3.16.030 Prohibition of Discrimination and Harassment.
Pierce County's policy is to maintain a work environment that is free from discrimination, harassment and intimidation based on a status protected by the Equal Employment Opportunity Policy. No employee shall be subjected to discrimination or harassment based on their sex, sexual orientation, marital status, race, age, disability, national origin, religion, or other status protected by law.
A. Harassment Defined. Harassment is a deliberate or repeated unwelcomed behavior that is objectively offensive to a reasonable person embracing offensive sexual, racial, gender-based, national origin, religious, age-based or other class associated stereotypes and perceptions of social behaviors.
Harassment can be verbal, non-verbal or physical. It is not necessary that individuals intend their conduct to be harassing or act with a malicious or mean-spirited motive.
Such impermissible conduct could include, but is not limited to, sexual, racial or ethnic jokes, mocking an accent or manner of speech, denigrating an individual because of membership in or affiliation with a protected class, displaying cartoons or literature embracing racially, sexually, or ethnically offensive clichés, or outright threat that a job or a job benefit would be denied because of membership in or affiliation with a protected class.
B. Prohibition of Sexual Harassment/Inappropriate Behavior of a Sexual Nature. It is the policy of Pierce County that no employee, co-worker, supervisor, manager, citizen, vendor, client, customer, or other person frequenting County facilities shall sexually harass or engage in inappropriate behavior of a sexual nature toward any County employee. Sexual harassment is unlawful where the conduct:
1. is unwelcome; and
2. is because of sex or gender; and
3. unreasonably interferes with an employee's work performance; or
4. creates an intimidating, hostile or offensive working environment.
"Sexual Harassment" is deliberate or repeated behavior of a sexual nature or based on gender, which is unwelcome and which unreasonably interferes with an employee's work performance. It can be verbal, nonverbal, or physical, and may include behaviors or combinations of behaviors such as unwanted sexual comments or advances, suggestive looks or leers, pats, squeezes, repeatedly brushing against another's body, jokes of a sexual nature, sexual epithets, nude or suggestive pictures, calendars, or materials displayed in the workplace, or threats or suggestions that a job or job benefit is dependent upon submission to or tolerance of such behavior.
"Inappropriate Behavior of a Sexual Nature" is behavior that, while not amounting to sexual harassment, has a sexual component and, in the judgment of the County, is unacceptable and has the potential to lower morale and productivity. Occasional compliments of a socially acceptable nature and conduct or actions that arise out of a personal or social relationship and do not have a discriminatory effect on employment may not be viewed as inappropriate behavior of a sexual nature.
Employees are cautioned that any type of sexual or gender-based behavior in the work place may be interpreted negatively. Sexual behaviors include flirting, courting, unwelcome sexual advances, offensive comments, jokes, obscene or lewd suggestions, inappropriate touching, or sexual joking or innuendo. Employees are expected to refrain from all behaviors which, although not ill-intentioned, may be interpreted as sexual in nature.
C. Notice of Discrimination/Harassment. If employees believe that they are being subjected to or have witnessed discriminatory treatment or harassment, they should unequivocally advise those individuals engaged in the offensive behavior that their behavior is regarded as being offensive and to stop. Additionally, persons who feel they have been a victim of or witnessed discrimination or harassment in any manner must follow the Employee Responsibilities set forth in PCC 3.16.070.
D. Remedial Action. Differential treatment or harassment of fellow employees, members of the public or other employees of Pierce County will not be tolerated where such discrimination or harassment is because of the individual's protected status. All employees are required to comply with the provisions of the Equal Employment Opportunity Policy as set forth in this Chapter. Discrimination and harassment are serious matters and employees engaging in conduct determined by the County to be in violation of this Policy may be subject to discipline up to and including termination.