27 Miss. Code. R. 120-5.7
Each appointing authority must take appropriate steps to provide a professional workplace free from any type of harassment. Federal law prohibits harassing behavior based on race, color religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. It is also prohibited for individuals to be harassed in retaliation for certain "protected activity" such as participating in a discrimination complaint process or opposing employment practices that are reasonably believed to be in violation of anti-discrimination laws. State law also requires a personnel system that assures employees are free from coercion for partisan or political purposes and shall receive fair treatment in all aspects of personnel administration without regard to political affiliation.
Offensive conduct can include, but is not limited to, offensive jokes, slurs, epithets, physical assaults or threats, intimidation, ridicule, insults, offensive objects or pictures, and interference with work performance. A harasser can be a supervisor, agent of the employer, co-worker, or a non-employee. A victim does not have to be the person harassed, but can include anyone affected by the offensive conduct.
It is essential that each appointing authority take appropriate steps to prevent and promptly correct harassment, especially harassing behavior based on or motivated by an individual's membership in a protected group. Employees should immediately report harassing behavior they experience, witness or become aware of to an appropriate agency administrator (immediate supervisor, upper management, human resources or an employee designated by the appointing authority to receive such complaints). Agencies should provide alternative opportunities for employees to report harassment to an appropriate agency administrator, in case the source of the harassment is in the employee's management chain.
An appointing authority's reasonable care to prevent workplace harassment should include, but not be limited to, establishing and implementing an anti-harassment policy consistent with these principles. The policy should be well publicized and clearly communicated to all employees. Each level of management and human resources should communicate and demonstrate that harassment will not be tolerated and employee concerns will be promptly addressed, without any fear of retaliation.
After receiving notice of a possible violation of policy, the agency must take prompt action reasonably calculated to end the alleged harassment and conduct a thorough investigation. After completing the investigation, the agency should take effective and appropriate remedial measures, including necessary corrective or formal disciplinary action against the harasser.
If an agency appointing authority is the source of the alleged harassment, the victim may report the harassing behavior directly to the Executive Director of the MSPB at statepersonneldirector@mspb.ms.gov. The Executive Director shall promptly take reasonable steps to ensure the complaint is appropriately and effectively addressed by the responsible parties. Each appointing authority should ensure agency anti-harassment policies are consistent with these guidelines and principles and a sample agency anti-harassment policy can be found at the MSPB website.
27 Miss. Code. R. 120-5.7