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MARYLAND DEPARTMENT OF LABOR, LICENSING AND REGULATION
Office of
EQUAL OPPORTUNITY AND PROGRAM EQUITY
Section
3
Section
COMPLAINTS OF DISCRIMINATION
Subject
Page
2
1
Effective Date
March 2006
Subject
SEXUAL HARASSMENT COMPLAINT PROCEDURE
.01 PURPOSE
This directive provides standardized procedures for filing and processing complaints against an
employee, program or activity of the Department of Labor, Licensing and Regulation (DLLR) alleging
unlawful sexual harassment.
.02 REFERENCES
A.
Civil Rights Act of 1964, Titles VI and VII, as amended, Pub. Law 88-352, 78 Stat. 252 (42 U.S.C.,
§2000)
B.
Workforce Investment Act of 1998, Section 188, Pub Law 105-220, 12 Stat. 936 (29 U.S.C §2801 et
seq.)
D.
Title IX of the Education Amendments of 1972, as amended, Pub Law 92-318, 86 Stat. 374 (20
U.S.C. §1681, et seq.)
E.
29 C.F.R. §37 (Department of Labor regulations implementing Section 188 of the WIA of 1998)
F.
29 C.F.R. §1604.11 - Equal Employment Opportunity Commission (EEOC) Sexual Harassment
Guidelines (1604.11(c) rescinded by 915.002 - 6/18/99)
G.
Maryland Code of Fair Employment Practices Act (Article 49B the Annotated Code of Maryland)
H.
Governor's Code of Fair Employment Practices, Executive Order 01.01.1995.19
I.
§§2-302 and 5-211 of the State Personnel and Pensions Article
J.
EEOC Enforcement Guidance on Harris v. Forklift Sys., Inc. - Number N-915-002 (3/8/94)
K.
EEOC Policy Guidance on Employer Liability Under Title VII for Sexual Favoritism - Number N915-048 (1/12/90)
L.
EEOC Policy Guidance on Current Issues of Sexual Harassment - Number N-915-050 (3/19/90)
(Section D rescinded by 915.002 - 6/18/99 - Enforcement Guidance: Vicarious Employer Liability
for Unlawful Harassment by Supervisors)
M.
Maryland Department of Budget and Management (DBM) Sexual Harassment In The Workplace
Policy
N.
Maryland Department of Budget and Management (DBM) Procedure for Reporting Complaints of
Sexual Harassment
O.
State of Maryland Uniform Guidelines on Investigating Sexual Harassment Complaints
P.
DLLR Sexual Harassment Policy Statement
MARYLAND DEPARTMENT OF LABOR, LICENSING AND REGULATION
Office of
EQUAL OPPORTUNITY AND PROGRAM EQUITY
Section
COMPLAINTS OF DISCRIMINATION
Section
3
Subject
Page
2
2
Effective Date
March 2006
Subject
SEXUAL HARASSMENT COMPLAINT PROCEDURE
.03 DEFINITION
A.
Under federal and State regulations and guidelines that implement section 703 of Title VII of the
Civil Rights Act of 1964, unwelcome sexual advances, requests for sexual favors, and other verbal
or physical conduct of a sexual nature constitute sexual harassment when (1) submission to such
conduct is made either explicitly or implicitly a term or condition of an individual's employment, (2)
submission to or rejection of such conduct by an individual is used as the basis for employment
decisions affecting such individual, or (3) 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 which is perceived by the victim to be abusive or hostile.
B.
This definition of sexual harassment also applies to the receipt and provision of services and
benefits to participants in or beneficiaries of programs that the Department administers or operates.
However, in most instances, the Department will process sexual harassment complaints filed by a
beneficiary in accordance with the provisions of the general Discrimination Complaint Procedure as
detailed in Section 3, Subject 1 of the Equal Opportunity section of the DLLR Administrative
Manual.
.04 SCOPE OF RESPONSIBILITY
A.
Depending on the nature of the harassment, applying general Title VII principles, the Department
may be responsible for its acts and those of its agents and supervisors with respect to sexual
harassment.
B.
