Policies

This represents the policy of the 16^th Judicial District Attorney’s Office concerning harassment - both general and sexual.  Any questions concerning the context of this policy should be discussed with your department head or the Human Resource Department.
 
It is the District Attorney’s belief that its employees are the primary means by which the goals and objectives of the organization will be met.  All employees of the District Attorney must understand its position on harassment.  By definition, harassment is any unwanted physical or verbal conduct or action prohibited by law by someone in the workplace that creates an intimidating, hostile, or offensive work environment, including discrimination and sexual harassment.
 
The District Attorney strongly disapproves of activity which falls within the definitions of unlawful harassment and will take appropriate action to end said harassment and/or prevent the recurrence of any such misconduct.  Any form of harassment or discrimination that violates federal, state or local law, including but not limited to that which is related to an individual’s race, religion, color, sex, sexual orientation, gender identity, national origin, pregnancy, age, disability, or other traits, characteristics, or classes that are protected by law, is a violation of this policy and will be treated as a disciplinary matter.
 
The procedure for reporting and dealing with these very sensitive issues is as follows:
If a person’s behavior makes an employee uncomfortable, the employee should feel free to immediately advise the person that, in the employee’s opinion, the behavior is inappropriate, and that the employee would like it stopped.  If the employee is not comfortable discussing the issue with the person, or if the person fails to respect an employee’s request, the employee should report the incident, conduct or behavior to his or her supervisor.  If, for whatever reason, the employee does not feel that the supervisor is a suitable person to whom to report the incident, the employee should contact one of the following:  Human Resource Department, 1^st Assistant District Attorney or the District Attorney.  Complaints of sexual harassment should be made in writing and should detail the complaint and the conduct, behavior, communications or action which the person believes violates this policy.  The District Attorney will document its investigation process.
 
The District Attorney prohibits all forms of unwelcomed sexual advances, requests for sexual favors and other verbal, physical or inappropriate conduct of a sexual nature and any conduct which constitutes sexual harassment where the conduct explicitly or implicitly affects an individual’s employment or the holding of a position or office, which unreasonably interferes with an individual’s work performance or which creates and an intimidating, hostile or offensive working environment.  The District Attorney does not tolerate any such conduct, actions, communications and behavior.  This further includes inappropriate conduct, actions, communication and behavior which is directed to a person of the opposite sex, as well as to persons of the same sex. 
 
Sexual harassment occurs when unsolicited and unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature:

• Is made explicitly or implicitly a term or condition of employment.
• Is used as a basis for an employment decision.
• Unreasonably interferes with an employee’s work performance or creates an intimidating, hostile or otherwise offensive environment.

Sexual harassment may take different forms.  The following examples of sexual harassment are intended to be guidelines and are not exclusive when determining whether there has been a violation of this policy:
 

• Verbal sexual harassment includes innuendoes, suggestive comments, jokes of a sexual nature, sexual propositions, lewd remarks and threats; requests for any type of sexual favor (this includes repeated, unwelcome requests for dates); and verbal abuse or “kidding” that is oriented toward a prohibitive form of harassment, including that which is sexual in nature and unwelcome.
• Nonverbal sexual harassment includes the distribution, display or discussion of any written or graphic material, including calendars, posters and cartoons that are sexually suggestive or show hostility toward an individual or group because of sex; suggestive or insulting sounds; leering; staring; whistling; obscene gestures; content in letters, notes, facsimiles, e-mails, photos, text messages, tweets and Internet postings; or other forms of communication that are sexual in nature and offensive.
• Physical sexual harassment includes unwelcome, unwanted physical contact, including touching, tickling, pinching, patting, brushing up against, hugging, cornering, kissing, fondling, and forced sexual intercourse or assault.

Courteous, mutually respectful, pleasant, noncoercive interactions between employees that are appropriate in the workplace and acceptable to and welcomed by both parties are not considered to be harassment, including sexual harassment.
 
Whether or not a particular incident is sexual harassment requires a complete factual investigation, and the District Attorney’s Office will conduct such investigations on all complaints in a manner so as not to cause any serious effect on innocent employees who either file a complaint and/or may be the subject of a filed complaint.  In all instances, a prompt and thorough investigation will take place, giving careful consideration to protect the rights and dignity of all persons involved.  The District Attorney’s Office will take those steps it feels necessary to resolve the problem, which may include verbal or written reprimand, suspension or termination.
 
It must be understood that the District Attorney’s Office will investigate by gathering information, in as confidential manner as possible, given the need to investigate the complaint, from all concerned parties, and will not retaliate against any employee as a result of reports of alleged harassment or cooperation with any investigation.  The District Attorney expressly prohibits retaliation against any individual who files a complaint or against any individual who testifies, participates or in any way cooperates in an investigation or other proceeding involving a complaint of sexual harassment.  The District Attorney’s Office may make subsequent inquiries from time to time to ensure offensive conduct does not resume and/or that the subject of such harassment has not suffered any retaliation. No retaliation of any kind will be tolerated because an employee in good faith reports an incident of harassment or suspected harassment. The supervisor, or other person to whom the complaint was made, will work to establish mutually agreed upon safeguards against retaliation while attempting to resolve any sexual harassment complaint.
 
Any employee who believes he or she has been subjected to unlawful harassment, sexual harassment, or retaliated against for reporting such activities or assisting in a related investigation of such activities must report the alleged act immediately or as soon as possible to the employee’s immediate supervisor or to the Human Resource Department, the 1^st Assistant District Attorney or the District Attorney.
 
Any employee, manager, or supervisor found to have violated this policy or otherwise engaged in inappropriate or unacceptable conduct may be subject to appropriate discipline, up to and including termination.

Discrimination and harassment, including sexual harassment, are prohibited by Title VII of the Civil Rights Act of 1964, as well as Louisiana’s Employment Discrimination Law.  Title VII is enforced by the United States Department of Labor, Equal Employment Opportunity Commission, and the Louisiana Employment Discrimination Law is enforced by the Louisiana Commission on Human Rights.  Please refer to the District Attorney’s EEO posters for more details.