Sexual harassment is a form of discrimination as defined by Title VII of the Civil Rights Act of 1964, as amended.

• (1) Sexual harassment is defined as any 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;
  • (C) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance creating an intimidating, hostile, or offensive working environment; or
  • (D) such mutually agreeable conduct between parties results in adverse working conditions for uninvolved third parties, such as co-workers or subordinates.
• (2) Department of Human Services (DHS) takes all steps necessary to prevent sexual harassment from occurring, including but not limited to:
  • (A) providing training and disseminating written policy to all employees;
  • (B) affirmatively raising the subject and expressing strong disapproval; and
  • (C) developing appropriate sanctions and taking corrective action.
• (3) Clients and employees who make allegations of sexual harassment may file a complaint using any of the processes described in DHS:2-43-1(3)(A) through (E).