Unlawful Workplace Harassment Policy
(for Employees and Former employees who are subject to the State Personnel Act (SPA))

 It is the policy of the University of North Carolina at Charlotte that no state employee may engage in speech or conduct that is defined by the State as unlawful workplace harassment. All current and former SPA employees (as defined by State statues) of the University of North Carolina at Charlotte are protected by statute, which encourages and supports an environment free from unlawful workplace harassment and retaliation.

The State defines unlawful workplace harassment as follows:

Unlawful Workplace Harassment is unwelcome or unsolicited speech or conduct based upon race, sex, creed, religion, national origin, age, color, or handicapping condition as defined by G.S. 168-A-3 that creates a hostile work environment or circumstances involving Quid Pro Quo Harassment.

Hostile Work Environment is one that both a reasonable person would find hostile or abusive and one that the particular person who is the object of the harassment perceives to be hostile or abusive. Hostile work environment is determined by looking at all of the circumstances, including the frequency of the allegedly harassing conduct, its severity, whether it is physically threatening or humiliating, and whether it unreasonably interferes with an employee's work performance.

Quid Pro Quo Harassment consists of unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct when (1) submission to such conduct is made whether explicitly or implicitly a term or condition of an individual's employment, or (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual.

Retaliation is adverse treatment that occurs because of opposition to unlawful workplace harassment.

Any former employee, full-time or part-time employee with either a permanent, probationary, trainee, time-limited permanent or temporary appointment who feels that he/she has been unlawfully harassed in the workplace or who has been the object of retaliation for opposing unlawful workplace harassment and who wishes to file a complaint shall do the following:

Submit a written complaint to the Assistant Director of Compliance and Employee Relations (Department of Human Resources) within 30 calendar days of the alleged harassing action.

The University shall take appropriate remedial action and shall provide a written response to the grievant of such action within 60 calendar days from receipt of written complaint.

After 60 calendar days has expired or upon receipt of the University’s decision, a grievant who is not satisfied with the response may appeal directly to the Office of Administrative Hearings and the State Personnel Commission within 30 calendar days.

Notes:

§         If an employee (or former employee) claims that denial of employment, promotion, training, or transfer, or claims that a demotion, layoff, transfer or termination was based on alleged discrimination (based on age, sex, race, color, national origin, religion, creed, political affiliation or handicapping conditions as defined by G.S. 168A-3), he/she may appeal directly to the Office of Administrative Hearings and the State Personnel Commission.  Similarly, if an employee (or former employee) claims retaliation for opposition to alleged discrimination, he/she may appeal directly to the Office of Administrative Hearings and the State Personnel Commission.

§         A grievant has a right to file a simultaneous complaint under Title VII with the Equal Employment Opportunity Commission (EEOC).

§         While applicants are not covered under the State statute (1998 Senate Bill 78), they are covered under other State and Federal Civil Rights Acts.

The University will conduct a prompt and impartial investigation into all complaints alleging unlawful workplace harassment or retaliation for opposition to unlawful workplace.  Any interference, coercion, restraint or reprisal of any person complaining of unlawful workplace harassment is prohibited.


_______________________________ June 20, 2002                                                  
J.H. Woodward, Chancellor                                   Date

View the OSP Unlawful Workplace Harassment Policy
For additional Notes and/or exceptions, please consult the Office of State Personnel Manual, Equal Employment Opportunity Section 1.

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