It continues to be the policy of the Lexington-Fayette Urban County Government that harassment of its employees in any form is prohibited. The urban county government is committed to providing and maintaining a work environment that is free of harassment in compliance with local, state, and federal regulatory requirements.
Workplace harassment prohibited by this policy is defined as,
Unwelcomed verbal or physical conduct that (a) slanders or shows hostility toward an individual or group of individuals because of race, color, religion, national origin, age, disability, gender, gender identify, sexual orientation, or any other factor that is protected by applicable law, (b) has the purpose or effect of creating a hostile or intimidating environment, or (c) interferes with an individual’s work performance or employment opportunities.
Workplace harassment also occurs when an employee is forced to choose between submitting to harassment and some unfavorable job consequence such as not being hired, being discharged, or losing a promotion. Verbal threats that are not carried out may also constitute harassment. Such behavior is prohibited whether between supervisors and employees, among coworkers, or directed at urban county government employees by non-employees.
Hostile environment harassment
Generally involves unwelcome comments or actions that relate to an employee’s race, color, gender, religion, national origin, age, disability, or other protected classification, which affects the employee’s psychological well-being at work and/or which creates an offensive or hostile work environment.
Examples of prohibited behavior include, but are not limited to the following.
- Racial or ethnic slurs.
- Written or graphic material that shows hostility or ridicule toward an individual or group.
- Jokes that are demeaning to a racial or religious group or to a particular nationality, gender, or other protected group(s) of persons.
- Hazing, which can include humiliation, practical jokes, and horseplay.
- Other behavior that creates a hostile, intimidating work environment.
Sexual harassment
Generally involves unwelcome verbal or physical conduct of a sexual nature and occurs when (a) submission to such conduct is made either implicitly or explicitly a term or condition of an individual’s employment, (b) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (c) 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. Examples of prohibited behavior include, but are not limited to the following.
- Demands for sexual favors accompanied by threats concerning an individual’s employment status.
- Demands for sexual favors accompanied by promises of special treatment concerning an individual’s employment status.
- Verbal, written, or graphic communications of a sexual nature
- Unwelcome physical touching including patting, pinching, or other unnecessary/unwelcome contact with another’s body.
- Offensive comments, jokes, innuendoes.
- Other sexually-oriented statements and sexual conduct, which has the purpose, intent, or effect of interfering with an individual’s work performance or which creates an intimidating, hostile, or offensive work environment.
Purely voluntary personal or social relationships between and among employees are not prohibited. Personal relationships between supervisors and any employee they supervise are strongly discouraged. Because it is sometimes difficult to determine whether a particular action or incident arose in a voluntary intimate or personal relationship or in a prohibited sexual harassment setting, the facts of each case shall be examined carefully. Supervisors shall realize, however, that their attention shall be welcomed by the employees, not merely tolerated, in order to shield themselves from liability.
Reporting
Employees with questions or concerns about any type of harassment in the workplace or who believes they have been the subject of harassment or who have witnessed another employee as the subject of harassment should report the alleged problem immediately to human resources, employee relations section. Employees are not required to complain to the person that they allege is the cause of the problem, nor are they required to complain to their supervisor, division director, or commissioner. However, should a supervisor, division director, or commissioner receive a complaint of harassment, they shall be required to report the allegation immediately to human resources, employee relations section and take no immediate action pending the advice of human resources, employee relations section. Human resources, employee relations section, will conduct all investigations of alleged harassment. Unless authorized by the CAO, under no circumstances should someone outside of human resources conduct an investigation.
All reports will be treated as serious in nature, and they will be investigated promptly and thoroughly. Delays in reporting a complaint may hinder investigative procedures. An investigation may include witness interviews and statements concerning the complaint. As much confidentiality as possible will be maintained during the investigation. As a reminder, an employee is never required to file a complaint with the person against whom the complaint is directed.
Retaliation prohibited
Retaliation (e.g. for filing a bona fide complaint or for assisting in an investigation) is strictly prohibited and should be reported. Similarly, all employees shall realize that this policy does not support false accusations.
Consequences for Harassment
Any supervisor or employee who violates any portion of this policy will be subject to appropriate disciplinary action up to and including charges being filed for dismissal.
Education and Prevention
To ensure understanding of and compliance with this policy, the Lexington-Fayette Urban County Government will provide regular, periodic training for employees about harassment in the workplace. Every employee shall receive a copy of the harassment policy and a copy shall be posted in each division as well as online.
Reference:
EEOC
CAO Policy 05: Policy and Procedures for Harassment Complaints