Current through Rules and Regulations filed through March 20, 2024
(1)
Introduction:
The State is committed to providing equal employment
opportunity for all individuals and ensuring that all individuals are treated
in a fair and non-discriminatory manner throughout the employment process. This
includes protection from discrimination, harassment, and retaliation in the
workplace. The information provided in this Rule is intended to serve as a
summary of agency and employee obligations with regard to preventing unlawful
discrimination and harassment in the workplace.
While there are multiple types of workplace harassment,
incidents of sexual harassment present unique challenges which warrant special
emphasis and implementation of a particularized approach to the prevention,
detection, and elimination of sexual harassment from the state workplace.
Therefore, in accordance with Executive Order 01.14.19.02, Executive Branch
agencies shall receive, process, and investigate complaints and reports of
sexual harassment and connected retaliation based on the procedures provided in
the Statewide Sexual Harassment Prevention Policy. Please refer to the
Statewide Policy for specific information regarding the reporting and handling
of sexual harassment complaints and reports.
(2)
Applicability:
This Rule applies to Executive Branch employers, local
departments of Public Health, and Community Service Boards. It does not apply
to other public corporations, authorities, or the Board of Regents of the
University System of Georgia.
(3)
Definitions:
For the purposes of this Rule, the following terms and
definitions apply in addition to those in
478-1-.02, Terms and
Definitions:
(a) "Disability" means a
physical or mental impairment that substantially limits one or more of an
individual's major life activities.
(b) "Disabled individual" means an individual
who has such an impairment, has a record of such an impairment, or is regarded
as having such an impairment.
(c)
"Discrimination" means unequal treatment of an otherwise qualified applicant or
employee in hiring, promotion, discharge, or terms and conditions of employment
when the decision is based on an individual's race, color, creed, national
origin, ancestry, citizenship, religion, political opinions or affiliations,
age, disability, genetic information, sex, pregnancy, childbirth or related
conditions, military or veteran status, or other status protected by federal or
state law or regulation.
(d)
"Harassment" means physical, verbal, or non-verbal/visual conduct that is
either directed toward an individual or reasonably offensive to an individual
because of his or her race, color, creed, national origin, ancestry,
citizenship, religion, political opinions or affiliations, age, disability,
genetic information, military or veteran status, or status other than sex
protected by federal or state law or regulation. Note: Harassment based on sex
is also strictly prohibited by the Statewide Sexual Harassment Prevention
Policy, which should be referenced for guidance on the reporting and handling
of sexual harassment complaints and reports.
(e) "Qualified individual with a disability"
means an individual with a disability who, with or without reasonable
accommodation, can perform the essential functions of the position that the
individual holds or for which he/she has applied.
(f) "Retaliation" means an act or omission
intended to, or having the reasonably foreseeable effect of, punishing or
otherwise impacting an individual for submitting (or assisting with submitting)
a complaint or reporting discrimination or harassment, for participating in a
discrimination or harassment investigation or proceeding, or for otherwise
opposing discrimination or harassment.
(g) "Sexual harassment" means physical,
verbal, or non-verbal/visual conduct that is either directed toward an
individual or reasonably offensive to an individual because of his or her sex.
Therefore, for purposes of this Rule,"sexual harassment" includes physical,
verbal, or non-verbal/visual conduct constituting:
1. unwanted sexual attention, sexual
advances, requests for sexual favors, sexually explicit comments, and other
conduct of an expressed or obviously implied sexual nature, by an individual
who knows, or reasonably should know, that such conduct is unwanted or
offensive; and
2. conduct that is
hostile, threatening, derogatory, demeaning, or abusive or intended to insult,
embarrass, belittle, or humiliate an individual because of his or her sex,
regardless of whether the underlying reason for the conduct is
apparent.
(4)
Discrimination Awareness and Prevention:
The State is committed to maintaining a discrimination-free
workplace. Discrimination as defined in this Rule is strictly
prohibited.
