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Minnesota Department of Transportation EEO Special Provisions
<br />Office of Civil Rights
<br />Revised 07/12
<br />APPROPRIATE WORK PLACE BEHAVIOR
<br />ON Mn/DOT CONSTRUCTION PROJECTS UTILIZING STATE FUNDS
<br />It is the Minnesota Department of Transportation's (MnDOT's) policy to provide a workplace free from violence,
<br />threats of violence, harassment and discrimination. MnDOT has established a policy of zero tolerance for violence in the
<br />workplace. Contractors who perform work on MnDOT construction projects, or local government entities or public
<br />agencies utilizing state funds on highway construction projects, shall maintain a workplace free from violence,
<br />harassment and discrimination (See definitions, below).
<br />Definitions:
<br />1. Violence is the threatened or actual use of force which results in or has a high likelihood of causing fear, injury,
<br />suffering or death. Employees are prohibited from taking reprisal against anyone who reports a violent act or
<br />threat.
<br />2. Harassment is the conduct of one employee (toward another employee) which has the purpose or effect of 1)
<br />unreasonably interfering with the employee's work performance, and/or 2) creating an intimidating, hostile or
<br />offensive work environment. Harassment is not legitimate job -related efforts of supervisor to direct/evaluate an
<br />employee or to have an employee improve work performance.
<br />A. Unlawful discriminatory harassment is harassment which is based on these characteristics: race,
<br />color, creed, religion, national origin, sex, disability, age, marital status, status with regard to public
<br />assistance or sexual orientation. Managers, supervisors and employees shall not take disciplinary or
<br />retaliatory action against employees who make complaints of sexual harassment.
<br />Sexual harassment is unwelcome sexual advances, requests for sexual favors, or sexually
<br />motivated physical contact, or other verbal or physical conduct or communication of a sexual
<br />nature, when submission to that conduct or communication is 1) made a term or condition,
<br />either explicitly or implicitly, of obtaining employment; or 2) is used as a factor in decisions
<br />affecting an individual's employment; or 3) when that conduct or communication has the
<br />purpose or effect of substantially interfering with an individual's employment or creating an
<br />intimidating, hostile or offensive work environment, and the employer knows or should have
<br />known of the existence of the harassment and fails to take timely and appropriate action.
<br />Examples include but are not limited to insulting or degrading sexual remarks or conduct;
<br />threats, demands or suggestions that status is contingent upon toleration or acquiescence to
<br />sexual advances; displaying in the workplace sexually suggestive objects, publications or
<br />pictures, or retaliation against employees for complaining about the behavior cited above or
<br />similar behaviors.
<br />B. General harassment is harassment which is not based on the above characteristics. Examples may
<br />include, but are not limited to: physically intimidating behavior and/or threats of violence; use of
<br />profanity (swearing), vulgarity; ridiculing, taunting, belittling or humiliating another person;
<br />inappropriate assignments of work or benefits; derogatory name calling.
<br />3. Discrimination includes actions which cause a person, solely because of race, color, creed, religion, national
<br />origin, sex, disability, age, marital status, status with regard to public assistance or sexual orientation to be subject
<br />to unequal treatment.
<br />Prime Contractors who work on MnDOT projects shall ensure that their managers, supervisors, foremen/women and
<br />employees are familiar with MnDOT's policy on appropriate work place behavior; and shall ensure that their
<br />subcontractors are familiar with this policy. Managers, supervisors and foremen/women will respond to, document, and
<br />take appropriate action in response to all reports of violence, threats of violence, harassment or discrimination. Failure
<br />to comply with this policy may result in cancellation, termination or suspension of contracts or subcontracts currently
<br />held and debarment from further such contracts or subcontracts as provided by statute. If you need additional
<br />information or training regarding this policy, please contact the Office of Civil Rights at (651) 366-3073.
<br />EEO Page 5
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