Workplace and Online Policies

To: All Democratic Senators and Senate Democratic Caucus employees
From: Colleen M. DeFrank, Chief of Staff, Senate Democratic Caucus
Date: March 6, 2023
Re: Senate Democratic Caucus Supplemental Policy to the Senate of Pennsylvania’s Policy for the Prevention of Workplace Harassment (COMO Policy 1997:01)

Notice: This memo constitutes the updated supplemental workplace harassment policy of the Senate Democratic Caucus last issued on December 18, 2017. This update expands the existing supplemental policy to apply to non-employees interacting with Members and employees of the Senate Democratic Caucus, to include workplace harassment and discrimination occurring outside the Senate or Senate offices, and to cover all forms of sexual and all other types of workplace harassment and discrimination based on a broad list of protected classifications. Protected classifications include race, color, religion, age, sex, sexual orientation, gender, gender identity or expression, pregnancy, national or ethnic origin, ancestry, disability, genetic information, veteran or military status, or any other characteristic protected by applicable federal or state law. Finally, as indicated in this memo, this supplemental policy will be liberally construed to effectuate the purpose and provisions in the policy. If an individual is uncertain as to whether a complaint can be filed under this supplemental policy, the individual is encouraged to move forward with filing such a complaint.

Purpose: The Senate Democratic Caucus (“Caucus”) is committed to creating and maintaining a professional environment in which all employees and Members of the Caucus as well as non-employees are treated with respect and are free from sexual and all other forms of workplace harassment and discrimination based on any protected classification. Any type of sexual or other workplace harassment and discrimination based on any protected classification shall not be tolerated. Members and employees of the Caucus and non-employees should feel comfortable in the workplace and empowered to report sexual and all types of workplace harassment and discrimination.

Supplemental Policy: In order to ensure the timely, thorough and fair review of sexual and all workplace harassment and discrimination claims based on any protected classification, the following supplement to Senate of Pennsylvania Policy for the Prevention of Workplace Harassment (“COMO Policy 1997:01”), which provisions remain in effect, shall apply to all Members and employees of the Caucus and non-employees as described herein:

1) All complaints of sexual and all other workplace harassment and discrimination based on any protected classification shall be reported directly to the Senate Chief Clerk’s office. Counsel to the Chief Clerk in conjunction with outside counsel will conduct an initial inquiry. Following the initial inquiry, the Chief Clerk may, based upon reasonable belief, refer the report to an outside counsel for a formal investigation and/or further review.

2) The COMO Policy 1997:01, as well as this Caucus supplemental policy, shall be posted on the internal Caucus SharePoint website, along with a workplace harassment complaint form.

3) Each Caucus Member and employee will complete an annual mandatory course of training in the workplace rights and responsibilities applicable to Members and employees of the Caucus under the COMO Policy 1997:01 and this Caucus supplemental policy. This mandatory training shall be provided in-person or virtually and include, but is not limited to, the following subjects:

(i) The prohibition against and the prevention and correction of sexual and all other workplace harassment and discrimination in employment.
(ii) The rights of victims of sexual and all other workplace harassment and discrimination and the procedure for filing complaints.
(iii) Practical instruction aimed at training Members and employees serving in supervisory roles in the prevention of sexual and other workplace harassment, discrimination and retaliation.
(iv) Specific examples of sexual and all other workplace harassment and discrimination, as well as verbal, nonverbal and physical sexual harassment.
(v) The consequences for violations of the COMO Policy 1997:01 and this Caucus supplemental policy.
(vi) A clear statement and review of the prohibition on retaliation for the filing of any claim.
(vii) The role that every employee can play in stopping/reporting sexual and other workplace harassment and discrimination.

4) That the workplace harassment policies are intended to also apply to non-employees to the extent such behavior constitutes a violation under the COMO Policy 1997:01 and this Caucus supplemental policy. This includes conduct by:

