DAR File No. 32590

Human Resource Management, Administration

R477-15

Workforce Harassment Policy and Procedure

NOTICE OF PROPOSED RULE

DAR File No.: 32590
Filed: 04/30/2009, 11:27
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

Amendments to this rule revise terminology, eliminate redundant and unnecessary language, and correct references.

Summary of the rule or change:

The title of the rule is changed to "Workplace Harassment". The term "sex" is replaced with "gender". The term "behavior" is removed, in favor of "conduct". In Subsections R477-15-2(2) and R477-15-3(2), unnecessary and redundant language is removed that refers to statements already covered in federal law or elsewhere in the body of the rule.

State statutory or constitutional authorization for this rule:

Sections 67-19-6, 67-19-18, and 63G-2-3, and the Governor's Executive Order on Prohibiting Unlawful Harassment

Anticipated cost or savings to:

the state budget:

These changes are administrative and do not directly impact state budgets.

local governments:

This rule only affects the executive branch of state government and will have no impact on local governments.

small businesses and persons other than businesses:

This rule only affects the executive branch of state government and will have no impact on other persons.

Compliance costs for affected persons:

This rule only affects agencies of the executive branch of state government.

Comments by the department head on the fiscal impact the rule may have on businesses:

Rules published by the Department of Human Resource Management (DHRM) have no direct effect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the Utah Personnel Management Act, Title 67, Chapter 19. This act limits the provisions of career service and these rules to employees of the executive branch of state government. The only possible impact may be a very slight, indirect effect if an agency passes costs or savings on to business through fees. However, it is anticipated that the minimal costs associated with these changes will be absorbed by agency budgets and will have no effect on business. Jeff Herring, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Human Resource Management
Administration
Room 2120 STATE OFFICE BLDG
450 N MAIN ST
SALT LAKE CITY UT 84114-1201

Direct questions regarding this rule to:

J.J. Acker or Michael Tribe at the above address, by phone at 801-537-9096 or 801-538-3627, by FAX at 801-538-3081 or 801-538-3081, or by Internet E-mail at jacker@utah.gov or miketribe@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

06/15/2009

This rule may become effective on:

07/01/2009

Authorized by:

Jeff Herring, Executive Director

R477. Human Resource Management, Administration.

R477-15. Work[force]place Harassment Policy and Procedure.

R477-15-1. Purpose.

It is the State of Utah's policy to provide all employees a working environment that is free from [unlawful ]discrimination and harassment based on race, religion, national origin, color, [sex]gender, age, disability, or protected activity under state and federal law.

 

R477-15-2. Policy.

(1) Workplace harassment includes the following subtypes:

(a) [behavior or ]conduct in violation of Section R477-15-1 that is unwelcome, pervasive, demeaning, ridiculing, derisive, or coercive, and results in a hostile, offensive, or intimidating work environment;

(b) [behavior or ]conduct in violation of Section R477-15-1 that results in a tangible employment action [being taken ]against the harassed employee.

(2) An employee [shall]may be subject to discipline [up to and including termination of employment ]for workplace harassment [towards another employee provided that the harassment meets the requirements of Section R477-15-1], even if:

(a) the harassment is not sufficiently severe to warrant a finding of unlawful harassment, or

(b) the harassment occurs outside of scheduled work time or work location.

(3) Once a complaint has been filed, the accused may not communicate with the complainant regarding allegations of harassment.

 

R477-15-3. Retaliation.

(1) No person may retaliate against any employee who opposes a practice forbidden under this policy, or has filed a charge, testified, assisted or participated in any manner in an investigation, proceeding or hearing under this policy, or is otherwise engaged in protected activity.[

(2) Any act of retaliation toward the complainant, witnesses or others involved in the investigation shall be subject to disciplinary action.]

 

R477-15-6. Records.

(1) A separate confidential file of all workplace harassment complaints shall be maintained and stored in the agency human resource field office, or in the possession of an authorized official.

(a) Removal or disposal of these files shall only be done with the approval of the agency head or Executive Director, DHRM.

(b) Files shall be retained in accordance with the retention schedule after the active case ends.

(c) All information contained in the complaint file shall be classified as protected under Section 63G-2-30[4]5[, Government Records Access and Management Act].

(d) Information contained in the workplace harassment file shall only be released by the agency head or Executive Director, DHRM, when required by law.

(2) Supervisors may not keep separate files related to complaints of workplace harassment.

(3) Participants in any workplace harassment proceeding shall treat all information pertaining to the case as confidential[,].

 

KEY: administrative procedures, hostile work environment

Date of Enactment or Last Substantive Amendment: July 1, 200[8]9

Notice of Continuation: June 9, 2007

Authorizing, and Implemented or Interpreted Law: 67-19-6; 67-19-18; 63G-2-3; Governor's Executive Order on Prohibiting Unlawful Harassment, December 13, 2006