For SBPL-specific policy and Complaint/Appeal forms, please click here.
For a copy of Sexual Harassment Training Policy and addendum, please click here.
This policy is intended to ensure an environment that respects the dignity and worth of each individual and prohibits all forms of unlawful discrimination, including sexual harassment and harassment because of race, color, religion, gender, national origin, sexual orientation, gender identity, age, ancestry, disability, political affiliation or belief or activity, or any other protected characteristic or protected activity prohibited by law. Workplace harassment, including sexual harassment, will not be tolerated. This policy applies to all harassment occurring in the work environment whether on Library property or elsewhere. Harasser(s) and victim(s) may include employees, Board members, or anyone they interact with while representing the Library. This policy covers all employees and Board members of the St. Bernard Parish Library.
Sexual Harassment
For purposes of this policy, sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
- Submission to such conduct is either explicitly or implicitly made a term or condition of an individual’s employment
- Submission to or rejection of such conduct is used as a basis for employment decisions affecting the individual
- Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or of creating an intimidating, hostile, or offensive work environment
Some examples of what may constitute sexual harassment include, but are not intended to be all-inclusive are threatening or taking adverse employment actions if sexual favors are not granted; demands for sexual favors in exchange for favorable or preferential treatment; unwelcome and reported flirtations, propositions or advances; unwelcome physical conduct; whistling, leering, improper gestures or offensive remarks, including unwelcome comments about appearance; sexual jokes or inappropriate use of sexually explicit or offensive language; and the display in the workplace of sexually suggestive objects or pictures. Widespread favoritism of a paramour based on the granting of sexual favors may create an illegal “hostile work environment”.
Other Prohibited Workplace Harassment
For purposes of this policy, other prohibited workplace harassment is defined as either verbal or physical conduct that denigrates or shows hostility or aversion toward an individual because of his/her race, color, religion, gender, national origin, sexual orientation, gender identity, age, ancestry, disability, or any other characteristic or activity protected by law and that
- Has the purpose or effect of creating an intimidating, hostile, or offensive work environment or
- Has the purpose or effect of unreasonably interfering with an individual’s work performance
Some examples of such harassment include but are not limited to using epithets or slurs, threatening, intimidating, or engaging in hostile acts that focus on a protected characteristic, including jokes or pranks, or circulating in the workplace or social media written or graphic material that denigrates or shows hostility or aversion to a person or group belonging to a protected class.
Procedure for Reporting All Forms of Harassment: Sexual and Discrimination
The Library provides these methods for reporting harassment: suspected, experienced or observed. The procedure shall be used by any patron, employee or Board member and requires a prompt reporting of all incidents. Failure to promptly make the required notification of all incidents of workplace harassment may require disciplinary action for Library personnel.
Employees often can stop or prevent harassment by immediately and directly expressing their disapproval of an individual’s sexual or discriminatory-oriented attention or conduct. In many cases, an informal warning by the director to an alleged harasser, combined with appropriate follow-up supervision and monitoring of the offending employee’s behavior may be sufficient to prevent or stop the harassment. Should this approach fail to stop the harassment, a thorough and impartial investigation of all complaints will be conducted in a timely and appropriate manner.
If the alleged perpetrator of harassment is a library patron, normal disciplinary procedures will be followed; for example, denial of Library services for a specified period of time to be determined by the Library Board of Control.
A complaint form must be completed and signed to initiate an investigation. Documentation of any incident may be submitted with any report (what was said or done, the date, the time and the place), including, but not limited to, written records such as letters, notes, memos, telephone or text messages. All complaints will be investigated and full consideration will be given to all the facts presented. If it is found after investigation that the complaint is valid, appropriate action will be taken.
If a person reasonably believes that another’s attentions, actions or statements violate the Library’s policy or that suggestive activity makes one’s working situation uncomfortable, advise the Library Director. If the Director is the subject of the complaint, then the complaint should be presented to the President of the Board of Control. Otherwise, the Board will be notified of the report and the Director will proceed with an appropriate inquiry. Complainants are encouraged to report suspect actions directly to Library Administration before proceeding with such an issue to any agency or entity outside the Library system.
The Library will address all complaints. This may involve an investigation including interviews with the complaining individual, any witnesses, and the individual or individuals accused of violating this policy. Every effort will be made to keep the complaint confidential and only those with a need to know will be informed about the complaint. The individuals involved in the complaint will be notified of the results of the investigation and of the resolution of the complaint. All actions taken on the complaint shall be documented and the documentation will be maintained in the Library Administrative files.
If the complainant is not satisfied with the Library Director’s decision, an appeal of that decision may be made in a statement setting forth the reasons for the appeal to the Library Board of Control. The Board shall meet with the complainant, the Library Director, if appropriate, and any representatives to discuss the allegations of discrimination. The hearing with the Board shall be informal; however, the complainant and the administration may present evidence, call, and cross-examine witnesses. Hearsay evidence shall not be presented for proof of any ultimate facts. The Board may ask questions of the complainant, the administration, and any witnesses. All hearings shall be held in private and at times convenient for the parties. The Board shall issue its written decision.
If a violation of this policy is determined to have occurred, the Library will take steps to promptly correct the situation. Violations of this policy may result in corrective or disciplinary action up to and including discharge or removal from the Board. No individual will be subjected to discrimination or retaliation for making a complaint or reporting a possible violation of the approved Library policy.
There are consequences for knowingly making a false report for whatever reason. Given the seriousness of the consequences for the accused, a false or frivolous report is a severe offense that can itself result in disciplinary action. Any person who intentionally makes a false report alleging a violation of any provision of this policy shall be subject to discipline or discharge or removal.
Other Harassment
This procedure applies equally to discrimination and harassment prohibited by State and Federal law, i.e. the Equal Employment Opportunity law. This procedure applies to harassment based on an individual’s race, color, age, religion, creed, national origin, qualifying disability, or sex/sexual orientation.
References: Title VII of the Civil Rights Act of 1964, 42 USC Sec. 2000e, 29 CFR 1604.11; La. R.S. 42:342, et seq.
Whistle Blower Policy
The Library strives to conduct its business with the utmost integrity and in strict accordance with all applicable federal, state, and local laws. Accordingly, employees and Board members are encouraged to bring to the attention of Library Administration any improper actions of its employees and Board members. The Library shall not retaliate against any employee or Board member who makes such a disclosure in good faith.
Training
Upon hiring or appointment, each employee or Board member shall complete a sexual harassment training course. Every year thereafter, all employees and Board members shall attend one (1) sexual harassment training session or complete online training. Supervisors and Board members are required to take an additional state-required supervisor training. The Library Director shall maintain attendance records for all sexual harassment courses offered to employees and Board members. If the course is taken online or in person, the employee or Board member must print/present the certificate as proof of completion and submit it to Library Administration. All employees and Board members will sign an annual attestation that they have read and understand the PREVENTING SEXUAL HARASSMENT TRAINING POLICY (Act No. 270 of 2018) and the accompanying ADDENDUM (Act 413 of 2019).
Federal and State Laws
Sexual harassment violates the Equal Employment Opportunity Commission Guidelines, Section 703 of Title VII of the Civil Rights Act of 1964 as amended, the Louisiana Employment Discrimination Law, and LA RS 42:341-345.