Common use of EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION Clause in Contracts

EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION. Section 1. The provisions of this Agreement shall apply equally to all employees in the bargaining unit without regard to age, race, religion, sex, color, mental or physical disability, marital status, sexual orientation, national origin, political affiliation, or any other protected class under State or Federal law. The Union further agrees that it will cooperate with the Agency's implementation or applicable federal and State laws and regulations, including but not limited to Presidential Executive Order 11246 as amended by Presidential Executive Order 11375, pertaining to affirmative action. Section 2. All complaints alleging any form of discrimination, including sexual harassment, listed above shall be submitted directly to the Agency. A meeting with the employee, if requested by the employee or the Union, will be held within fifteen (15) calendar days of the receipt of the request. Prior to the conclusion of the meeting, a reasonable effort will be made to resolve the employee's complaint. If, however, a satisfactory solution cannot be reached, the Agency or the designated representative will communicate in writing, within seven (7) calendar days, the position of the Agency to the complainant and the Union. If no hearing is conducted, the Agency shall advise the employee and the Union in writing within fifteen (15) calendar days of receiving the complaint of the Agency's position. If the complaint is not satisfactorily resolved at this step, it may be submitted to the Bureau of Labor and Industries for resolution if further pursued. Section 3. Sexual harassment is considered a form of sex discrimination. No employee shall be subjected to sexual harassment by the Employer, the Union or other bargaining unit members. Unwelcome sexual advances, requests for sexual favors and other deliberate or repeated unsolicited verbal or physical conduct of a sexual nature constitutes sexual harassment when: A) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; B) Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or C) Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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