3674

EXECUTIVE ORDERS

EXECUTIVE ORDER OF OCTOBER 20, 1980

01.01.1980.16

SEXUAL HARASSMENT

WHEREAS, The State of Maryland, in spirit and in law, is
dedicated to a strong policy against discrimination
based upon sex; and

WHEREAS, State law and policy require the provision of a
working environment conducive to the performance of
duties and free from intimidation or coercion in any
form; and

WHEREAS, Sexual harassment is an unlawful employment
practice for which legal remedies are available under
Title VII of the Civil Rights Act of 1964, as amended,
and Article 49B of the Annotated Code of Maryland; and

WHEREAS, State Merit System law and regulations prohibit
harassment of employees; and

WHEREAS, The Code of Fair Practices, established by
Gubernatorial Executive Order 01.01.1970.15, as amended
by Executive Order 01.01.1976.15, proscribes, inter
alia, employment discrimination on the basis of gender;
and

WHEREAS, A recent survey conducted by the Maryland
Commission for Women and the Maryland Department of
Personnel indicated that sexual harassment may be a
significant problem within State government; and

WHEREAS, In accordance with federal EEOC guidlelines,
sexual advances, requests for sexual favors, and other
verbal or physical conduct of a sexual nature
constitutes sexual harassment when:

1)  Submission to such conduct is made either
explicitly or implicitly a terra or condition of
an individual's employment,

2)  Submission to or rejection of such conduct by
an individual is used as the basis for employment
decisions affecting such individuals, or

3)  Such conduct has the purpose or effect of
substantially interfering with an individual's
work performance or creating an intimidating,
hostile, or offensive working environment; and