There will be no discrimination against any employee on the basis of sex; sexual harassment will not be tolerated. Sexual harassment is defined as, but not limited to, making unwelcome sexual advances, requests for sexual favors, and/or conducts of a sexual nature when:
- (a) Submission to such conduct is made a condition of employment.
- (b) Submission to or rejection of such conduct is used as a basis for employment decisions (compensation, terms, conditions, evaluations, or privileges, etc.) affecting the individual.
- (c) Such conduct has the purpose or effect of unreasonably interfering with the individual's work performance or creating an intimidating, hostile, or offensive work environment.
- (d) Any employee who is found in violation after investigation by the proper authority, will be subject to progressive disciplinary action, including termination.
- (f) The department cannot be responsible for problems involving sexual harassment which are not brought to its attention.
- (g) Any employee who believes that he/she has been subjected to sexual harassment must report the alleged incident as soon as possible. This report should be made to any of the following: supervisor, Personnel officer, Facility or Division/Bureau Director, Associate Commissioner, Deputy Commissioner, or the Commissioner of Mental Health/Mental Retardation.
- (h) An immediate investigation shall be made of all complaints.
Author: Bureau of Human Resource Management
Statutory Authority: Code of Ala. 1975, §22-50-11.
History: Original rule filed September 30, 1982. Revised: Filed, October 30, 1992. Effective: January 18, 1993.