Mississippi Administrative Code › Title 27 - STATE PERSONNEL BOARD › Part 120 - Mississippi State Employee Handbook › Chapter 5 - STANDARDS OF EMPLOYEE CONDUCT › Section 27-120-5.7 - WORKPLACE HARASSMENT

Current through June 25, 2024
Each appointing authority must take appropriate steps to
				  provide a professional workplace free from any type of harassment. Federal law
				  prohibits harassing behavior based on race, color religion, sex (including
				  pregnancy), national origin, age (40 or older), disability or genetic
				  information. It is also prohibited for individuals to be harassed in
				  retaliation for certain "protected activity" such as participating in a
				  discrimination complaint process or opposing employment practices that are
				  reasonably believed to be in violation of anti-discrimination laws. State law
				  also requires a personnel system that assures employees are free from coercion
				  for partisan or political purposes and shall receive fair treatment in all
				  aspects of personnel administration without regard to political
				  affiliation.
Offensive conduct can include, but is not limited to,
				  offensive jokes, slurs, epithets, physical assaults or threats, intimidation,
				  ridicule, insults, offensive objects or pictures, and interference with work
				  performance. A harasser can be a supervisor, agent of the employer, co-worker,
				  or a non-employee. A victim does not have to be the person harassed, but can
				  include anyone affected by the offensive conduct.
It is essential that each appointing authority take
				  appropriate steps to prevent and promptly correct harassment, especially
				  harassing behavior based on or motivated by an individual's membership in a
				  protected group. Employees should immediately report harassing behavior they
				  experience, witness or become aware of to an appropriate agency administrator
				  (immediate supervisor, upper management, human resources or an employee
				  designated by the appointing authority to receive such complaints). Agencies
				  should provide alternative opportunities for employees to report harassment to
				  an appropriate agency administrator, in case the source of the harassment is in
				  the employee's management chain.
An appointing authority's reasonable care to prevent
				  workplace harassment should include, but not be limited to, establishing and
				  implementing an anti-harassment policy consistent with these principles. The
				  policy should be well publicized and clearly communicated to all employees.
				  Each level of management and human resources should communicate and demonstrate
				  that harassment will not be tolerated and employee concerns will be promptly
				  addressed, without any fear of retaliation.
After receiving notice of a possible violation of policy, the
				  agency must take prompt action reasonably calculated to end the alleged
				  harassment and conduct a thorough investigation. After completing the
				  investigation, the agency should take effective and appropriate remedial
				  measures, including necessary corrective or formal disciplinary action against
				  the harasser.
If an agency appointing authority is the source of the
				  alleged harassment, the victim may report the harassing behavior directly to
				  the Executive Director of the MSPB at statepersonneldirector@mspb.ms.gov. The
				  Executive Director shall promptly take reasonable steps to ensure the complaint
				  is appropriately and effectively addressed by the responsible parties. Each
				  appointing authority should ensure agency anti-harassment policies are
				  consistent with these guidelines and principles and a sample agency
				  anti-harassment policy can be found at the MSPB website.