(a) Policy. The City is committed to providing a working environment free from discrimination, and to prohibit harassment of its employees and applicants, including harassment and/or discrimination because of gender/sex, gender identity or expression, sexual preference, race, religion, color, national origin/ancestry, disability, military status, or age. Anyone violating this policy is subject to discipline, up to and including termination.
(b) Sexual Harassment. It is the policy of the City not to tolerate sexual harassment of any type. Each City employee has the responsibility to maintain a work environment that is free from sexual harassment.
(1) For the purposes of this section, “sexual harassment” includes, but is not limited to, any unwelcome or unwanted sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature from someone in the workplace that creates discomfort and/or interferes with an employee’s job.
(2) Conduct constitutes harassment when:
A. Submission to such conduct is made, either explicitly or implicitly, a term or condition of an individual’s employment;
B. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions and/or retaliation; or
C. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.
(3) Sexual harassment may take many forms, including:
A. Verbal conduct, such as epithets, derogatory comments or slurs, or unwanted sexual advances, invitations, or comments;
B. Visual conduct, such as derogatory posters, cartoons, drawings, or gestures;
C. Physical conduct, such as assault, blocking normal movement or interference with work because of sex;
D. Threats or demands to submit to sexual requests in order to maintain employment or avoid some other loss, and offers of job benefits in return for sexual favors; and/or
E. Retaliation for having reported harassment.
(c) Other Forms of Harassment or Discrimination. It is the policy of the City to prevent discrimination and harassment of any kind. Each City employee has the responsibility to maintain a work environment that is free from discrimination and harassment.
(1) Discrimination occurs when an employment action is taken based on the employee or applicants’ status as a member of a protected class. There are two forms of discrimination:
A. Disparate treatment. Disparate treatment occurs when an employer intentionally treats an employee differently because of their protected class.
B. Disparate impact. Disparate impact occurs when an employment policy, although neutral on its face, adversely impacts persons in a protected class.
(2) Harassment occurs when it is directed at an individual based on their inclusion in a protected class. Harassment can be verbal and/or physical and can include name calling, slurs, jokes, gestures, leering, stalking, grabbing, and/or assault. This is not an exhaustive list of all harassing behaviors. Harassment is unlawful where:
A. Enduring the offensive conduct becomes a condition of continued employment (quid pro quo); or
B. The conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile or abusive (hostile work environment).
(d) Procedure.
(1) Any employee who feels that they have been subjected to harassment or discrimination is encouraged to affirmatively discourage the offender in an effort to stop the offensive behavior and may report the conduct to the affected employee’s department head.
(2) Any employee who feels that they have been subjected to sexual harassment must immediately report any incident to that employee’s department head in accordance with the provisions set forth in Section 256.20(a).
(3) Any employee who is aware of harassing or discriminatory conduct affecting another employee is encouraged to report such conduct to the department head of such affected employee.
(4) In the event the conduct in question involves a department head, the affected employee or one reporting such behavior directed towards the affected employee shall proceed as set forth in Section 256.20(b) and contact the Mayor in written form. The process shall go forward as otherwise provided by Section 256.20 if the issue is not resolved pursuant to Section 256.20(a) or (b).
(e) Anti-retaliation. No employee shall be subjected to adverse employment action in retaliation for any good faith report of harassment or discrimination or for participating in an investigation about harassment or discrimination.
(Ord. 21-147. Passed 12-13-21.)