EXECUTIVE
ORDER EO 89-01
SEXUAL HARASSMENT
Sexual harassment is unacceptable in the work
place and I am issuing this Order to serve as a reminder to agencies and
employees, plus to ensure that we continue to emphasize policies against sexual
harassment.
It is the public policy of the State to provide
and maintain a working environment free from sexual harassment for its
employees and all citizens participating in State programs. Sexual harassment
is a form of sex discrimination and is an unlawful employment practice under
RCW 49.60 (Washington State Law Against Discrimination) and (Federal Law) Title
VII of the Civil Rights Act of 1964.
Sexual harassment occurs through unwelcome
sexual advances, requests for sexual favors, and other verbal or physical conduct
of a sexual nature when:
A. Submission to such conduct is made,
either explicitly or implicitly, a term or condition of an individual's
employment;
B. Submission to or rejection of such
conduct by an individual is used as the basis for employment decisions
affecting such individual; 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.
The best tools for the elimination of sexual
harassment are prevention by education and effective intervention.
NOW, THEREFORE,
I, Booth Gardner, Governor of the State of Washington, by the authority vested
in me, do hereby order and direct each agency to:
A. Update
or develop and disseminate among all agency employees and contractors a policy
that:
1. defines and prohibits sexual harassment
in the workplace;
2. includes procedures which describe how
the agency will address concerns of employees who are affected by sexual
harassment in the workplace; and
3. identifies appropriate sanctions and/or
disciplinary actions;
B. Respond
promptly and effectively to sexual harassment concerns;
C. Conduct
training and education for all employees in order to prevent and eliminate
sexual harassment in the organization;
D. Inform
employees of their right to file a complaint with the Washington State Human
Rights Commission under RCW 49.60, or with the Federal Equal Employment
Opportunity Commission under Title VII of the Civil Rights Act of 1964.
The Department of Personnel shall incorporate
into their Affirmative Action Program Guidelines, criteria addressing
compliance with this Executive Order. This Order shall supersede a prior
Executive Order 83-12.
IN WITNESS WHEREOF, I have hereunto
set my hand and caused
the seal of the State
of Washington to be
affixed at Olympia
this 20th day of
January A.D., Nineteen hundred and eighty-nine.
BOOTH GARDNER
Governor of Washington
BY THE GOVERNOR:
_________________________________
Secretary of State
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