1-12-1: STATE REGULATIONS ADOPTED:

The regulations of Public Act 100-0554 (hereinafter referred to as the "Act" in this chapter), are hereby adopted by reference and made applicable to the elected officials, officers and employees of the Village to the extent required by the Act. (Ord. 17-12-48, 12-11-2017)

1-12-2: POLICY ADOPTED:

As required by the Act, the following policy provisions set forth in this chapter are hereby adopted, and are expressly applicable to all elected officials, officers and employees of the Village. (Ord. 17-12-48, 12-11-2017)

1-12-3: PROHIBITION ON SEXUAL HARASSMENT:

It is unlawful to harass a person because of that person's sex. The courts have determined that sexual harassment is a form of discrimination under title VII of the U.S. Civil Rights Act of 1964, as amended in 1991. All persons have a right to work in an environment free from sexual harassment. Sexual harassment is unacceptable misconduct which affects individuals of all genders and sexual orientations. It is a policy of the Village of Antioch to prohibit harassment of any person by any Municipal official, Municipal agent, Municipal employee or Municipal agency or office on the basis of sex or gender. All Municipal officials, Municipal agents, Municipal employees and Municipal agencies or offices are prohibited from sexually harassing any person, regardless of any employment relationship or lack thereof. (Ord. 17-12-48, 12-11-2017)

1-12-4: DEFINITION OF SEXUAL HARASSMENT:

This chapter adopts the definition of sexual harassment as stated in the Illinois Human Rights Act, which currently defines sexual harassment as:

   A.   Any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when:

      1.   Submission to such conduct is made either explicitly or implicitly a term 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 individual, 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.

   B.   Conduct which may constitute sexual harassment includes, but is not necessarily limited to:

      1.   Verbal: Sexual innuendos, suggestive comments, insults, humor, and jokes about sex, anatomy or gender-specific traits, sexual propositions, threats, repeated requests for dates, or statements about other employees, even outside of their presence, of a sexual nature.

      2.   Non-Verbal: Suggestive or insulting sounds (whistling), leering, obscene gestures, sexually suggestive bodily gestures, "catcalls", "smacking" or "kissing" noises.

      3.   Visual: Posters, signs, pin-ups or slogans of a sexual nature, viewing pornographic material or websites.

      4.   Physical: Touching, unwelcome hugging or kissing, pinching, brushing the body, any coerced sexual act or actual assault.

      5.   Textual/Electronic: "Sexting" (electronically sending messages with sexual content, including pictures and video), the use of sexually explicit language, harassment, cyber stalking and threats via all forms of electronic communication (e-mail, text/picture/video messages, intranet/on-line postings, blogs, instant messages and social network websites like Facebook and Twitter).

The most severe and overt forms of sexual harassment are easier to determine. On the other end of the spectrum, some forms of sexual harassment are subtler and depend, to some extent, on individual perception and interpretation. The courts will assess sexual harassment by a standard of what would offend a "reasonable person". The Village administration, in enforcing this chapter will utilize that same standard. (Ord. 17-12-48, 12-11-2017)

1-12-5: PROCEDURE FOR REPORTING AN ALLEGATION OF SEXUAL HARASSMENT:

An employee who either observes sexual harassment or believes herself/himself to be the object of sexual harassment should deal with the incident(s) as directly and firmly as possible by clearly communicating her/his position to the offending employee, and her/his immediate supervisor. It is not necessary for sexual harassment to be directed at the person making the report.

However, persons wishing to make a report of sexual harassment and who are uncomfortable with reporting it within the ordinary chain of command may (for this sole purpose) ignore the chain of command and make the report with any supervisory person described in this section, and may do so anonymously. This provision is specifically intended to include, but is not limited to, instances where the alleged harasser holds a supervisory position over the reporting person.

Any employee may report conduct which is believed to be sexual harassment, including the following:

   A.   Electronic/Direct Communication: If there is sexual harassing behavior in the workplace, the harassed employee should directly and clearly express her/his objection that the conduct is unwelcome and request that the offending behavior stop. The initial message may be verbal. If subsequent messages are needed, they should be put in writing in a note or a memo.

   B.   Contact With Supervisory Personnel: At the same time direct communication is undertaken, or in the event the employee feels threatened or intimidated by the situation, the problem must be promptly reported to the immediate supervisor of the person making the report, a department head, a Director of Human Resources, an Ethics Officer, the Village Administrator, or the Mayor.

