No. 30054: R477-15. Unlawful Harassment Policy and Procedure

DAR File No.: 30054
Filed: 06/09/2007, 11:06
Received by: NL

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

This rule is written under the general grant of rulemaking authority given to the Department of Human Resource Management (DHRM) in Section 67-19-6.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

The Utah Public Employees' Association (UPEA) requested that the rule be amended to provide for the transfer of one of the parties in an investigation of unlawful harassment.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

Originally this rule was written to address legal liability the state was facing concerning sexual harassment suits. When the Equal Employment Opportunity Commission (EEOC) broadened sexual harassment to unlawful harassment, the state did the same under advice of the Division of Risk Management and legal counsel. This is an important rule that protects employees from harassing behavior. It also protects the state from costly legal action. Therefore, this rule should be continued. DHRM did not amend this rule to accommodate UPEA's request to transfer one of the parties in a sexual harassment investigation. This is not necessary since these actions are already permitted by other rules under the definition for reassignment and the rule for administrative leave.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Human Resource Management
Administration
Room 2120 STATE OFFICE BLDG
450 N MAIN ST
SALT LAKE CITY UT 84114-1201

Direct questions regarding this rule to:

Lyle Almond at the above address, by phone at 801-538-3391, by FAX at 801538-3081, or by Internet E-mail at [e-mail]

Authorized by:

Jeff Herring, Executive Director