Sexual Harassment Policy
- Sexual Harassment. Sexual harassment is strictly prohibited under the Equal Employment Opportunity Commission, Section 703 of Title VII of the Civil Rights Act of 1964 as amended; Louisiana Employment Discrimination Law; R.S. 23:301-303 and 332; and La R.S. 42:341-345. It is defined by the equal Employment Opportunity Commission as:
Unwelcome sexual advances, requests for sexual favors, and other verbal, physical or inappropriate conduct of a sexual nature if: (1) submission to such conduct is an explicit or implicit term or condition of an individual’s employment; (2) submission to or rejection of such conduct is a basis for employment decisions affecting such individual; or (3) the conduct has the purpose or effect of unreasonably interfering with an employee’s work performance or creating an intimidating, hostile, or offensive work environment.
- Sexual harassment may include a range of behaviors and may involve individuals of the same or different gender. Sexual harassment of any employee by another employee, commissioner, or other person with whom an employee may have contact as part of their work environment is prohibited. Sexual harassment does not require the intent to offend. All employees should know of their responsibilities and protection under this policy.
- Actions that are inappropriate and may meet the definition of sexual harassment or contribute to a hostile work environment, include but are not limited to the following:
- Sexual pranks, or repeated sexual teasing, jokes, gestures, or innuendo.
- Lewd comments about an individual’s body.
- Touching or grabbing of in a sexual nature.
- Talking about one’s sexual activity in front of others.
- Inappropriate unwelcome conduct of a sexual nature such as: cornering, repeatedly standing too close to or brushing up against another’s body or leaning into or over a person.
- Giving gifts or leaving objects that are sexually suggestive.
- Posting, making, or displaying pornographic, sexually demeaning, or sexually explicit material in the workplace.
- Pressure for unnecessary personal interaction.
- Off-duty, unwelcome conduct of a sexual nature that affects the work environment.
- Making sexual statements in person, in writing, or electronically, such as email, instant messaging, text messaging, blogs, web pages, social media etc.
- The Grand Isle Port Commission Sexual Harassment Policy shall be posted on the Grand Isle Port Commission website, and the Grand Isle Port Commission Office. Employees shall be informed if changes are made to the policy.
- Procedures. If an employee believes that they have been harassed or sexually harassed or has witnessed an act of harassment, they should immediately report the incident to the GIPC Executive Director or a Port Commissioner. The GIPC Executive Director shall forward the complaint to the GIPC Legal Representative immediately. The Port Commissioners shall be notified immediately by the GIPC Executive Director that a complaint has been filed. This notification shall not include the identity if the person making the complaint or the alleged harasser but shall inform the Port Commissioners that a complaint has been filed and that an investigation shall be conducted pursuant to the provisions of this manual. The GIPC Executive Director shall immediately initiate an investigation by the GIPC Legal Representative into the complaint.
Any complaint and information resulting from a harassment of sexual harassment investigation will be kept in the strictest confidence, only informing those persons, as the situation dictates, who need to know to affect the earliest resolution.
- Enforcement Investigation, and Resolution of Complaints. A complaint of harassment or sexual harassment shall be immediately investigated by the GIPC Executive Director or as designated by the Port Commissioners pursuant to this manual. The investigation shall be completed within fifteen (15) working days of the complaint and the findings of the investigation shall be submitted to the Port Commissioners for action upon completion of the investigation. Final disposition of the complaint shall occur within thirty (30) working days of filing the complaint. Depending upon the circumstances, the employee shall be subject to disciplinary action appropriate to the complaint as agreed to by the Port Commissioners and the GIPC Legal Representative.
- Retaliation. Employees shall report harassment or sexual harassment without fear of retaliation. There shall be no retaliation against any employee who, acting in good faith, files a complaint, cooperates with an investigation of the complaint, or seeks guidance on compliance concerns or questions.
Retaliation is any action, statement, or behavior that is designed to punish an employee for filing a complaint, cooperating with an investigation of a complaint, seeking guidance regarding a compliance concern or to deter an employee from taking such action.
Acts of retaliation shall be reported immediately to the GIPC Executive Director, Port Commissioners, or GIPC Legal Representative. An investigation into the act of retaliation shall be initiated immediately by the GIPC Executive Director, Port Commissioner or GIPC Legal Representative.
- Mandatory Training. All Employees and Port Commissioners shall complete the applicable mandatory training.
- All employees shall complete a minimum of one hour of education and training on preventing sexual harassment during each calendar year of his public employment. Employees shall send their certificate of completion of the training to the GIPC office.
- The Executive Director, Port Commissioners and GIPC Legal Representative who are to accept or investigate a complaint of sexual harassment for the GIPC shall receive additional education and training each calendar year.
- All training certificates and records will be maintained by the GIPC Administrative Assistant on a calendar yearly basis. These training records shall be public records and available to the public in accordance with the Public Records Law.
- Failure to complete the mandatory training requirements may result in appropriate disciplinary action.
- Reporting. The GIPC Executive Director will compile and submit an annual report to the Port Commissioners on February 15th of each year containing information from the previous calendar year. The report shall include:
- Then number and percentage of employees who have completed the mandatory training requirements.
- The number of sexual harassment complaints received.
- The number of complaints which resulted in a finding that sexual harassment occurred.
- The number of complaints in which the finding of sexual harassment resulted in discipline or corrective action.
- The amount of time it took to resolve each complaint.
These reports shall be a public record and available to the public in accordance with the Public Records Law. 2