The employee experiencing what he or she believes to be sexual harassment must not assume that the employer is aware of the conduct. If there are no witnesses and the victim fails to notify a supervisor or other responsible officer, the Municipality will not be presumed to have knowledge of the harassment.

   C.   Resolution Outside Municipality: The purpose of this chapter is to establish prompt, thorough and effective procedures for responding to every report and incident so that problems can be identified and remedied by the Municipality. However, all Municipal employees have the right to contact the Illinois Department of Human Rights (IDHR) or the Equal Employment Opportunity Commission (EEOC) for information regarding filing a formal complaint with those entities. An IDHR complaint must be filed within one hundred eighty (180) days of the alleged incident(s) unless it is a continuing offense. A complaint with the EEOC must be filed within three hundred (300) days.

Documentation of any incident may be submitted with any report (what was said or done, the date, the time and the place), including, but not limited to, written records such as letters, notes, memos and telephone messages.

All allegations, including anonymous reports, will be accepted and investigated regardless of how the matter comes to the attention of the Municipality. However, because of the serious implications of sexual harassment charges and the difficulties associated with their investigation and the questions of credibility involved, the claimant's willing cooperation is a vital component of an effective inquiry and an appropriate outcome. (Ord. 17-12-48, 12-11-2017)

1-12-6: PROHIBITION ON RETALIATION FOR REPORTING SEXUAL HARASSMENT ALLEGATIONS:

   A.   No Municipal official, Municipal agent, Municipal employee or Municipal agency or office shall take any retaliatory action against any Municipal employee due to a Municipal employee's:

      1.   Disclosure or threatened disclosure of any violation of this chapter,

      2.   The provision of information related to or testimony before any public body conducting an investigation, hearing or inquiry into any violation of this chapter, or

      3.   Assistance or participation in a proceeding to enforce the provisions of this chapter.

   B.   For the purposes of this chapter, retaliatory action means the reprimand, discharge, suspension, demotion, denial of promotion or transfer, or change in the terms or conditions of employment of any Municipal employee that is taken in retaliation for a Municipal employee's involvement in protected activity pursuant to this chapter.

   C.   No individual making a report will be retaliated against even if a report made in good faith is not substantiated. In addition, any witness will be protected from retaliation.

   D.   Similar to the prohibition against retaliation contained herein, the State Officials and Employees Ethics Act 1 provides whistleblower protection from retaliatory action such as reprimand, discharge, suspension, demotion, or denial of promotion or transfer that occurs in retaliation for an employee who does any of the following:

      1.   Discloses or threatens to disclose to a supervisor or to a public body an activity, policy, or practice of any officer, member, State agency, or other State employee that the State employee reasonably believes is in violation of a law, rule, or regulation,

      2.   Provides information to or testifies before any public body conducting an investigation, hearing, or inquiry into any violation of a law, rule, or regulation by any officer, member, State agency or other State employee, or

      3.   Assists or participates in a proceeding to enforce the provisions of the State Officials and Employees Ethics Act.

   E.   Pursuant to the Whistleblower Act 2 , an employer may not retaliate against an employee who discloses information in a court, an administrative hearing, or before a legislative commission or committee, or in any other proceeding, where the employee has reasonable cause to believe that the information discloses a violation of a State or Federal law, rule, or regulation. In addition, an employer may not retaliate against an employee for disclosing information to a government or law enforcement agency, where the employee has reasonable cause to believe that the information discloses a violation of a State or Federal law, rule, or regulation 3 .

   F.   According to the Illinois Human Rights Act 4 , it is a civil rights violation for a person, or for two (2) or more people to conspire, to retaliate against a person because he/she has opposed that which he/she reasonably and in good faith believes to be sexual harassment in employment, because he/she has made a charge, filed a complaint, testified, assisted, or participated in an investigation, proceeding, or hearing under the Illinois Human Rights Act.

   G.   An employee who is suddenly transferred to a lower paying job or passed over for a promotion after filing a complaint with IDHR or EEOC, may file a retaliation charge - due within one hundred eighty (180) days (IDHR) or three hundred (300) days (EEOC) of the alleged retaliation. (Ord. 17-12-48, 12-11-2017)

 

Notes

1	1. 5 ILCS 430/15-10.
2	1. 740 ILCS 174/15(a).
3	2. 740 ILCS 174/15(b).
4	3. 775 ILCS 5/6-101.