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PA Bulletin, Doc. No. 97-249

THE GOVERNOR

PART I.  GOVERNOR'S OFFICE

[4 PA. CODE CH. 7]

[EXECUTIVE ORDER 1996-14]

[27 Pa.B. 921]

Prohibition of Sexual Harassment in the Commonwealth

December 20, 1996

   Whereas, all employers are increasingly aware that sexual harassment is a significant problem in the workplace and in society in general; and

   Whereas, the Commonwealth of Pennsylvania, as Pennsylvania's largest employer, has an obligation to aggressively address sexual harassment issues in the workplace; and

   Whereas, sexual harassment shall not be tolerated in Commonwealth workplaces under any circumstances; and

   Whereas, this Administration is committed to providing a work environment where employes, applicants for employment or individuals receiving services from the Commonwealth shall not be subjected to sexual harassment; and

   Whereas, to prevent sexual harassment in the workplace, all managers, supervisors and employes must be made aware of the Commonwealth's sexual harassment policy, the steps to take when concerns arise, and our commitment to address instances of sexual harassment aggressively and equitably; and

   Whereas, sexual harassment is unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature if:

   a.  submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; or

   b.  submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individuals; or

   c.  such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment.

   Now, Therefore, I, Thomas J. Ridge, Governor of the Commonwealth of Pennsylvania, by virtue of the authority vested in me by the Constitution of the Commonwealth of Pennsylvania and other laws, do hereby reaffirm and direct as follows:

Annex A

TITLE 4.  ADMINISTRATION

PART I.  GOVERNOR'S OFFICE

CHAPTER 7.  MISCELLANEOUS PROVISIONS

Subchapter NN.  PROHIBITION OF SEXUAL HARASSMENT IN THIS COMMONWEALTH

Sec.

7.591.Agency responsibility.
7.592.Harassment policy.
7.593.Education and agency response.
7.594.Sanctions and complaints.
7.595.Strategies to discourage and prevent sexual harassment.
7.596.Issuance of regulations.
7.597.Cooperation with Secretary of Administration.
7.598.Rescission.

§ 7.591.  Agency responsibility.

   An agency, board and commission under the jurisdiction of the Governor will not tolerate sexual harassment by any Commonwealth employe against any other employe, applicant for employment, or client or other person receiving services from the Commonwealth.

§ 7.592.  Harassment policy.

   Each agency, board and commission under the jurisdiction of the Governor which has not already done so shall issue a sexual harassment policy consistent with the content and intent of this order and with policy guidance received from the Secretary of Administration through the Bureau of Equal Employment Opportunity.

§ 7.593.  Education and agency response.

   Agency heads shall create a workplace environment which encourages discussion of sexual harassment issues, where employes are educated about and sensitized to sexual harassment, and where individuals with sexual harassment questions or complaints are provided a response which is clear, impartial and timely.

§ 7.594.  Sanctions and complaints.

   The Secretary of Administration, through the Bureau of Equal Employment Opportunity, shall ensure that a systematic review of programs is in place to address issues of sexual harassment, including the steps to be taken and appropriate sanctions, when instances of sexual harassment are alleged and proven.

§ 7.595.  Strategies to discourage and prevent sexual harassment.

   The Secretary of Administration shall also ensure effective strategies to discourage and prevent sexual harassment through clearly drawn policies and education. In addition, the Secretary of Administration shall ensure that each agency has an effective complaint mechanism in place and that the Bureau of Equal Employment Opportunity, Office of Administration, provides appropriate oversight and resolution of the appeals.

§ 7.596.  Issuance of regulations.

   The Secretary of Administration shall have the authority to issue Management Directives and promulgate rules and regulations as may be necessary to carry out the mandates of this subchapter.

§ 7.597.  Cooperation with Secretary of Administration.

   Commonwealth agencies, boards and commissions under the jurisdiction of the Governor shall cooperate fully with the Secretary of Administration in the implementation of this subchapter.

§ 7.598.  Rescission.

   Executive Order 1993-1 is rescinded.

Ridge Signature
Governor

   Fiscal Note:  GOV 97-1. No fiscal impact; (8) recommends adoption.

[Pa.B. Doc. No. 97-249. Filed for public inspection February 21, 1997, 9:00 a.m.]


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