DEPARTMENT OF HUMAN RESOURCE MANAGEMENT POLICY

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DEPARTMENT OF HUMAN RESOURCE MANAGEMENT

POLICY 2.35 CIVILITY IN THE WORKPLACE

APPLICATION: All Executive Branch employees whether covered or non-covered under

the Virginia Personnel Act. This includes all teaching, research and administrative faculty,

employees of the Governor's Office, the Office of the Lieutenant Governor, and the Office of the

Attorney General.

Expectations for appropriate behaviors extend to contract workers, customers, clients, students,

volunteers, and other third parties in the workplace.

PURPOSE:

It is the policy of the Commonwealth to foster a culture that demonstrates the principles

of civility, diversity, equity, and inclusion. In keeping with this commitment, workplace

harassment (including sexual harassment), bullying (including cyber-bullying), and workplace

violence of any kind are prohibited in state government agencies.

POLICY SUMMARY:

This policy is to ensure that agencies provide a welcoming, safe, and civil workplace for their

employees, customers, clients, contract workers, volunteers, and other third parties and to

increase awareness of all employees' responsibility to conduct themselves in a manner that

cultivates mutual respect, inclusion, and a healthy work environment. All employees should

receive training from either the agency EEO Officer or the Diversity, Equity, and Inclusion Unit in

the Department of Human Resource Management to assist them in recognizing, preventing, and

reporting behaviors that constitute harassment, sexual harassment, bullying, cyber-bullying, and

threats or violence related to the workplace. Agencies are required to provide avenues for

addressing complaints; to communicate how employees may access these procedures and

participate in related investigations, free of retaliation; and to hold employees accountable for

violations of this policy.

AUTHORITY & INTERPRETATION:

Title 2.2 of the Code of Virginia

The Director of the Department of Human Resource Management is responsible for official

interpretation of this policy, in accordance with §2.2-1201 of the Code of Virginia. The

Department of Human Resource Management reserves the right to revise or eliminate this

policy.

RELATED POLICIES:

Policy 1.60, Standards of Conduct

Policy 1.75, Use of Electronic Communications and Social Media

Policy 2.05, Equal Employment Opportunity

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POLICY HISTORY:

EFFECTIVE DATE

DESCRIPTION

01-01-19

Policy established. This policy replaces Policy 1.80, Workplace Violence and Policy

2.30, Workplace Harassment.

05-01-20

Policy re-formatted, link for Policy Guide.

07-01-20

Policy revised per changes in Code of Virginia § 2.2-3901, 2.2-3903.

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DEPARTMENT OF HUMAN RESOURCE MANAGEMENT

POLICY 2.35 CIVILITY IN THE WORKPLACE

ADMINISTRATIVE PROCEDURES

PROCEDURES

Prohibited Conduct

General Provisions

Application

Harassment, Bullying,

Workplace Violence

Refer to the Policy Guide

on Prohibited

Conduct/Behaviors for

more information.

 The Commonwealth strictly forbids harassment (including

sexual harassment), bullying behaviors, and threatening or

violent behaviors of employees, applicants for employment,

customers, clients, contract workers, volunteers, and other

third parties in the workplace.

 Behaviors that undermine team cohesion, staff morale,

individual self-worth, productivity, and safety are not

acceptable.

Retaliation

The Commonwealth will not tolerate any form of retaliation

directed against an employee or third party who, in good faith,

either reports these prohibited behaviors or participates in any

investigation concerning such behaviors.

Complaint Procedures

General Provisions

Application

Timely Reporting

Employees and third parties should report incidents of prohibited

conduct as soon as possible after the incident occurs.

Recipient of Complaint

 Under no circumstances shall the individual alleging

prohibited conduct be required to file a complaint directly with

the individual(s) alleged to have engaged in the prohibited

conduct.

 Under no circumstances shall the individual alleged to have

engaged in prohibited conduct be allowed to investigate the

complaint that he/she is alleged to have engaged in.

Assurance against

Retaliation

 Employees and third parties who, in good faith, make

complaints of inappropriate workplace conduct or provide

information related to such complaints will be protected

against retaliation.

 If retaliation occurs, the complainant(s) should report the

retaliation through the appropriate complaint procedure.

