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(1) The City supports fully the laws prohibiting harassment and discrimination, including harassment and/or discrimination because of sex, race, religion, color, national origin, ancestry, disability or age.
(2) It is the policy of the City not to tolerate sexual harassment or harassment of any type. Each City employee has the responsibility to maintain a work environment that is free from harassment.
(3) For the purposes of this section, "sexual harassment" includes, but is not limited to, unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature where:
A. Submission to such conduct is made, either explicitly or implicitly, a term or condition of a person's employment;
B. Submission to or rejection of such conduct is used as the basis for employment decisions affecting such individual; or
C. Such conduct has the purpose or effect of unreasonably interfering with an individual's work or creating an intimidating, hostile or offensive working environment.
(4) 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.
(5) An employee who feels that he or she has been subjected to sexual harassment is encouraged to affirmatively discourage the offender in an effort to stop the offensive behavior. Any employee found to have engaged in sexual harassment will be subject to discipline up to and including discharge. (Ord. 93-95. Passed 5-22-95.)
(b) Procedure. Sexual harassment is not to be tolerated. Any conduct which is considered inappropriate or which is considered to be of such nature that it is or can be considered to constitute sexual harassment must be reported immediately. Any employee who is aware of such conduct is required to avail himself or herself of the provisions set forth in Section 256.20(a). In the event the conduct in question involves a department head, the 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). No employee shall be subjected to adverse employment action in retaliation for any good faith report of harassment or for participating in an investigation about harassment.
(Ord. 94-95. Passed 5-22-95.)