PERMANENT RULES
Effective Date of Rule: December 11, 2007.
Purpose: SB 5118 passed during the 2007 legislative session which requires department of personnel to adopt rules establishing guidelines for policies, procedures, and mandatory training programs on sexual harassment for state employees and establishes reporting requirements for agencies on compliance of rules.
Citation of Existing Rules Affected by this Order: Amending WAC 357-25-025.
Statutory Authority for Adoption: Chapter 41.06 RCW.
Adopted under notice filed as WSR 07-20-090 on October 2, 2007.
Changes Other than Editing from Proposed to Adopted Version: In WAC 357-34-105 added to the question: Awareness and prevention.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 7, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 7, Amended 1, Repealed 0.
Date Adopted: November 8, 2007.
Eva N. Santos
Director
[]
[]
If the sexual harassment awareness and prevention training is waived for a new employee the agency must review their sexual harassment policy with the new employee. The employee must take the next training within five years of completion of the sexual harassment awareness and prevention training or within three years of completion of the managers' roles and responsibilities training with their former state agency.
[]
[]
[]
(1) Agencies with 50 or more full time equivalent employees must submit their statement to the department with the employer's affirmative action plan and affirmative action plan update.
(2) Agencies with 25 to 49 full time equivalent employees must submit their statement to the department with their small agency workforce profile.
(3) Agencies with fewer than 25 full time equivalent employees must submit their statement to the department with the agency's sexual harassment policy.
[]
(a) An affirmative action and equal employment opportunity policy statement; and
(b) Policy statements on sexual harassment and reasonable accommodation.
(2) The employer's affirmative action and equal employment opportunity policy statement must be reviewed and approved by the head of the agency, institution, or related higher education board each year. The policy statements on sexual harassment and reasonable accommodation must be updated as needed.
(3) Agencies as defined in RCW 41.06.020 must submit their sexual harassment policy as follows:
(a) Agencies with 50 or more full time equivalent employees must submit their policy to the department with the employer's affirmative action plan and affirmative action plan update.
(b) Agencies with 25 to 49 full time equivalent employees must submit their policy to the department with their small agency workforce profile.
(c) Agencies with fewer than 25 full time equivalent employees must submit their policy to the department at least every two years.
[Statutory Authority: Chapter 41.06 RCW. 05-01-197, § 357-25-025, filed 12/21/04, effective 7/1/05.]
(1) Indicate who is covered by the policy;
(2) Provide that the employer is committed to providing a working environment free from sexual harassment of any kind;
(3) State that sexual harassment is an unlawful employment practice prohibited by Title VII of the Civil Rights Act of 1964 and RCW 49.60;
(4) The definition of sexual harassment as defined by the Equal Employment Opportunity Commission;
(5) Notify the employee or individual of their right to file a complaint with the Washington State Human Rights Commission under RCW 49.60.230 or the Federal Equal Employment Opportunity Commission under Title VII of the Civil Rights Act of 1964;
(6) Identify how and to whom employees or individuals may raise concerns or file complaints. The policy should allow multiple avenues for an employee or individual to raise complaints or concerns and should clearly identify the positions or entities charged with receiving these complaints;
(7) Advise all individuals covered by the policy that the employer is under a legal obligation to respond to allegations concerning a violation of the policy;
(8) Identify the manner by which the employer will respond to alleged violations of the policy, including a formal investigation if necessary;
(9) State that the complainant shall be informed of the status and the outcome of an investigation;
(10) Identify the agency's investigation or response procedure;
(11) Define the roles and responsibilities of employees, managers, supervisors, and others covered by the policy with respect to the following:
(a) Preventing or not engaging in sexual harassment;
(b) Responding to concerns or allegations of violations of the policy;
(c) Participation in an investigation under the policy; and
(d) The prohibition against retaliation.
(12) State that confidentiality cannot be guaranteed;
(13) Advise that retaliation against individuals covered by the policy who report allegations of sexual harassment or who participate in an investigation is prohibited;
(14) Advise that any employee found to have violated the policy will be subject to corrective and/or disciplinary action, up to and including dismissal; and
(15) Advise that any employee found to have retaliated against individuals covered by the policy who report allegations of sexual harassment or who participate in an investigation will be subject to corrective and/or disciplinary action, up to and including dismissal.
[]