Discrimination, Harassment, Harassing Conduct, and Retaliation Defined

The Department is dedicated to promoting a workplace that provides equal opportunities for all and is free of discrimination, harassment, and retaliation. Any form of discriminatory, harassing, or retaliatory conduct undermines the morale and values of the Department and has no place in our workplace.  A critical part of achieving a workplace free of these types of conduct is for all employees to know what these terms mean.  

Discrimination

The differential treatment of an individual or group of people based on their race, color, national origin, religion, sex (including pregnancy and gender identity), age, marital and parental status, disability, sexual orientation, or genetic information.  

Harassment

Unwelcome conduct that is based on race, color, religion, sex, national origin, age, disability or genetic information. Harassment becomes unlawful where enduring the offensive conduct becomes a condition of continued employment or the conduct is sufficiently severe or pervasive to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. “Sexual” harassment is a particular type of harassment that includes unwelcome conduct such as sexual advances, requests for sexual favors or dates, remarks about an individual’s appearance, discussions, remarks or jokes of a sexual nature, and/or other verbal or physical harassment of a sexual nature. The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer. 

Harassing Conduct

Unwelcome conduct, verbal or physical, including intimidation, ridicule, insult, comments, or physical conduct, that is based on an individual’s protected status or protected activities under Personnel Bulletin 18-01, when the behavior can reasonably be considered to adversely affect the work environment, or an employment decision affecting the employee is based upon the employee’s acceptance or rejection of such conduct. Protected status is defined as an individual’s race, color, religion, sex (including pregnancy and gender identity), sexual orientation, national origin, age, disability, family medical history (including genetic information), status as a parent, marital status, or political affiliation. Protected activity includes reporting harassing conduct, discrimination or retaliation; filing a claim of harassment; providing evidence in any investigation; or intervening to protect others who may have suffered harassing conduct, discrimination or retaliation.

Retaliation

Taking an action that might deter a reasonable person from participating in activity protected by antidiscrimination and/or whistleblower laws. Protected activity includes: complaining about discriminatory or harassing behavior; disclosing/reporting violations of law, rule or procedure or fraud, waste or abuse; and participating in discrimination or whistleblower proceedings (such as an investigation or lawsuit). Retaliatory actions are not limited to formal personnel actions such as termination, demotion, non-promotion, or non-selection. Retaliatory actions are broadly defined to harassing behavior, significant changes to job duties or working conditions, and even threats to take personnel actions. Retaliation against employees who engage in protected activities under Personnel Bulletin 18-01 is also prohibited by that policy.