(a) Agencies must comply
fully with all federal and state anti-discrimination laws. Agencies will not
discriminate against individuals with regard to the terms and conditions of
employment, including but not limited to hiring, rehiring, retention,
promotion, and/or the provision of benefits.
(b) The State prohibits and will not tolerate
discrimination against any qualified individual with a disability and seeks to
provide reasonable accommodation to all qualified individuals with
disabilities. The State also prohibits discrimination against an employee who
has a family member with a disability. Similarly, the State strives to
reasonably accommodate employees' religious needs.
(5)
Harassment Awareness and
Prevention:
The State is also committed to maintaining a harassment-free
workplace. Harassment as defined in this Rule is strictly prohibited. Such
harassment violates an individual's fundamental rights and personal dignity and
undermines the integrity of the workplace.
(a) The State's policy of maintaining a
harassment-free workplace applies to everyone. The State will not permit any
employee to be harassed in the course of their work by supervisors, coworkers,
or third parties, such as vendors or customers. Any employee who engages in
prohibited harassment will be subject to prompt disciplinary action, up to and
including termination of employment.
(b) Employees are expected to be aware of and
to refrain from any conduct or behavior that could be construed as harassment.
Examples of harassment include, but are not limited to:
1. threats, epithets, derogatory comments,
slurs;
2. derogatory posters,
photographs, cartoons, drawings, gestures; or
3. assault, unwanted touching, or blocking
someone's movement.
(6)
Retaliation Awareness and
Prevention:
(a) The State prohibits and
will not tolerate retaliation. The State is committed to creating a work
environment where no employee is discouraged from submitting a complaint or a
report of discrimination or harassment.
(b) Agencies and employees are prohibited
from retaliating against an employee for:
1.
submitting (or assisting with submitting) a complaint or report of
discrimination or harassment;
2.
participating in a discrimination or harassment investigation proceeding;
or
3. otherwise opposing
discrimination or harassment.
(c) If an employee believes that an act of
retaliation has occurred, the employee must notify their agency as soon as
possible. The agency will act promptly to assure compliance with this rule
prohibiting retaliation.
(7)
Obligations to Report
Discrimination, Harassment, or Retaliation:
(a) Employees who have experienced
harassment, discrimination, or retaliation are strongly encouraged to submit a
complaint. Employees who have witnessed or otherwise have reason to believe
that another employee is being or has been subjected to harassment,
discrimination, or retaliation shall promptly report this information to a
supervisor, manager, human resources official, or to the agency's designee for
receiving such reports.
(b)
Supervisors and managers are obligated to report incidents of harassment,
discrimination, or retaliation to a higher-level manager, human resources
official, or to the agency's designee for receiving such
reports.
(8)
The
Agency's Response:
(a) Upon receiving a
complaint of discrimination based on any protected status or a complaint of
harassment or retaliation based on a protected status other than sex, an agency
will conduct a prompt, thorough, and objective investigation of the
allegations. All state employees are expected to cooperate in these
investigations. Investigations will be conducted in as confidential a manner as
possible, and all employees involved in the process are expected to refrain
from discussing the matter outside of the investigation process.
(b) If the investigation concludes that
improper conduct has occurred, the agency will take corrective and remedial
action commensurate with the circumstances, up to and including terminating the
employment of employees found to have engaged in such misconduct. Appropriate
action will also be taken to deter any future discrimination, harassment,
and/or retaliation.
(c) Complaints
of sexual harassment or retaliation related to a complaint of sexual harassment
shall be received, processed, and investigated in accordance with procedures
provided in the Appendix to the Statewide Sexual Harassment Prevention
Policy.
(d) Complaints of
discrimination based on any protected class that also contain allegations of
sexual harassment or related retaliation will be received, processed, and
investigated in accordance with procedures provided in the Appendix to the
Statewide Sexual Harassment Prevention Policy.
O.C.G.A.
§§
45-20-3, 45-20-3.1, 45-20-4.