1. (1) Abusive conduct includes physical, verbal or nonverbal conduct, such as derogatory remarks, insults, or epithets made by an employee that a reasonable person would determine:

   1. (a) was intended to cause intimidation, humiliation, or unwarranted distress;
   2. (b) exploits a known physical or psychological disability; or
   3. (c) results in substantial physical or psychological harm caused by intimidation, humiliation, or unwarranted distress.

2. (2) The following actions do not constitute abusive conduct unless they are especially severe and egregious:

   1. (a) a single act;
   2. (b) appropriate disciplinary or administrative actions;
   3. (c) appropriate coaching or work-related feedback;
   4. (d) reasonable work assignments or job reassignments; or
   5. (e) reasonable differences in styles of management, communication, expression, or opinion.
3. (3) Management may discipline an employee under this rule even if the conduct occurs outside of scheduled work time or work location.
4. (4) Once a complaint of abusive conduct has been filed, the accused may not communicate with the complainant regarding allegations in the complaint.

It is the policy of this state to provide a work environment free from abusive conduct.

KEY: abusive conduct, administrative procedures, hostile work environment

Date of Last Change: July 1, 2023

Notice of Continuation: March 9, 2022

Authorizing, and Implemented or Interpreted Law: 63A-17-106; 67-26-101