It is the purpose of this policy to
ensure the workplace remains harassment-free for all employees who have or are
perceived to have AIDS or HIV and for resolving disputes between employees
arising out of such harassment.
Employees who have or are perceived to
have AIDS or HIV are entitled to work in an environment free of
harassment.Harassment based upon AIDS
or HIV violates the State ABC Act and the United States Rehabilitation Act.
Harassment of an employee by a
supervisor, a manager or coworker, or harassment of a supervisor by an employee
on the basis of AIDS or HIV or the perception of having AIDS or HIV is
Department Managers shall provide a
harassment-free work environment.Department Managers shall inform their employees of this policy and
complaint procedure and shall have supervisors report instances of harassment
to them or the Director of Human Resources.
Disciplinary action up to an including
termination may be imposed for harassment and retaliation described in the
AIDS - Acquired Immune Deficiency
HIV - The
infectious agent known as Human Immune Virus, Human Immuno Deficiency Virus,
HTLV-III, LAV or AIDS Virus.
Verbal Harassment – Epithets or
Physical Harassment - Physical conduct
or any physical interference with normal work towards an individual who has or
is perceived to have AIDS or HIV.
Visual Harassment - Derogatory posters,
notices, bulletins, cartoons or drawings directed at an individual who has or
is perceived to have AIDS or HIV.
Retaliation - Limiting, segregating, or
classifying an employee who has or is perceived to have AIDS or HIV in a way
that adversely affects the employment opportunities or status of the employee.
Informal Complaint Procedure: An
employee should tell the offending individual that the behavior is offensive or
inappropriate.If the offended employee
is reluctant to confront the offender, the offended employee shall inform the
supervisor, manager or Director of Human Resources who will discuss the
complaint with the alleged offending individual or a manager or supervisor of
the department in which that individual works.If the offended individual or alleged offending individual is not
satisfied with the resolution, a formal written complaint must be filed by one
Formal Complaint Procedure: A formal
written complaint is filed with the Director of Human Resources.Only a signed written complaint will be
investigated under this procedure.The
department manager and Director of Human Resources will determine if any
corrective action will be taken.
A formal written complaint is a signed
account of what occurred and includes the names of all persons who were
present.The formal complaint must be
filed within days of the incident, unless circumstances
justify submitting it beyond from the date of the incident.
If the complaint is against the
Director of Human Resources, then it is filed with the Vice President.
If the formal complaint is against a
department manager, then it is filed with the Vice President and the Director
of Human Resources.
When the Director of Human Resources
and the department manager (or the Vice President) have
completed the investigation, they shall forward their investigation report and
decision to the CEO.
The offended individual or the alleged
offending individual may appeal the decision by requesting a hearing.A request for such hearing shall be made in
writing to the Department of Personnel Services within working days from date of receipt of the