Compilation of Rules and Regulations of the State of Georgia › Department 478 - RULES OF THE STATE PERSONNEL BOARD › Chapter 478-1 - RULES OF THE STATE PERSONNEL BOARD › Rule 478-1-.03 - Antidiscrimination

Current through Rules and Regulations filed through June 27, 2024
(1)
Introduction
:
The State is committed to providing equal employment
				opportunity for all individuals and ensuring that all individuals are treated
				in a fair and non-discriminatory manner throughout the employment process. This
				includes protection from discrimination, harassment, and retaliation in the
				workplace. The information provided in this Rule is intended to serve as a
				summary of agency and employee obligations with regard to preventing unlawful
				discrimination and harassment in the workplace.
While there are multiple types of workplace harassment,
				incidents of sexual harassment present unique challenges which warrant special
				emphasis and implementation of a particularized approach to the prevention,
				detection, and elimination of sexual harassment from the state workplace.
				Therefore, in accordance with Executive Order 01.14.19.02, Executive Branch
				agencies shall receive, process, and investigate complaints and reports of
				sexual harassment and connected retaliation based on the procedures provided in
				the Statewide Sexual Harassment Prevention Policy. Please refer to the
				Statewide Policy for specific information regarding the reporting and handling
				of sexual harassment complaints and reports.
(2)
Applicability
:
This Rule applies to Executive Branch employers, local
				departments of Public Health, and Community Service Boards. It does not apply
				to other public corporations, authorities, or the Board of Regents of the
				University System of Georgia.
(3)
Definitions
:
For the purposes of this Rule, the following terms and
				definitions apply in addition to those in
				  478-1-.02, Terms and
				Definitions:
(a) "Disability" means a
			 physical or mental impairment that substantially limits one or more of an
			 individual's major life activities.
(b) "Disabled individual" means an individual
			 who has such an impairment, has a record of such an impairment, or is regarded
			 as having such an impairment.
(c)
			 "Discrimination" means unequal treatment of an otherwise qualified applicant or
			 employee in hiring, promotion, discharge, or terms and conditions of employment
			 when the decision is based on an individual's race, color, creed, national
			 origin, ancestry, citizenship, religion, political opinions or affiliations,
			 age, disability, genetic information, sex, pregnancy, childbirth or related
			 conditions, military or veteran status, or other status protected by federal or
			 state law or regulation.
(d)
			 "Harassment" means physical, verbal, or non-verbal/visual conduct that is
			 either directed toward an individual or reasonably offensive to an individual
			 because of his or her race, color, creed, national origin, ancestry,
			 citizenship, religion, political opinions or affiliations, age, disability,
			 genetic information, military or veteran status, or status other than sex
			 protected by federal or state law or regulation. Note: Harassment based on sex
			 is also strictly prohibited by the Statewide Sexual Harassment Prevention
			 Policy, which should be referenced for guidance on the reporting and handling
			 of sexual harassment complaints and reports.
(e) "Qualified individual with a disability"
			 means an individual with a disability who, with or without reasonable
			 accommodation, can perform the essential functions of the position that the
			 individual holds or for which he/she has applied.
(f) "Retaliation" means an act or omission
			 intended to, or having the reasonably foreseeable effect of, punishing or
			 otherwise impacting an individual for submitting (or assisting with submitting)
			 a complaint or reporting discrimination or harassment, for participating in a
			 discrimination or harassment investigation or proceeding, or for otherwise
			 opposing discrimination or harassment.
(g) "Sexual harassment" means physical,
			 verbal, or non-verbal/visual conduct that is either directed toward an
			 individual or reasonably offensive to an individual because of his or her sex.
			 Therefore, for purposes of this Rule,"sexual harassment" includes physical,
			 verbal, or non-verbal/visual conduct constituting:
1. unwanted sexual attention, sexual
			 advances, requests for sexual favors, sexually explicit comments, and other
			 conduct of an expressed or obviously implied sexual nature, by an individual
			 who knows, or reasonably should know, that such conduct is unwanted or
			 offensive; and
2. conduct that is
			 hostile, threatening, derogatory, demeaning, or abusive or intended to insult,
			 embarrass, belittle, or humiliate an individual because of his or her sex,
			 regardless of whether the underlying reason for the conduct is
			 apparent.