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PA Bulletin, Doc. No. 02-1092

THE GOVERNOR

PART I.  GOVERNOR'S OFFICE
[4 PA. CODE CH. 7]

[EXECUTIVE ORDER NO. 2002-4]

[32 Pa.B. 2988]

Prohibition of Sexual Harassment in this Commonwealth

May 3, 2002

   Whereas, sexual harassment is a form of discrimination that undermines the integrity of the employment relationship and/or service delivery; and

   Whereas, the Commonwealth of Pennsylvania, Pennsylvania's largest employer, has an obligation to assertively 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 employees, 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 employees 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.

   Now, Therefore, I, Mark S. Schweiker, 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 adopt and reaffirm the Commonwealth's sexual harassment policy.

   Governor

   Fiscal Note: GOV 02-4. No fiscal impact; (8) recommends adoption.

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.Prohibition.
7.592.Prohibited actions.
7.593.Disciplinary action.
7.594.Retaliation.
7.595.Education.
7.596.Workplace environment.
7.597.Complaint mechanism.
7.598.Oversight and resolution of complaints and appeals.
7.599.Commonwealth policy.
7.600.Cooperation by State agencies.
7.601.Rescission.

§ 7.591.  Prohibition.

   A department, board, commission or other agency under the Governor's jurisdiction may not tolerate sexual harassment by a Commonwealth employee against another employee, applicant for employment, or client or other person receiving services from or conducting business with the Commonwealth. Sexual harassment in Commonwealth work settings is strictly forbidden. Further, a department, board, commission or other agency under the Governor's jurisdiction may not tolerate acts of sexual harassment by persons not employed by the Commonwealth within Commonwealth offices or upon employees of the Commonwealth in the performance of their duties. Sexual harassment is a violation of Federal and State law. Therefore, all Federal and State laws relating to sexual harassment or sex discrimination, or both, will be enforced.

§ 7.592.  Prohibited actions.

   (a)  Sexual harassment includes unwelcome sexual advances, requests for sexual favors, or other verbal, visual or physical conduct of a sexual nature when:

   (1)  Submission to or rejection of the conduct is made either explicitly or implicitly a term or condition of an individual's employment.

   (2)  Submission to or rejection of the conduct by an individual is used as a basis for employment decisions affecting the individuals.

   (3)  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.

   (b)  Prohibited sexual harassment may include actions by members of the opposite sex of an employee as well as members of an employee's own sex. Prohibited sexual harassment may include actions which are overtly sexual or facially neutral if the actions constitute gender-based discrimination.

§ 7.593.  Disciplinary action.

   A Commonwealth employee who engages in or knowingly condones sexual harassment related to Commonwealth employment shall be subject to disciplinary action, up to and including dismissal.

§ 7.594.  Retaliation.

   Retaliation in any form against an employee, applicant for employment, client or person conducting business with or receiving services from the Commonwealth who exercises his right to make a good faith complaint under this subchapter or who cooperates in an investigation of any complaint is strictly prohibited, and will itself be cause for appropriate disciplinary action.

§ 7.595.  Education.

   Commonwealth employees will be educated in sexual harassment issues. Education may consist of written materials, formal training, educational videos, orientation sessions, workplace discussions or individual counseling. Commonwealth employees will be provided with a copy of this policy and shall sign an acknowledgement that they have received and reviewed the policy.

§ 7.596.  Workplace environment.

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

§ 7.597.  Complaint mechanism.

   The Secretary of Administration shall require each agency to have an effective complaint mechanism, which ensures that an employee does not have to complain to the alleged harasser, and which provides for prompt and effective investigation of complaints. The Secretary of Administration shall also have the authority to issue Management Directives and establish rules necessary to carry out the mandates of this subchapter.

§ 7.598.  Oversight and resolution of complaints and appeals

   The Office of Administration, Bureau of Equal Employment Opportunity, shall provide appropriate oversight and resolution of complaints.

§ 7.599.  Commonwealth policy.

   This subchapter and Management Directive 505.30, Prohibition of Sexual Harassment in Commonwealth Work Settings, constitute the Commonwealth's sexual harassment policy.

§ 7.600.  Cooperation by State agencies.

   Commonwealth departments, boards, commissions and other agencies under the Governor's jurisdiction shall cooperate fully with the Secretary of Administration and provide assistance and information, as needed, in the implementation of this subchapter.

§ 7.601.  Rescission.

   Executive Order 1999-3, Prohibition of Sexual Harassment in the Commonwealth is rescinded.

[Pa.B. Doc. No. 02-1092. Filed for public inspection June 21, 2002, 9:00 a.m.]


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