Article 7 — HARASSMENT OF EMPLOYEES

The purpose of this article is to prevent city employees from being subjected to discrimination and harassment, and to ensure equal employment opportunities in conformance with Title VII of the Civil Rights Act of 1964 and the Fair Employment and Housing Act.

(Ord. 97-4 §1(part), 1997).

The city is committed to creating and maintaining a work environment that is free from all forms of unlawful discrimination and intimidation, including sexual harassment. The city will take appropriate preventative, corrective and/or disciplinary action in response to behavior that violates this article or the rights and privileges it is designed to protect.

(Ord. 97-4 §1(part), 1997).

A.

"Discrimination" means any act or omission which would create a hostile work environment for, or exclude any person from, employment or promotional opportunities because of sex, sexual orientation, race, color, ancestry, religious creed, national origin, physical disability, mental disability, medical condition, age or marital status.

B.

"Harassment" means unwelcome derogatory comments, slurs, jokes, pictures, cartoons or posters, or actions which reasonably result in an employee being offended or insulted because of a protected status as enumerated in subsection A of this section.

C.

"Sexual harassment" means unwelcome sexual advances, requests for sexual favors or other verbal, visual or physical conduct of a sexual nature when:

Submission to such conduct is explicitly or implicitly made a term or condition of employment;

Submission to or rejection of such conduct by an employee is used as the basis for employment decisions affecting the employee; or

Conduct that reasonably has the purpose or effect of interfering with an employee's work performance or creating an intimidating, hostile, or offensive work environment.

D.

Unlawful harassment does not include the following:

Acts or omissions based on bona fide occupational qualifications.

Bona fide requests or demands by a supervisor that an employee improve his/her work quality or output, that the employee report to the job site on time, that the employee comply with city or departmental rules or regulations, or any other appropriate work related communications between supervisor and employee.

(Ord. 97-4 §1(part), 1997).

A.

Each department director is responsible for ensuring that the work environment is free from all types of unlawful discrimination, including harassment. Supervisors are responsible for taking prompt and appropriate action within their work units to avoid and minimize the incidence of discrimination. Individual employees may be held responsible and personally liable for discriminatory acts, including harassment, and shall be educated by their supervisors as to what constitutes unlawful discrimination and harassment.

B.

Because of differences in individual values, supervisors may find it difficult to recognize that their behavior or the behavior of others is discriminatory or constitutes harassment. Given the nature of discrimination and harassment, false or mistaken accusations of discrimination and harassment could have negative effects on the careers of innocent employees. It is therefore imperative that supervisors and management act responsibly in the handling of such situations and make determinations on allegations of discrimination and/or harassment based upon all available facts.

C.

Supervisors receiving information regarding violations of this article shall determine if there is a substantial basis for the allegations and shall proceed with resolution as provided in Section 4.08.490 of this chapter.

D.

City personnel made aware of any allegation of discrimination/harassment shall notify the department director of the allegations within twenty-four hours.

(Ord. 97-4 §1(part), 1997).

A.

Methods of Resolution.

Informal Resolution. Whenever possible, employees who believe that they are experiencing unlawful discrimination and/or harassment are encouraged to inform the individual that his/her behavior is unwelcome, offensive, unprofessional or highly inappropriate. If this does not resolve the concern or if the employee feels uncomfortable, threatened, or has difficulty expressing his/her concern, informal assistance or counseling should be sought from a supervisor, or the department director.

Formal Investigation. Upon being notified of any complaint which has not been satisfactorily resolved through the informal means described above, the department director shall initiate a formal investigation after consultation with the personnel officer.

a.

The personnel officer shall cause an investigation to be made of all aspects of the complaint. The investigative authority shall include access to records and cooperation of all employees involved. No influence will be used to suppress any complaint, and (except as herein provided) no employee will be subject to retaliation or reprisal for filing a complaint.

b.

Formal investigation of the complaint will be confidential and will include, but not be limited to details of the specific incident, frequency and dates of occurrences and names of any witnesses.

Optional Resolution. Employees who believe they have been discriminated against or harassed because of their protected status may, without following the departmental chain of command, file a complaint directly with the department director, city manager or director of personnel, or city council.

B.

Disposition of Complaints.

Confirmed Complaints. If the complaint is substantiated, this policy (article) prohibiting discrimination/harassment will be reviewed by the offender, and appropriate disciplinary action, counseling and/or training will be taken pursuant to departmental and city procedures.

Not Sustained Complaints. If a complaint of discrimination/harassment is not substantiated, the person filing the complaint will be counseled regarding the potential impact of a false accusation on his/her career and the career of the accused. The accused shall be notified that the complaint was not substantiated. Both parties will be cautioned as to the sensitivity of the situation.

Unfounded Complaints. If it is determined that an act reported pursuant to this article did not in fact occur, or did occur but was lawful and proper within the guidelines established herein, a finding of unfounded shall be made.

a.

Should it be determined that the reporting party filed the complaint through a mistake of fact, the employee shall be counseled/trained.

b.

Should it be determined that the reporting party filed the complaint knowing that it was false or frivolous at the time of the complaint, the employee shall be subject to appropriate discipline.

Documentation. All complaints or allegations shall be documented. All reports shall be maintained for a minimum of five years.

(Ord. 97-4 §1(part), 1997).