(i) A Member of the Caucus engaging in sexual or other workplace harassment or discrimination based on a protected classification of another Member, officer or employee of the Senate or a non-employee;
(ii) An employee of the Caucus engaging in sexual or other workplace harassment or discrimination based on a protected classification of a Member, officer or another employee of the Senate, or an employee of the Caucus engaging in sexual or other workplace harassment or discrimination based on a protected classification of a non-employee while the employee is acting in an official capacity, performing services or duties of the Senate or at a Senate-sponsored event; or
(iii) A non-employee engaging in sexual or other workplace harassment or discrimination based on a protected classification of a Member or employee of the Caucus while the Member or employee is acting in an official capacity, performing services or duties of the Senate or at a Senate-sponsored event; or a non-employee, who does business or performs job duties with or at the General Assembly or a Member or employee of the Caucus, engaging in sexual or other workplace harassment or discrimination based on a protected classification of a Member or employee of the Caucus.
Sanctions that may be imposed by the Caucus include those provided by law and in the Rules of the Senate, Rules of Ethical Conduct, Article II of the Pennsylvania Constitution, the COMO Policy 1997:01 as well as prohibiting a non-employee from engaging in any business or contact with any or all Members or employees of the Caucus.

5) All reports of workplace harassment involving Members or employees of the Caucus shall be filed within five years of the alleged misconduct. This deadline does not apply to claims filed with the Pennsylvania Human Relations Commission or the Equal Employment and Opportunity Commission under state or federal employment discrimination laws – See paragraph (6).

6) This memo does not preclude or otherwise foreclose Democratic Senators and Senate Democratic Caucus employees from exercising their legal rights utilizing the procedures administered by the Pennsylvania Human Relations Commission or the Equal Employment and Opportunity Commission. Complainants should be aware that, despite the five-year deadline for claims covered under this Caucus supplemental policy, they have 180 days from the date of the alleged conduct to file a state law-based employment discrimination claim with the Pennsylvania Human Relations Commission and 180 days to file federal law claims with the Equal Employment and Opportunity Commission. However, under a current “work-sharing agreement” between the two agencies, if your federal claim is also covered under state or local law, the complainant has 300 days to file that claim in lieu of the 180-day deadline. Do not hesitate to contact either agency to ensure you file your claim within the applicable statutory time limit.

7) The Senate Democratic Caucus will maintain a practice of not initiating a settlement of a workplace harassment complaint using Senate funds available to the Caucus nor will it impose a nondisclosure agreement as a condition of initiating a report made pursuant to the COMO Policy 1997:01 or this Caucus supplemental policy. Finally, while this memo supplements the COMO Policy 1997:01 as it applies to our Caucus, we are continuing to engage with other caucuses and parties to develop a more comprehensive
and detailed workplace harassment policy, which incorporates the above points, for adoption by the full Senate.

8) No Member or employee of the Caucus shall retaliate against another employee, Member or officer of the Senate in response to any of the following actions taken in good faith:

(i) Filing:
(A) A complaint of workplace harassment under Rules of the Senate or the policies and procedures of this Caucus or an employer.
(B) A charge of discrimination relating to workplace harassment with a government agency or commission charged with enforcing laws relating to workplace harassment.
(C) A civil action relating to workplace harassment in a court of competent jurisdiction.
(D) A criminal complaint relating to workplace harassment with a law enforcement agency.
(ii) Participating in an investigation in connection with or proceedings resulting from the filing of a complaint or proceeding under subparagraph (i).

9) This Caucus supplemental policy will be liberally construed to effectuate the purpose and provisions herein. If an individual is uncertain as to whether a complaint can be filed under this supplemental policy, the individual is encouraged to move forward with filing such a complaint. Where a provision of this supplemental policy conflicts with the COMO Policy 1997:01, the provisions of this supplemental policy shall apply as it pertains to Members and employees of the Caucus and to non-employees covered in paragraph (4).

10) For purposes of this Caucus supplemental policy, the following terms shall have the following meanings:
“Discrimination.” An adverse employment action, harassment or retaliation based on a protected classification.
“Harassment” includes:

(i) Behavior which meets the definition of “workplace harassment” under the COMO Policy 1997:01; or
(ii) Unwelcome conduct based on an individual’s protected classification when:
(A) submission to the conduct is made either an explicit or implicit term or condition of employment;
(B) submission to or rejection of the conduct is used as the basis for an employment decision; or
(C) the conduct is so frequent or severe that it creates a hostile or offensive work environment.
“Protected classification.” Race, color, religion, age, sex, sexual orientation, gender, gender identity or expression, pregnancy, national or ethnic origin, ancestry, disability, genetic information, veteran or military status, or any other characteristic protected by applicable federal or state law.
“Sexual harassment.” Unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature.
“Workplace harassment.” Discrimination, sexual harassment or other harassment.

If you have any questions or would like to discuss this memo in more detail, please feel free to contact me directly.
Thank you.

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