Section 93-15-003 - DiscriminationUnlawful workplace discrimination (harassment), based in whole or in part on sex, race, color, religion, marital status, national origin, age, disability, protected activity (such as an employee's opposition to discrimination or participation in complaint proceedings), or genetic information (as prohibited by the federal Genetic Information Non-discrimination Act [GINA] and Neb. Rev. Stat. § 48-236); constitutes unlawful workplace discrimination (harassment). Employees who commit unlawful workplace discrimination (harassment) while performing duties for the Department may be subject to disciplinary action, up to and including dismissal from employment. Employees who make complaints or assist in investigations of unlawful workplace discrimination (harassment) will be protected against retaliation. Reports of alleged unlawful discrimination will be made to a staff member of the Human Resources Office, or any NDE Office Administrator. Employees covered by the Agreement may utilize grievance procedures contained in the Agreement, and employees not covered by the Agreement may utilize the grievance procedures contained in Chapter 14 of this Title.
003.01Sexual Harassment. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:003.01A Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment;003.01B Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or003.01C 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.003.01D Sexual harassment does not include personal compliments welcomed by the recipient or social interaction, or relationships freely entered into by employees or prospective employees.003.01EBehavior Constituting Sexual Harassment. In determining whether alleged conduct constitutes sexual harassment, the Department will look at the record as a whole and at the totality of the circumstances, such as the nature of the sexual behavior and the context in which the behavior occurred. The determination of the legality of a particular action will be made from the facts on a case-by-case basis. Sexual harassment will not be permitted during the workday, nor will acts of sexual harassment be condoned outside the work environment if such are construed to encroach on the normal working relationship.93 Neb. Admin. Code, ch. 15, § 003
Amended effective 11/4/2015.Amended effective 7/5/2017.Amended effective 12/1/2018Amended effective 12/2/2018Amended effective 6/2/2024