Discriminatory Prohibited

Conduct

Employees and applicants for employment seeking to remedy

workplace harassment on the basis of an individual’s race (to

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General Provisions

Application

include traits historically associated with race including hair

texture, hair type, and protective hairstyles such as braids, locks,

and twists); sex; color; national origin; religion; sexual orientation;

gender identity or expression; age; political affiliation; genetic

information; veteran status; pregnancy, childbirth or related

medical conditions; or disability may file a complaint using any of

the options noted:

 Internal Agency Procedure for Discriminatory Prohibited

Conduct: The employee or applicant may report incidents of

discriminatory harassment to his/her supervisor(s), the

agency human resource director, the agency head, or any

individual(s) designated by the agency to receive such

reports; OR

 State Complaint Procedure for Discriminatory Prohibited

Conduct: The employee or applicant may follow the

complaint procedure as administered by the DHRM; OR

 Grievance Procedure for Discriminatory Prohibited Conduct:

Eligible employees also may use the State Employee

Grievance Procedure, which is administered by DHRM, to

address discriminatory harassment; OR

 Federal Complaint Process for Discriminatory Prohibited

Conduct: Employees (and applicants for Commonwealth

employment) may file a complaint with the U.S. Equal

Employment Opportunity Commission.

 Those wishing to file a grievance may contact the Advice

Line, administered by Office of Employee Dispute Resolution

to discuss concerns and be advised of options and

procedures.

 Those wishing to file a discriminatory complaint may contact

the 800 number administered by the Diversity, Equity, and

Inclusion Unit.

Non-Discriminatory

Prohibited Conduct

 Employees and third parties who have been subjected to or

have witnessed nondiscriminatory prohibited conduct may

report the incident(s) to their supervisor(s), the agency

human resource director, the agency head, or any

individual(s) designated by the agency to receive such

reports.

 Each agency shall communicate its internal procedure to

employees and respond to third parties accordingly.

 The procedure shall ensure the safety and anonymity of

those reporting threats or violent situations and shall include

a mechanism to address such situations immediately.

 This may include prompt notification of appropriate law

enforcement or medical authorities.

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Policy Violations

General Provisions

Application

Engaging In Prohibited

Conduct:

Any employee who engages in conduct prohibited under this

policy or who encourages or ignores such conduct by others

shall be subject to corrective action, up to and including

termination, under Policy 1.60, Standards of Conduct.

Allowing Prohibited

Conduct to Continue

Managers and/or supervisors who allow observed or reported

prohibited conduct addressed in this policy to continue upon

becoming aware of the behavior may be considered parties to

the offense and subject to disciplinary action, up to and

including termination, under Policy 1.60, Standards of Conduct.

Failure to Respond

Managers and/or supervisors who fail to take appropriate action

upon becoming aware of the behavior shall be subject to

disciplinary action, up to and including termination, under Policy

1.60, Standards of Conduct.

Violations Outside the

Workplace

 Violations occurring outside the workplace may be grounds

for disciplinary actions, up to and including termination.

 In these situations, the agency must demonstrate that the

conduct committed has a sufficient nexus to the workplace or

the agency’s operations, services, or reputation to be

addressed by this policy.

Agency Responsibilities

General Provisions

Application

Complaint Procedures

Agencies must establish internal complaint procedures,

designate recipients of such complaints, and assign

responsibilities for investigation and communication of findings.

Safety Protocols

Agencies must establish and communicate protocols for

assessing and addressing emergency situations involving

threatening or violent behaviors.

Communication

Agencies must communicate this policy to employees and third

parties on a periodic basis. Communication must include:

 The agency’s commitment to providing a safe work

environment; to fostering a culture of civility, diversity, and

equity inclusion.; and to immediately addressing prohibited

conduct.

 The requirement that employees participate in training on the

Civility in the Workplace policy and about the types of

behavior that are considered prohibited conduct.

 Directions and procedures established for filing related

complaints. Complaint procedures shall be communicated

periodically and through multiple media to ensure that

employees are aware of their right to report prohibited

conduct and are assured that there will be no retaliation for

doing so.

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General Provisions

Application

Agency Management

Agency managers and supervisors are required to:

 Stop any prohibited conduct of which they are aware,

whether or not a complaint has been made.

 Express strong disapproval of all forms of prohibited conduct.

 Intervene when they observe any acts that may be

considered prohibited conduct.

 Take immediate action to prevent retaliation towards the

reporting party or any participant in an investigation.

 Take immediate action to eliminate any hostile work

environment when there has been a complaint of workplace

harassment.

 Take immediate action to address any threats or violent

behavior that could endanger the safety of employees and

others in the workplace or result in damage to physical

structures.

