Department of General Services

Personnel Services
Sexual Harassment

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We've all heard of "sexual harassment" because, unfortunately, it is not a new phenomenon. Sexual harassment is a form of sex discrimination and is a violation of official City policy and Federal and State law. Our General Manager is committed to creating a work environment that is free from discrimination and harassment. The Department has a "zero tolerance" policy regarding sexual harassment, and prompt and appropriate action will be taken to deter this type of behavior.

Sexual harassment prevention is the responsibility of every employee in the Department. If you observe such behavior in the work place, you must bring the problem to the attention of the Department's Sexual Harassment Counselor (SHC), Paula Dayes, in our Personnel Services Division. The following are questions often asked in sexual harassment prevention seminars. If you have concerns that were not addressed in this section, contact our SHC at 213-922-8583 for further assistance.

What does "sexual harassment" mean?
Sexual harassment can take many forms. The Mayor's Executive Directive No. 1-A (Revised) states, "Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal, visual or physical conduct of a sexual nature when: (1) submission to such conduct is either explicitly or implicitly made a term or condition of an individuals employment; (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or (3) such conduct has the purpose or effect of interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment." What all this means is that "it is sexual harassment for any employee to use implicit or explicit sexual behavior of a verbal, visual or physical nature to affect the work environment, job or performance of any employee." In addition to being unwelcome, part of the legal definition of sexual harassment is that it must be repeated, severe and/or pervasive in nature.

What is "verbal" sexual harassment?
Verbal harassment includes, but is not limited to, sexual comments or jokes, making sexual comments about a person's body, asking personal questions about a person's sex life, spreading rumors about a person's sex life or preferences, or repeatedly asking out a person who is not interested.

Does that mean I can't tell a friend a "dirty" joke?
"Dirty" jokes, innuendoes, comments or stories do not belong at work. You can never be sure that your "audience" actually likes it. They might be offended by it but don't feel comfortable telling you so. Also, someone might overhear you and be offended, which is called "third party" sexual harassment. If the comments are inappropriate for the workplace, they should be stopped.

Can I compliment someone I work with about his or her appearance?
You would have to be sure that you are complimenting them in a non-sexual way. It is NOT ok to say something like, "That sweater sure shows off your figure." It is OK to say, "That's a nice outfit you're wearing."

I'm a supervisor. Can I ask my subordinate to go out?
We recommend that you don't ask individual subordinates out. It is better to maintain a professional relationship. The employee is your subordinate and might feel obligated to accept; they might accept thinking they will get special treatment at work; or the other employees might think that you are favoring that person. If you do start a relationship with a subordinate and it ends, the subordinate could then claim that you sexually harassed them. This is one of those "no-win" situations. Better to avoid it! But I know of a lot of City employees who have dated or married after meeting at work.
That's true, but again, if you are the supervisor, we don't recommend getting involved with a subordinate, even though there is no City policy banning employees from dating each other. Co-workers are free to date or marry. Just be sure that if you ask someone out and they turn you down, you take the hint and don't keep repeatedly asking them out.

What is non-verbal sexual harassment?
That covers several areas as well. It can be having or showing pictures of nude or semi-nude individuals, making sexual gestures with hands or body or making facial expressions such as licking lips or throwing kisses. It also includes staring at someone, looking a person up and down, following the person, blocking a person's path, or sending unwanted letters, gifts, or materials of a sexual nature, as well as others.

What is physical harassment?
Physical harassment is any form of unwelcome touching or brushing up against a person. Examples of physical harassment include touching the person's body, hair or clothing, hugging, kissing, patting or stroking, massaging a person's neck, shoulders, etc., or standing close to a person.

What do I do if I think I've been sexually harassed?
If you feel comfortable talking to the "harasser", tell the harasser that you don't like the behavior. If it doesn't stop, report it to your supervisor or to the Department Sexual Harassment Counselor, at 213-922-8583. If you are not comfortable talking to the harasser, then contact your supervisor, manager or Dept. Sexual Harassment Counselor. Keep careful notes about the incident.

How much time do I have to report a sexual harassment incident?
The statute of limitations for filing a sexual harassment complaint within the City is one year. This time limit also applies for complaints filed with the state agency, DFEH, (Department of Fair Employment & Housing). The time limit for filing with the federal agency, EEOC, (Equal Employment Opportunity Commission), however, is 300 days.

Can a former employee file a complaint against me several years after leaving my shop?
Keeping in mind the above statutes of limitations, the Department's Sexual Harassment Counselor will investigate all complaints brought to her attention. The investigation may be incomplete due to the possibility of loss of evidence, witnesses, etc., however, if there is a delay by the complainant in reporting the matter.