With regard to services, the term "agent" includes individuals performing a training or service
function for the Department who have some authority over the beneficiary, that is, claimant, client
or participant.
C.
Where “quid pro quo” harassment is established, the Department will be held liable. Quid pro quo
harassment occurs when a supervisor or another individual with the authority to affect an
individual’s working conditions or benefits requires sexual favors in exchange for a job benefit or
other tangible or concrete benefit.
D.
For “hostile environment” harassment by supervisors, co-workers or nonemployees, the Department
may avoid liability by showing that (1) it took immediate and appropriate corrective action; (2) the
policy against sexual harassment is widely disseminated and strictly enforced; and (3) the complaint
procedure is effective. Hostile environment harassment is unwelcome sexual conduct that is
sufficiently severe or pervasive to create an intimidating, hostile or offensive work environment or
unreasonably interferes with an individual’s work performance.
.05 POLICY
A.
The Department will not tolerate sexual harassment in any form within the DLLR workplace.
B.
Any DLLR employee who believes that he or she has been sexually harassed by a supervisor, coworker or any other DLLR employee may file a complaint under this procedure.
MARYLAND DEPARTMENT OF LABOR, LICENSING AND REGULATION
Office of
EQUAL OPPORTUNITY AND PROGRAM EQUITY
Section
COMPLAINTS OF DISCRIMINATION
Section
3
Subject
Page
2
3
Effective Date
March 2006
Subject
SEXUAL HARASSMENT COMPLAINT PROCEDURE
C.
Any DLLR employee who believes that he or she has been adversely affected by the sexual
favoritism toward another DLLR employee may file a complaint under this procedure.
D.
The Department shall take prompt and severe sanctions against any DLLR employee found to have
sexually harassed any other DLLR employee or beneficiary.
E.
The Department will not tolerate retaliation against employees or beneficiaries who raise
complaints of sexual harassment.
F.
To the extent possible, the Department shall make every effort to keep complaints of sexual
harassment confidential and shall involve only those individuals with "a need to know" in the
processing of these complaints.
G.
The Department shall evaluate and handle complaints on a case by case basis and in the context of
the work situation.
H.
Supervisors shall inform all employees, including new employees, of the Department’s policy and
this procedure.
.06 PROCESSING COMPLAINTS OF ALLEGED SEXUAL HARASSMENT
A.
In keeping with the Equal Employment Opportunity Commission's definitions and guidelines, the
nondiscrimination provisions of the Workforce Investment Act, and the State of Maryland
Procedure for Processing Complaints of Sexual Harassment, the Department establishes the
following procedural guidelines.
B.
The Fair Practices Officer and the Director of the Office of Equal Opportunity and Program Equity
(OEOPE) have the responsibility for the implementation of this complaint procedure and for
conducting or coordinating the investigation of complaints alleging unlawful sexual harassment.
C.
References to the Fair Practices Officer, the OEOPE Director, the DLLR Principal Counsel and the
Director of the DLLR Office of Personnel Services (OPS) apply to those individuals and to
designees authorized to act for these individuals.
D.
Through departmental training sessions and printed technical assistance materials, employees are
encouraged to inform the offending person that the conduct is unwelcome and should stop
immediately. If the harassment does not cease, an employee should promptly report a complaint of
sexual harassment.
E.
Complaints may be reported to the immediate supervisor, the Fair Practices Officer or to the
OEOPE Director. If the complaint involves the immediate supervisor, or if the complaining does
not want the supervisor to be the investigator, the complaint should be reported to the person in the
next level of management, the OPS Director, the Fair Practices Officer or the OEOPE Director.
(1)
The complaining party should report the incident immediately but no later than 180 days from
the alleged sexual harassment.
MARYLAND DEPARTMENT OF LABOR, LICENSING AND REGULATION
Office of
EQUAL OPPORTUNITY AND PROGRAM EQUITY
Section
COMPLAINTS OF DISCRIMINATION
Section
3
Subject
Page
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Effective Date
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SEXUAL HARASSMENT COMPLAINT PROCEDURE
F.