Contract Workers/Other

Third Parties

Agencies must ensure that contract workers or other third parties

are made aware of this policy and are provided with related

training.

Department of Human Resource Management Responsibilities

General Provisions

Application

DHRM Responsibilities

 Provide online training coursework related to this policy to be

accessible to employees.

 Provide policy and training guidance to agencies.

 Communicate to agency heads and human resource directors

the requirement that all employees complete the online

training provided by DHRM or comparable training provided

by the agency.

GLOSSARY

Bullying

Disrespectful, intimidating, aggressive and unwanted behavior

toward a person that is intended to force the person to do what

one wants, or to denigrate or marginalize the targeted person.

The behavior may involve a real or perceived power imbalance

between the aggressor and the targeted person. The behavior

typically is severe or pervasive and persistent, creating a hostile

work environment. Behaviors may be discriminatory if they are

predicated on the targeted person’s protected class (e.g., using

prejudicial stereotyping or references based on the targeted

person’s characteristics or affiliation with a group, class, or

category to which that person belongs, or targeting people

because they are in a protected class).

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Cyber-Bullying

Using technology to intentionally harm others through hostile

behavior, threatening, disrespectful, demeaning, or intimidating

messages. Bullying that occurs via the Internet, cell phones, or

other devices (e-mails, IMs, text messages, blogs, pictures,

videos, postings on social media, etc.). Pretending to be the

victim or spreading rumors or visual images online in order to

denigrate or marginalize the targeted person. Behaviors may be

discriminatory if they are predicated on the targeted person’s

protected class (e.g., using prejudicial stereotyping or references

based on the targeted person’s characteristics or affiliation with a

group, class, or category to which that person belongs, or

targeting people because they are in a protected class).

Discriminatory Workplace

Harassment [Harassment

Illegal under Equal

Employment Laws]

Discriminatory Harassment

Any unwelcome verbal, written or physical conduct that either

denigrates or shows hostility or aversion towards a person on the

basis of race; traits historically associated with race including hair

texture, hair type, and protective hairstyles such as braids, locks,

and twists; sex; color; national origin; genetic information;

religion; sexual orientation; gender identity or expression; age;

political affiliation; veteran status; pregnancy, childbirth or related

medical conditions; or disabilities, that: (1) has the purpose or

effect of creating an intimidating, hostile or offensive work

environment; (2) has the purpose or effect of unreasonably

interfering with an employee’s work performance; or (3) affects

an employee’s employment opportunities or compensation.

Sexual Harassment

Any unwelcome sexual advance, request for sexual favors, or

verbal, written or physical conduct of a sexual nature by a

manager, supervisor, co-workers or non-employee (third party).

Quid pro quo

A form of sexual harassment by a manager/supervisor or a

person of authority in which an employee’s receipt of a job

benefit or the imposition of a tangible job detriment is conditioned

on the employee’s acceptance or rejection of the harassment.

Hostile work environment

A form of sexual harassment when a victim is subjected to

unwelcome and severe or pervasive repeated sexual comments,

innuendos, touching, or other conduct of a sexual nature that

creates an intimidating or offensive place for the employees to

work.

Non-Discriminatory

Workplace Harassment

[Harassment not Based

on Protected Classes]

Any targeted or directed unwelcome verbal, written, social, or

physical conduct that either denigrates or shows hostility or

aversion towards a person not predicated on the person’s

protected class.

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Retaliation

Overt or covert acts of reprisal, interference, restraint, penalty,

discrimination, intimidation, or harassment against an individual

or group exercising rights under this policy.

Third Parties

Individuals who are not state employees, but who have business

interactions with state employees. Such individuals include, but

are not limited to:

 Customers;

 Clients;

 Students;

 Interns;

 Vendors;

 Contractors;

 Volunteers;

 Applicants for state employment or services; and the

 General public.

Workplace

Any location, either permanent or temporary, where an employee

performs any work-related duty or is representing the agency in

this capacity. This includes, but is not limited to, the buildings

and surrounding perimeters, including the parking lots, field

locations, alternate work locations, clients’ homes or offices,

outside meetings, conferences and conventions, and travel to

and from work assignments. It also applies to written, verbal, or

graphic communications delivered in person, via phone,

message, computer, or social media.

Workplace Violence

Any physical assault, threatening behavior, or verbal abuse

occurring in the workplace by employees or third parties.

Threatening behaviors create a reasonable fear of injury to

another person or damage to property or subject another

individual to extreme emotional distress.