Milwaukee County Sexual Harassment Policy
AN ORDER DEFINING THE STATE AND FEDERAL LANGUAGE PROVISIONS WHICH DEFINE SEXUAL HARASSMENT. ESTABLISHING PROCEDURES FOR THE INVESTIGATION OF SEXUAL HARASSMENT COMPLAINTS, AND DEFINING THE RESPONSIBILITIES OF MANAGEMENT IN THIS AREA.
WHEREAS, sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964 as amended, and
WHEREAS, sexual harassment is defined by the U.S. Equal Employment Opportunity Commission as:
"Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
submission to the conduct is made either explicitly or implicitly a term or condition of an individual's employment, or
submission to or rejection of the conduct by an individual is used as the basis for employment decisions affecting the individual, or
the conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment." AND WHEREAS, secs. 111.32 (13) and 111.36(1)(b) and (3) of the Wisconsin Statutes state:
"Sec. 111.32 (13) "Sexual harassment" means unwelcome sexual advances, unwelcome requests for sexual favors, unwelcome physical contact of a sexual nature; or unwelcome verbal or physical conduct of a sexual nature. "Sexual harassment" includes conduct directed by a person at another person of the same or opposite gender. "Unwelcome verbal or physical conduct of a sexual nature" includes but is not limited to the deliberate, repeated making of unsolicited gestures or comments of a sexual nature: the deliberate, repeated display of offensive sexually graphic materials which is not necessary for business purposes; or deliberate verbal or physical conduct of a sexual nature, whether or not repeated, that is sufficiently severe to interfere substantially with an employee's work performance or to create an intimidating, hostile or offensive work environment."
"Sec. 111.36 (1) (b) Engaging in sexual harassment; or implicitly or explicitly making or permitting acquiescence in or submission to sexual harassment a term or condition of employment; or making or permitting acquiescence in, submission to or rejection of sexual harassment the basis or any part of the basis for any employment decision affecting an employee, other than an employment decision that is disciplinary action against an employee for engaging in sexual harassment in violation of this paragraph; or permitting sexual harassment to have the purpose or effect of substantially interfering with an employee's work performance or of creating an intimidating, hostile or offensive work environment. Under this paragraph, substantial interference with an employee's work performance or creation of an intimidating, hostile or offensive work environment is established when the conduct is such that a reasonable person under the same circumstances as the employee would consider the conduct sufficiently severe or pervasive to interfere substantially with the person's work performance or to create an intimidating, hostile or offensive work environment."
"Sec. 111.36 (3) For purposes of sexual harassment claims under sub. (1) (b), an employer, labor organization, employment agency or licensing agency is presumed liable for an act of sexual harassment by that employer, labor organization, employment agency or licensing agency or by any of its employees or members, if the act occurs while the complaining employee is at his or her place of employment or is performing duties relating to his or her employment, if the complaining employee informs the employer, labor organization, employment agency or licensing agency of the act, and if the employer, labor organization, employment agency or licensing agency fails to take appropriate action within a reasonable time."
NOW, THEREFORE, by virtue of the authority vested in me by sec. 59.17 (2) (a) of the Wisconsin State Statutes, and as County Executive of the County of Milwaukee,
IT IS HEREBY ORDERED that all County departments comply with the following procedure:
(1) Any employee who believes that he or she has been sexually harassed should report such incident(s) to his or her supervisor, or the department Director or Human Resources Manager, or to the Employment Relations Manager. The department Director shall have or delegate responsibility for the investigation of all sexual harassment complaints. Such complaints should be filed in writing, utilizing the department's or the Department of Human Resources complaint form.
(2) It is an unlawful employment practice under Section 704 (a) of Title VII of the Civil Rights Act to discriminate or retaliate against an employee because the employee has opposed an unlawful employment practice, or has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under Title VII.
(3) The department shall utilize the following guidelines relating to incidents of alleged sexual harassment, and these guidelines shall be made known to all employees:
a. An employee who believes he/she has been harassed should be prepared to describe the incident(s) and identify the alleged harasser.
b. An employee should be encouraged to inform the person doing the harassing to stop the undesirable, unwelcome behavior.
c. An employee should bring the alleged incident(s) to the immediate attention of his/her supervisor, or to the next appropriate level of supervision. The department Director's designee shall conduct a full investigation of all sexual harassment complaints.
d. The investigation of a complaint filed with the department Director's designee should be completed as soon as possible. The department Director's designee will be responsible for notifying the complainant that appropriate action has been taken regarding the complaint.
e. The County must look at all the circumstances to determine whether a work environment is hostile or abusive. The frequency of the sexual harassment, its severity, whether it is physically threatening or humiliating, whether it unreasonably interferes with an employee's work performance are all factors to be considered.
f. Sexual harassment cases that are unresolved by the department, shall be turned over to the Milwaukee County Department of Human Resources Employment Relations Manager for investigation.
(4) Milwaukee County considers sexual harassment to be a cause for discipline up to and including suspension or the filing of written charges for discharge of the alleged harasser (Milwaukee County Civil Service Rule VII, Section 4 (1) (ee), (ff) and/or (tt).
(5) This order shall take effect upon the signing thereof and shall remain in full force and effect until further order of the Milwaukee County Executive.
Date and signed this 9th day of August, 2002.
Scott Walker
Milwaukee County Executive |