set forth below, shall meet with employees under their authority once each year to advise them of the state's commitment to eliminate sexual harassment in the workplace, the penalties for engaging in sexual harassment, and the procedures for reporting incidents of sexual harassment.

B. FOR ALL SUPERVISORY EMPLOYEES: all supervisory personnel shall annually participate in a training session on sexual harassment and other forms of discrimination which includes information about the types of conduct which will not be tolerated in the workplace. Each participant shall be informed that he/she is responsible for knowing the contents of the state's sexual harassment policy and for giving similar presentations to employees.

OTHER LINKS

New Hampshire Commission for Human Rights
State Employee Assistance Program