1. (1) Workplace harassment occurs when conduct:

   1. (a) is based on race, religion, national origin, color, sex, age, disability, pregnancy, sexual orientation, gender identity, or protected activity or class under state or federal law;
   2. (b) is unwelcome, pervasive, demeaning, ridiculing, derisive, or coercive; and
   3. (c) results in a hostile, offensive, or intimidating work environment.
2. (2) Discrimination occurs when a tangible employment action is taken against an employee because of any characteristic or activity listed in Subsection R477-15-1(1)(a).

3. (3) Management may discipline an employee for violating workplace policies, even if:

   1. (a) the conduct occurs outside of scheduled work time or work location; or
   2. (b) the conduct is not sufficiently severe to constitute a violation of law.
4. (4) Once a complaint has been filed, the accused may not communicate with the complainant regarding allegations of harassment.

It is the policy of this state to provide a work environment free from discrimination and harassment based on protected class or activity. This policy regulates behaviors that are harassing, discriminatory, or retaliatory regardless of whether the behavior would constitute a violation of applicable state or federal laws.

KEY: administrative procedures, hostile work environment

Date of Last Change: July 1, 2025

Notice of Continuation: March 9, 2022

Authorizing, and Implemented or Interpreted Law: 63A-17-106; 63A-17-306; 63G-2-305; E.O. No. 2019-1 "Prohibiting Unlawful Workplace Harassment, Discrimination, and Retaliation and Ordering a Mandatory Supervisor Training Program"