House Republican Policy/Procedures |1

VI. GENERAL AND SEXUAL HARASSMENT POLICY

A. Statement of Policy
(1) The Republican Caucus of the Pennsylvania House of Representatives is committed to
maintaining a working environment where everyone is treated with respect and dignity. All workplace
relationships should be professional and free of harassment, unlawful bias and other offensive
conduct. The HRL will not tolerate unlawful discrimination, including harassment, based on race,
color, ancestry, religion, sex, national origin, age, marital status, veteran status, medical condition, the
presence of a disability, genetic information, retaliation, any other protected classification, or any
other conduct which has the purpose or effect of interfering with work performance or creating an
intimidating, hostile or offensive working environment. The HRL also will not tolerate offensive or
otherwise unprofessional behavior which it determines is inappropriate in the workplace, even if it
does not amount to unlawful harassment. This policy prohibits harassing conduct even if it is not
sufficiently severe or pervasive to meet the legal definition of a hostile environment.
(2) The HRL expressly prohibits any employee from explicitly or implicitly linking any term
or condition of employment or advancement to sexual or romantic conduct, even if the conduct is
consensual.
B. Definitions
(1) General Harassment
(a) Verbal, physical or visual conduct that relates to race, color, ancestry, religion,
gender, national origin, age, marital status, veteran status, medical condition, the presence of
a disability, genetic information, retaliation or any other protected classification, or any other
conduct which has the purpose or effect of interfering with work performance or creating an
intimidating, hostile or offensive working environment.
(b) Examples include, but are not limited to: (i) epithets, slurs, or threatening,
intimidating, or hostile acts that relate to race, color, ancestry, religion, gender, national origin,
age, marital status, veteran status, medical condition, the presence of a disability, genetic
information, retaliation or any other legally protected status; (ii) written or graphic material
that reflect hostility or aversion toward an individual or group because of race, color, ancestry,
religion, gender, national origin, age, marital status, veteran status, medical condition, the
presence of a disability, genetic information or retaliation.
(2) Sexual Harassment
(a) For purposes of this policy, and in accordance with guidelines established by
the Federal Equal Employment Opportunity Commission (EEOC) and the Pennsylvania Human
Relations Commission (PHRC), sexual harassment is defined as follows:
(b) Any unwelcome sexual advances, requests for sexual favors, and other verbal
or physical conduct of a sexual nature where:
(i) submission to such conduct is made, or is attempted to be made, a
term or condition of employment, either explicitly or implicitly;
(ii) submission to or rejection of such conduct by an individual is used as
the basis for employment decisions affecting that individual; or
(iii) such conduct has the purpose or effect of interfering with an
individual's work performance or creating an intimidating, hostile or offensive working
environment.
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(c) Examples of behaviors that would violate this policy include, but are not
limited to: (i) repeated flirtations; (ii) sexual advances or propositions; (iii) pressure for sexual
favors; (iv) jokes, stories, comments, or verbal abuse of a sexual nature; (v) offensive or
degrading or derogatory words used to describe or refer to a person; (vi) leering, whistling or
other sexually suggestive conduct; (vii) the display in the workplace or while on House or
Caucus business of sexually explicit or suggestive objects; (viii) inquiries into or descriptions of
one's sexual experiences or activities; (ix) unnecessary physical contact.
C. Complaint Procedure
(1) Any employee or applicant who feels he or she is a victim of – or is otherwise aware of
– a violation of this policy should promptly inform the RHRD or the Republican Leader. Any
Department Director or other supervisor who is advised or is aware of a possible violation of this policy
must notify the RHRD or Republican Leader. The complaint or notification should be in writing and be
specific with respect to the description of the offensive activity and include the date, time, and place
of each occurrence, as well as the names of any witnesses, if applicable.
(2) The RHRD is responsible for handling and investigating all complaints, except for those
made against a Member of the House of Representatives or the staff of the Human Resources
Department. The Republican Leader in his discretion shall determine the investigative procedure
applicable to complaints against a Member of the House of Representatives or Human Resources
Department personnel. Each situation will be promptly investigated. Confidentiality will be
maintained in the investigation process as much as reasonably possible, consistent with the obligation
to investigate and respond to the complaint. The RHRD or Republican Leader has discretion to take
reasonably necessary or prudent interim measures pending the outcome of the investigation.
(3) The person(s) accused of general or sexual harassment and the employee reporting
such activity will be notified of the results of the investigation, and will be apprised of any disciplinary
action to be taken by the Leadership of the House Republican Caucus.
(4) Corrective action will be taken when there is reason to believe there has been a
violation of this policy. Appropriate disciplinary and/or remedial measures may be taken, up to and
including discharge, based on the totality of the circumstances.
D. Retaliation Prohibited
(1) No individual who reports or complains about harassment or improper conduct, or
who assists the House Republican Leader or RHRD in an investigation of harassment, will be subjected
to retaliation. Anyone who witnesses or experiences behavior they believe to be retaliation, or if they
are aware of such behavior, has the responsibility to report the behavior immediately to the RHRD or
Republican Leader.
(2) The HRL will not tolerate any effort to avoid, hinder or corrupt the complaint or
investigation process, including refusal to cooperate with an investigation or knowingly making false
statements to the Republican Leader or RHRD during the complaint or investigation process. Such
actions may result in employment action up to and including termination of employment.