SEXUAL HARASSMENT POLICY

The General Assembly is committed to creating and maintaining a work

environment in which all Members and employees are treated with respect and are free
from sexual harassment. The General Assembly fully supports the protection and
safeguard of the rights and opportunities of all people to seek, obtain and hold
employment without subjection to sexual harassment in the work place. Sexual
harassment by a Member or an employee of the General Assembly is prohibited.
Any employee or Member of the General Assembly who believes that he or she
has been the subject of sexual harassment should immediately report the alleged act to
his or her supervisor or to the Director of Legislative Administration. All complaints will
be handled in a timely and completely confidential manner. Information concerning the
complaint and/or any subsequent investigation will, in no event, be released to anyone
not directly involved in this investigation.
Tennessee General Assembly Sexual Harassment Policy
The Tennessee General Assembly, pursuant to the provisions of Public Chapter 307 of
the Public Acts of 1993 [(T.C.A. 3-13-101 (a) (10)], is committed to creating and
maintaining a work environment in which all members and employees are treated with
respect and are free from sexual harassment. To this end, sexual harassment by a
member or employee of the General Assembly is prohibited.
The goal of this policy is to ensure that all complaints of sexual harassment will be
promptly, thoroughly, and respectfully handled.

Reporting and investigative procedures are designed to encourage members and

employees to report what they believe to be sexual harassment.

Complaints, investigations, and resolutions will be handled discreetly, with

information being kept confidential.

Retaliation will not be tolerated against any person who complains, reports or
testifies about sexual harassment, or participates in an investigation of sexual
harassment complaint.

Disciplinary action will follow when appropriate.

All those involved in the legislative process have a responsibility to contribute to a

respectful work environment. The Tennessee General Assembly encourages, expects,
and appreciates cooperation in implementing this policy.

I. POLICY
The Tennessee General Assembly as part of its affirmative action efforts for the
legislative branch of government and pursuant to the guidelines on sex
discrimination issued by the Equal Employment Opportunity Commission
(EEOC), fully supports the protections and safeguard of the rights and
opportunities of all people to seek, obtain and hold employment without
subjection to sexual harassment of any kind in the work place. The Office of
Legislative Administration shall administer this policy in order to ensure that the
legislative branch of government provides an environment free of sexual
harassment.
The Tennessee General Assembly acknowledges that the question of whether a
particular action or incident is of a purely personal or social nature, without a
discriminatory employment affect, requires an extensive determination based on
all the facts in each case. The General Assembly recognizes that false
accusations of sexual harassment can have serious effects on innocent
individuals. We also recognize that there are other options available to a
complainant and courses of action that he or she may pursue.
The General Assembly trusts that all employees of the legislature will continue to
act responsibly to establish and maintain a pleasant working environment for all.
II. DEFINITIONS
1.

Sexual harassment is a violation of Title VII of the Civil Rights Acts of

1964 and it is against the policy of the Tennessee General Assembly
for any employee, male or female, to sexually harass another
employee by
a. Making unwelcome sexual advances or requests for sexual favors
or other verbal or physical conduct of a sexual nature as a
condition of employment, or continued employment, or
b. Making submission to or rejections of such conduct the basis for
administrative decisions affecting employment, or
c. Creating an intimidating, hostile or offensive working environment
by such conduct.

2.

Sexual harassment does not refer to behavior or occasional

compliments of a socially acceptable nature. It refers to behavior that
is not welcome, that is personally offensive, that fails to respect the
rights of others, which lowers morale and therefore interferes with work
effectiveness. Sexual harassment may be overt or subtle. Some
behavior that is appropriate in a social setting may not be appropriate
in the work place. But whatever form it takes; verbal, non-verbal or
physical; sexual harassment can be insulting and demeaning to
the recipient and will not be tolerated in the work place.

One specific form of harassment is the demand for sexual favors. Other
forms may include, but are not limited to the following:
a. Verbal Sexual innuendoes, suggestive comments, jokes of a
sexual nature, sexual propositions, threats.
b. Non-verbal Sexually suggestive objects or pictures, graphic
commentaries, suggestive or insulting sounds, leering, whistling,
obscene gestures.
All members of the General Assembly and all legislative personnel are
expected to comply with this policy and take appropriate measures to
ensure that such conduct does not occur.
III. SEXUAL HARASSMENT COMPLAINT PROCEDURE
1.

Reporting
a. Any employee or member who believes that he or she has been
the subject of sexual harassment should report the alleged act
immediately to his or her supervisor, to the director of Legislative
Administration at (615) 741-3569 or to the respective Speaker.
Complainants may also wish to contact the Equal Employment
Opportunity Commission (EEOC) at 736-5820 or the Tennessee
Human Rights Commission at 741-5825;
b. If a complaint involves a member of the General Assembly, the
complainant shall be provided information by the Director of
Legislative Administration as to how to file a confidential
complaint with the respective Speaker.

2.

Confidentiality
a. All complaints will be handled in a timely and confidential manner.
In no event will information concerning a complaint be released to

anyone who is not involved with the investigation. Nor will

anyone involved be permitted to discuss the subject outside the
investigation. The purpose of this provision is to protect the
confidentiality of the person who files a complaint, to encourage
the reporting of any incidents of sexual harassment, and to
protect the reputation of any person wrongfully charged with
sexual harassment.
b. Investigation of a complaint will normally include conferring with
the parties involved and any named or apparent witnesses. Each
person is guaranteed an impartial and fair hearing. All employees
shall be protected from coercion, intimidation, retaliation,
interference or discrimination for filing a complaint or assisting in
an investigation.
3.

Disciplinary Action
If the investigation reveals that the complaint is valid, prompt attention
and disciplinary action designed to immediately stop the harassment
and to prevent its recurrence shall be taken.
a. The form of disciplinary action for legislative employees shall be
considered and decided upon by the appropriate authority. Based
on the seriousness of the offense, such action may include, but is
not limited to, verbal or written reprimand, suspension, demotion
or termination.
b. The form of any disciplinary action for a member shall be
determined in accordance with Article II, Section 12 of the
Constitution of Tennessee.

The Tennessee General Assembly encourages any employee to raise questions he or

she may have regarding this or any other policy with the Office of Legislative
Administration.