Sexual Harassment Prohibited

MnDOT Addendum to MMB Policy #1329 (pdf)

MnDOT Policy HR018
View/print signed policy (pdf)

Policy statement

The Minnesota Department of Transportation (MnDOT) is committed to having a work environment free from sexual harassment of any kind.

Sexual harassment in any form is strictly prohibited. Individuals who believe they have been subject to sexual harassment are encouraged to file a complaint with the MnDOT’s Office of Equity and Diversity (OED).

Any form of retaliation directed against an individual who complains about sexual harassment or who participates in any investigation concerning sexual harassment is strictly prohibited and will not be tolerated.

MnDOT fully adopts the state policy, Sexual Harassment Prohibited, HR/LR Policy #1329, to build and maintain a workplace that is respectful and professional toward all employees and third parties. Violations of this policy by State employees will be subject to discipline, up to and including discharge. Violations of this policy by third parties will be subject to appropriate action.

MnDOT’s Sexual Harassment Prohibited policy addresses only sexual harassment. The MnDOT Discrimination Policy addresses harassment based on race, color, creed, religion, national origin, sex, marital status, familial status, disability, sexual orientation, age, genetic information, or status with regard to public assistance.

Reason for policy

Create a work environment free from sexual harassment of any kind
Identify the types of behavior that constitute workplace violations of
sexual harassment
Define roles and responsibilities of all MnDOT employees and third parties
Clarify reporting procedures for policy violations

Who needs to know this policy

All MnDOT employees
All third parties conducting business with MnDOT

Procedures

MnDOT investigations

Complaint Step 1 - Complainant

Employees and third parties are encouraged to report all incidents of sexual harassment. Individuals are encouraged to report incidents of sexual harassment as soon as possible after the incident occurs. Individuals who wish to submit a complaint in writing are encouraged to use the OED Discrimination Complaint Form. Individuals may make a complaint of sexual harassment to:

The Office of Equity and Diversity (OED);
The Office of Human Resources (OHR);
Any supervisor, manager, or director who then contacts the OED;
The Commissioner or Deputy Commissioner, who then contacts the OED; or
If the complaint concerns an agency head, the complainant may contact Minnesota Management and Budget, Enterprise Human Capital, Office of Equal Opportunity, Diversity, and Inclusion.

Complaint Step 2 – Office of Equity and Diversity (OED)

OED will determine if the claim falls within OED’s purview by determining whether the complaint alleges sexual harassment and whether the complaint is proper for resolution through the complaint procedure. If the complaint is found to allege conduct that falls outside of OED’s purview, OED will refer the complaint appropriately.

If the Complainant is suffering, or may be subject to irreparable harm in the absence of immediate action, the OED Director, the Human Resources Director, the Deputy Commissioner, or the Commissioner may take whatever action is appropriate to address the situation while the complaint is under investigation.

Complaint Step 3 – Office of Equity and Diversity (OED)

OED will conduct an impartial investigation which may include a limited inquiry, interviews with, or statements from parties involved, including the complainant, subject, complainant’s supervisor(s), witnesses, and co-workers; and/or a review of all pertinent records or documents relating to the complaint. Matters may be resolved using less formal procedures as well.

OED will make reasonable efforts to complete an investigation and provide a written notice of completion within 60 days of determining purview.

Complaint Step 4 – Office of Equity and Diversity (OED)

Upon completion of the investigation, OED will prepare a written investigation report determining whether the complaint was substantiated. OED will provide the written report to the Human Resources Director and/or other management staff as appropriate. OED will provide written notification to the complainant and to the subject stating the investigation is completed.

Complaint Step 5 – Office of Equity and Diversity (OED) and Office of Human Resources (OHR)

OED will meet with the OHR and/or appropriate management staff to discuss the investigation and follow up action. Human Resources and/or the appropriate management staff will review the investigation report and, if deemed necessary, take proper corrective action up to and including discharge when the investigation findings give merit to the allegations in the complaint.

Forms/instructions

Discrimination Complaint Form

Related information

History

Effective

January 12th, 2018

Supersedes

Policy 3.1 and Guideline 3.1.G-1, Sexual Harassment

Ownership

Please go to the MnDOT Org Chart to find specific contact information: Org Chart.

Responsible Senior Officer

Deputy Commissioner/Chief Engineer

Policy Owner

Office Director
Office of Equity and Diversity

Policy Contact

Office Director
Office of Equity and Diversity