Section 2.40 - EO, AA and Anti-Discrimination Policy

SECTION 2.40 STATE OF IOWA EEO AND AA POLICY

Last Update: 11/03

State of Iowa

EQUAL OPPORTUNITY, AFFIRMATIVE ACTION,

AND ANTI-DISCRIMINATION POLICY

For

Executive Branch Employees

NOTIFICATION AND EFFECTIVE DATE

All executive branch employees (herein “employees”) will be required to read this Equal Opportunity, Affirmative Action and Anti-Discrimination Policy, and will be expected to sign an Acknowledgment indicating that the Policy was read and fully understood by the employee. This revised Policy shall become effective November 1, 2001.

A. GENERAL STATEMENT OF POLICY

It is the policy of the executive branch of state government in the State of Iowa to provide equal access to all employees and applicants for employment. The intent of this policy is to ensure that employment opportunities, within the executive branch of state government in the State of Iowa, are accessible to all persons, and that executive branch agencies do not discriminate against any person because of race, creed, color, religion, sex, national origin, age, or physical or mental disability.

It is also the policy of the executive branch of state government in the State of Iowa to apply affirmative action measures to correct deficiencies in the state employment system whenever remedial measures are appropriate. This policy shall be construed broadly to effectuate its purpose. However, the remedies employed are only appropriate when consistent with state and federal statutes.

B. SEXUAL HARASSMENT

Sexual harassment is a violation of both federal and state statute. Harassment on the basis of sex is a violation of Section 703 Title VII of the Civil Rights Act of 1964 (42 U.S.C. Sec. 2000e et seq.) as amended. “Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute 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 unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.”

Within Iowa Code section 19B.12, “sexual harassment means persistent, repetitive, or highly egregious conduct directed at a specific individual or group of individuals that a reasonable person would interpret as intentional harassment of a sexual nature, taking into consideration the full context in which the conduct occurs, which conduct threatens to impair the ability of a person to perform the duties of employment, or otherwise function normally within an institution responsible for the person's care, rehabilitation, education, or training.”

Examples of sexual harassment include, but are not limited to:

1. Unwelcome sexual advances.

2. Gender-based animosity (hostile conduct based on the victim’s gender).

3. Requesting or offering sexual favors in return for job benefits.

4. Actions that are sexual in nature such as cornering, patting, pinching, touching or brushing against another person’s body.

5. Open speculation or inquiries about another person’s sex life.

6. Jokes, remarks, or innuendo that are sexual in nature about another person, or about men or women in general.

7. Displaying sexually explicit material in the work place.

8. 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.

Sexual harassment can take place between any two (2) or more state employees, regardless of gender or non-employees, with respect to sexual harassment of state employees in the workplace.

C. DISCRIMINATORY HARASSMENT IN VIOLATION OF IOWA CODE CHAPTER 216 AND FEDERAL STATUES

Harassment of employees based upon their race, creed, color, religion, sex, national origin, age, or physical or mental disability is a violation of the Iowa Civil Rights Act (Iowa Code chapter 216, as amended); Title VII of the Civil Rights Act of 1964, as amended; the Age Discrimination in Employment Act of 1978, as amended; and the Americans with Disabilities Act of 1990.

Examples of discriminatory harassment include, but are not limited to:

1. Abusing the dignity of an employee through insulting or degrading remarks or conduct.

2. Threats, demands, or suggestions that an employee’s work status is contingent upon.

3. Subjecting an employee to demeaning or degrading activities in order to gain co-worker acceptance, e.g., hazing.

4. Disciplining or terminating an employee because of work incompatibility that is caused by prohibited discrimination, harassment, or biased behavior.

D. DISCRIMINATORY PRACTICES IN VIOLATION OF EXECUTIVE ORDER NUMBER EIGHTEEN

Discriminatory practices within the executive branch of state government for the State of Iowa shall constitute a violation of Executive Order Number Eighteen. It shall be a discriminatory practice to refuse to hire, accept, register, classify, refer for employment, or to discharge or otherwise discriminate against any applicant or employee because of the race, creed, color, religion, gender, national origin, age, or physical or mental disability of such applicant or employee, unless based upon the nature of the occupation.

If a person with a disability is qualified to perform a particular occupation, by reason of training or experience, the nature of that occupation shall not constitute the basis for an exception to the unfair or discriminatory practices prohibited by this policy and state law.

Examples of discriminatory practices under this section include, but are not limited to:

1. Refusing to employ, disciplining, or terminating an individual for discriminatory reasons, or

2. Limiting, segregating, or classifying an employee in any way that would unjustly deprive, tend to deprive that person of employment opportunities, or otherwise affect the employment status of an employee for any reason that violates this section.