(2)
If filed with the supervisor, the supervisor shall immediately notify the Fair Practices Officer
and the Director of the DLLR Office of Equal Opportunity and Program Equity of the
complaint by way of a confidential memorandum.
(3)
The employee filing the complaint will also be informed of the right to file a complaint with
the Maryland Commission on Human Relations (MCHR), the Equal Employment Opportunity
Commission (EEOC) and in the case of employees in WIA funded activities, with the U.S.
Department of Labor's Civil Rights Center (CRC).
If deemed appropriate by the Fair Practices Officer or the OEOPE Director, the supervisor shall
initiate and promptly complete an investigation of the complaint, speak with and, if necessary,
counsel the individuals involved.
(1)
At any time during the period of investigation and resolution, the supervisor may seek
technical assistance from the Principal Counsel, the Fair Practices Officer or the OEOPE
Director; or
(2)
The Fair Practices Officer or the OEOPE Director may elect to conduct or oversee the
investigation.
(3)
The investigation of sexual harassment complaints shall be consistent with the State of
Maryland Uniform Guidelines on Investigating Sexual Harassment Complaints and guidelines
of the U.S. Department of Labor, Civil Rights Center, as appropriate.
(4)
If during the initial investigation, the supervisor and parties to the complaint determine that
resolution can be achieved satisfactorily, the supervisor shall notify the Fair Practices Officer
and the OEOPE Director in writing of the facts.
(5)
The notification shall include an appropriate statement or agreement that is to be signed by the
employee filing the complaint that the employee is satisfied with the resolution of the
complaint.
(6)
Where the supervisor determines the complaint to be of a serious nature; that is:
Submission to unwelcome behavior is either an explicit or implicit term or condition of
employment, or submission or rejection of unwelcome sexual behavior is used as the basis for
employment decisions, or there is evidence of a hostile, intimidating or offensive environment;
or
Either party is unwilling to accept the recommended resolution;
(i)
The supervisor shall inform the Fair Practices Officer and the OEOPE Director
immediately of the facts of the investigation.
(ii) The Fair Practices Officer or the OEOPE Director may continue the investigation; may
based on the supervisor’s investigation, render a final decision; or determine
recommendations for attempted resolution.
MARYLAND DEPARTMENT OF LABOR, LICENSING AND REGULATION
Office of
EQUAL OPPORTUNITY AND PROGRAM EQUITY
Section
3
Section
COMPLAINTS OF DISCRIMINATION
Subject
Page
2
5
Effective Date
March 2006
Subject
SEXUAL HARASSMENT COMPLAINT PROCEDURE
(iii) The Fair Practices Officer or the OEOPE Director may coordinate the investigation or
resolutions with the Principal Counsel, the Director of the Office of Personnel and
Training or the appropriate program administrator.
G.
When the final findings of the Fair Practices Officer or the OEOPE Director support the allegations
by a preponderance of the evidence, the following actions shall be taken:
(1)
The Department shall take appropriate disciplinary and corrective action(s).
(2)
Disciplinary actions taken shall reflect the severity of the conduct and may include, but are not
limited to:
(i)
A letter of reprimand;
(ii) Suspension without pay; or
(iii) Termination.
H.
(3)
As deemed necessary, the Fair Practices Officer, the appropriate program administrator, the
OEOPE Director, the Principal Counsel and the Director of the Office of Personnel and
Training shall meet with and inform the accused of the method determined for resolving the
complaint.
(4)
A written report that shall include the results of the investigation that support the allegation(s)
and resolution(s) shall be made a part of the accused's personnel file.
(5)
As appropriate, the accused shall be advised of any appeal or grievance rights if the accused
believes the resolution to be unfair.
When the findings do not support the employee's allegations, the following actions are taken:
(1)
The employee filing the complaint shall be advised in writing that the incident could not be
substantiated.
(2)
This notification shall include a statement that retaliation against the employee for filing a
complaint is prohibited.
(3)
The employee filing the complaint shall also be advised again of the right to file a formal
complaint with EEOC, MCHR or the U.S. Department of Labor, as appropriate.
(4)
The employee against whom the allegations were made shall be notified in writing that the
complaint was received and investigated but was not substantiated.