As in effect on June 1, 2008
It is the State of Utah's policy to:
(1) provide all employees a working environment that is free from unlawful harassment based on race, religion, national origin, color, sex, age, disability, or protected activity under the anti-discrimination statute; and
(2) comply with state and federal laws regarding discrimination based on unlawful harassment.
(1) Unlawful harassment means discriminatory treatment based on race, religion, national origin, color, sex, age, protected activity or disability. Discrimination based on unlawful harassment will not be tolerated. Violators shall be subject to corrective action or disciplined and may be referred for criminal prosecution. Discipline may include termination of employment.
(2) Unlawful harassment includes the following subtypes:
(a) behavior or conduct in violation of Subsection R477-15-2(1) that is unwelcome, pervasive, demeaning, ridiculing, derisive, or coercive, and results in a hostile, offensive, or intimidating work environment;
(b) behavior or conduct in violation of Subsection R477-15-2(1) that results in a tangible employment action being taken against the harassed employee.
(3) The imposition of corrective action and discipline is governed by Section R477-10-2 and Rule R477-11.
(4) An employee shall be subject to corrective action or discipline for unlawful harassment towards another employee, even if that harassment occurs outside of scheduled work time or work location, provided that the harassment meets the requirements of Subsection R477-15-2(2).
(5) Individuals affected by alleged unlawful harassment may, but shall not be required to, confront the accused harasser before filing a complaint.
(6) Once a complaint has been filed, the accused shall not communicate with the complainant regarding allegations of harassment.
(1) No person may retaliate against any employee who opposes a practice forbidden under this policy, or has filed a charge, testified, assisted or participated in any manner in an investigation, proceeding or hearing under this policy, or is otherwise engaged in protected activity.
(2) Any act of retaliation toward the complainant, witnesses or others involved in the investigation shall be subject to corrective action or disciplinary action. Prohibited actions include:
(a) open hostility to complainant, participant or others involved;
(b) exclusion or ostracism of the complainant, participant or others;
(c) creation of or the continued existence of a hostile work environment;
(d) discriminatory remarks about the complainant, participant or others;
(e) special attention to or assignment of the complainant, participant or others to demeaning duties not otherwise performed;
(f) tokenism or patronizing behavior;
(g) discriminatory treatment;
(h) subtle harassment; or
(i) unreasonable supervisory imposed time restrictions on employees in preparing complaints or compiling evidence of unlawful harassment activities or behaviors.
Individuals affected by unlawful harassment may file complaints and engage in an administrative process free from bias, collusion, intimidation or retaliation.
(1) Individuals who feel they are being subjected to unlawful harassment should do the following:
(a) document the occurrence;
(b) continue to report to work; and
(c) identify a witness, if applicable.
(2) An employee may file an oral or written complaint of unlawful harassment with their immediate supervisor, any other supervisor within their direct chain of command, the agency human resource office or the Department of Human Resource Management.
(3) Any complaint of unlawful harassment shall be acted upon following receipt of the complaint.
(a) Complaints may be submitted by any individual, witness, volunteer or other employee.
(b) Complaints may be made through either verbal or written notification and shall be handled in compliance with confidentiality guidelines.
(c) Any supervisor who has knowledge of unlawful harassment shall take immediate, appropriate action and document the action.
(4) If an immediate investigation by the agency is not warranted, a meeting shall be held with the complainant, the supervisor or manager of the appropriate division, and others as appropriate to communicate the findings and management's resolution of the complaint.
(1) The investigative procedures established by agencies shall allow the complainant to make specific requests relating to the investigation process and about the person or persons who will conduct the investigation. The agency shall attempt to comply with these requests, but may take whatever action necessary and appropriate to resolve the complaint.
(2) Preliminary reviews and investigations must be conducted in accordance with procedures issued by the Department of Human Resource Management.
(3) Results of Investigation
(a) If the investigation reveals that disciplinary action is warranted, the agency head shall take appropriate action as provided in Rule R477-11.
(b) If an investigation reveals evidence of criminal conduct in unlawful harassment allegations, the agency head or Executive Director, DHRM, may refer the matter to the Attorney General's Office or County or District Attorney as appropriate.
(c) If an investigation of unlawful harassment reveals that the accusations are unfounded, the findings shall be documented, the investigation terminated, and appropriate parties notified.
(d) Investigations shall be conducted by qualified individuals based on DHRM standards.
(1) A separate protected record of all unlawful harassment complaints shall be maintained and stored in the agency's human resource office, DHRM office or in the possession of an authorized official. Removal or disposal of records in the protected file may only be done with the approval of the agency head or Executive Director, DHRM, and only after minimum timelines specified herein have been met. Records shall be kept for: a minimum of three years from the resolution of the complaint or investigative proceeding.
(2) Supervisors shall not keep separate files related to complaints of unlawful harassment.
(3) All information contained in the complaint file shall be classified as protected pursuant to requirements of Section 63-2-304, Government Records Access and Management Act.
(4) Information contained in the unlawful harassment protected file shall only be released by the agency head or Executive Director, DHRM, when in compliance with the requirements of law.
(5) Participants in any unlawful harassment proceeding shall treat all information as protected.
(6) Final disposition of unlawful harassment cases shall be communicated to appropriate parties.
(1) Agencies shall comply with the Unlawful Harassment Prevention Training Standards set by DHRM. As a minimum, these shall contain:
(a) course curriculum standards;
(b) training presentation requirements;
(c) trainer qualifications; and
(d) training records management criteria.
administrative procedures, hostile work environment
July 3, 2001
June 9, 2007
December 13, 2006 67-19-6; 67-19-18; Governor's Executive Order on Prohibiting Ulawful Harassment,
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