E. GRIEVANCE PROCEDURE

Any person who feels that he or she has been denied an employment opportunity because of race, creed, color, religion, sex, national origin, age, or physical or mental disability has the right and is encouraged, to file a complaint with the person’s department, pursuant to the department’s grievance procedure. A person may also file a complaint with the Iowa Civil Rights Commission or the appropriate federal enforcement agency.

There shall be no discrimination or retaliation against an individual who files a complaint alleging discriminatory harassment, or who aids another individual in filing a complaint alleging discriminatory harassment. An employee who has reason to believe that he or she has been retaliated against because of participation in an investigation of discriminatory harassment may also file a charge with the Iowa Department of Administrative Services – Human Resources Enterprise, the Iowa Civil Rights Commission, or the U.S. Equal Employment Opportunity Commission, whichever is appropriate.

Any person who believes that she or he has been the victim of discrimination under this section, or who has a concern about potential violations of this section, is directed to bring the matter to the attention of his or her immediate supervisor, appointing authority, or their designees, in accordance with the department’s established grievance procedure. If the concern or complaint involves the employee’s immediate supervisor, the employee is encouraged to file the concern or complaint with the next highest supervisor, or, in the alternative, to the Chief Operating Officer of the Iowa Department of Administrative Services – Human Resources Enterprise.

Department directors and agency heads are responsible for the enforcement of this section. The Chief Operating Officer for the Iowa Department of Administrative Services – Human Resources Enterprise shall assist departments and agencies with this responsibility. When applicable, state officials and employees shall cooperate fully with all appropriate individuals in the investigation of violations of this policy in order to create and maintain a workplace free from discrimination or discriminatory harassment.

The appointing authority shall promptly investigate all complaints. Each agency shall take final agency action in response to a complaint. The Iowa Department of Administrative Services – Human Resources Enterprise shall have the authority to conduct an investigation of practices prohibited under this policy when the Chief Operating Officer has determined that the investigation is necessary and consistent with the intent of this policy. If the complaint involves allegations of systematic discrimination, the Iowa Department of Administrative Services – Human Resources Enterprise may investigate the complaint, or supervise the investigation conducted by the agency implicated.

Corrective action shall be taken immediately to remedy violations of this policy, whenever warranted, up to and including the discharge of parties whose conduct violates this policy. A manager or supervisor who fails to properly act upon complaints or who has personal knowledge of a violation of this policy and fails to take appropriate action, shall be subject to disciplinary action up to and including discharge.

A copy of any complaint received, and its resolution shall be forwarded to the Chief Operating Officer of the Department of Administrative Services – Human Resources Enterprise within ten working days after receipt of the complaint. Interim reports will be provided to the Chief Operating Officer of the Iowa Department of Administrative Services – Human Resources Enterprise, as requested.

A person, other than a state employee, who is the victim of discrimination prohibited under this policy shall report the incident immediately to the department director of the agency affected, or the Chief Operating Officer of the Iowa Department of Administrative Services – Human Resources Enterprise.

F. ASSIGNMENT OF RESPONSIBILITIES

Department directors have the responsibility for the overall administration of this policy. This includes the responsibility for the following:

Equal Opportunity: Integrating equal opportunity into all parts of human resource and program management, reviewing all policies and procedures as they affect equal opportunity and ensuring compliance with relevant statutes.

Affirmative Action: Implementing an internal system for auditing and remedying disparities and underutilization in the workforce, and annually reporting the effectiveness of affirmative action efforts to the Chief Operating Officer of the Iowa Department of Administrative Services – Human Resources Enterprise.

Prevention of Harassment: Making every reasonable effort to prevent all forms of harassment from occurring and taking immediate and appropriate corrective action when harassment is brought to their attention, either directly or indirectly.

Any administrator, supervisor, or employee who engages in any form of discrimination or harassment prohibited by this policy or who retaliates against an individual who has complained of discrimination or harassment will be subject to disciplinary action up to and including discharge. Also, any administrator or supervisor who fails to act upon complaints of or on personal knowledge of workplace discrimination or harassment will be subject to disciplinary action up to and including discharge.

G. TRAINING

As a preventative measure, department directors and their employees shall attend training offered through the Iowa Department of Administrative Services – Human Resources Enterprise intended to sensitize and inform them concerning the elimination of discrimination and harassment in the workplace. This training shall include, but is not limited to, equal opportunity, affirmative action, diversity, and prevention of discrimination/harassment.

H. POSTING

This policy shall be posted in conspicuous places throughout each of the executive branch agencies of Iowa State government, included in employee handbooks, distributed to all agency employees, chairpersons of department advisory and policy-making groups, and agency-specific recruiting sources, vendors, and contractors.