As a supervisor, what are my responsibilities regarding sexual harassment?
Supervisors have a lot of responsibility in this area. If you observe or hear about sexual harassment, you are legally responsible to investigate and/or report it to the Department's Sexual Harassment Counselor. You are held to a higher standard than non-supervisory employees, so you have to set a good example and behave in a professional, respectful way towards your subordinates, co-workers, supervisors, other City employees and the public. Also, be aware of what's happening in your work group(s), and let your employees know they can come to you with a problem.

I have overheard complaints about sexual harassment in my work group. I do not have specifics, but feel like I should do something as the supervisor. What can I do?
As a supervisor you might consider routing a memo to your employees reminding them about the Department's "zero tolerance" policy on sexual harassment, or discussing the Department's policy on this issue during a tailgate or staff meeting. Document that you had the meeting and what was said on the subject and send the notes to the Department's Sexual Harassment Counselor. When in doubt, contact the Department's Sexual Harassment Counselor for guidance.

Does sexual harassment occur only between men and women?
No. Although the majority of claims filed with the federal EEOC (as of 2001) show men as the harassers, sexual harassment can occur between people of the same gender or opposite genders.

I've heard that it may be sexual harassment for a supervisor to give preference in assignments to an employee who the supervisor is having a secret relationship with. Is this true?
The potential is there for a complaint, if the "perception" by another employee is that the assignments were made because of the relationship. Whether the employee qualified for the assignments or the supervisor's decisions were fair and unbiased, an allegation of sexual harassment might be filed by other employees if they believed (1) they were as qualified or more qualified for the assignments; and (2) they were put at a disadvantage because of the relationship. Keep in mind a sexual harassment complaint is considered an allegation, absent evidence to the contrary. An employee's perception, alone, cannot result in a meritorious complaint of sexual harassment. An investigation would have to be conducted to determine wrongdoing.

Why is sexual harassment considered a form of (unlawful) employment discrimination?
As mentioned earlier, sexual harassment is a form of sex discrimination. Current Federal, State and City laws prohibit discrimination of any kind, including in the workplace. Our employees, therefore, should expect a workplace free from discriminatory language, images or behavior.

I asked a subordinate to dinner and a movie. She declined and said my asking made her feel uncomfortable. Maybe I shouldn't have asked, but am I guilty of sexual harassment?
If that's all you did, probably not. Part of the definition of sexual harassment is that it must be unwelcome, repeated, severe or pervasive, interfere with a person's work performance and/or create a "hostile" work environment. If you ask her out again, when she expressed a lack of interest the first time, now you're treading on thin ice. Why? Because your actions are clearly not welcomed and you repeated your request despite the fact she said it made her uncomfortable. You've now created a potentially hostile work environment for your subordinate and opened yourself up for a complaint investigation. Again, we strongly recommend that you don't date a subordinate for the reasons given earlier.

Can I, a supervisor, be held personally liable for sexual harassment committed by my subordinates? Can the General Manager?
Yes, to both questions. As a supervisor, manager or General Manager for the Department, you can be held personally liable for the acts of your subordinates if you knew (or should have known) sexual harassment was occurring at the work site, and did nothing to stop or prevent it from happening.

One of my employees told me that she is being sexual harassed by a co-worker; but, she refuses to let me investigate. What do I do?
The law requires a person who feels sexually harassed to report the incident to someone. She has fulfilled this requirement by telling you, her supervisor; however, you can't force her to cooperate against her will. You should explain that the Department has a zero tolerance policy regarding sexual harassment and takes every complaint seriously; but we cannot conduct an investigation to address her issues without her cooperation. If she still insists that she doesn't want anything done about the matter or refuses to cooperate, document your conversation, noting what you told the employee, and turn the matter over to the Department's Sexual Harassment Counselor.

This is all pretty complicated. I feel like I can't be myself at work.
We want everyone to feel comfortable at work. We hope you will have good relationships with co-workers and supervisors, and that you will enjoy coming to work. All you have to do is remember to treat everyone with respect and courtesy. If you follow that rule, you shouldn't have any problems! I have more questions about sexual harassment. Who should I call or e-mail to get answers? Contact the Department's Sexual Harassment Counselor, Paula Dayes, at 213-922-8583, Personnel Services Division, Room 307, City Hall South. Paula Dayes can be e-mailed at Paula.Dayes@lacity.org(or through GroupWise: 'Paula Dayes'.)

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