(A) Statement of policy.
(1) It is the policy of the City that all employees engage in the highest possible professional standards and that all persons be treated fairly, civilly and with respect. To this end, the City will not tolerate or condone discrimination or harassment on the basis of race, color, religion, sex, gender, gender-identity, gender-expression, sexual orientation, genetic information, national origin, age, physical or menial disability, pregnancy, childbirth (or common conditions related thereto) ancestry, marital status, military status, arrest record, unfavorable discharge from military service, order of protection status, citizenship status, or any other classification prohibited under federal or state law. Sexual misconduct is also prohibited.
(2) The City will neither tolerate nor condone discrimination, harassment or sexual misconduct by employees, managers, supervisors, elected officials, co-workers, or non-employees with whom the City has a business, service, or professional relationship. EMPLOYEE for purposes of this policy includes any individual performing services for the City, a contractor, a consultant, an apprentice, an applicant for apprenticeship, an unpaid intern or volunteers. Retaliation against an employee who complains about or reports any act of discrimination, harassment or misconduct in violation of this policy is prohibited. Retaliation against any employee who participates in an investigation pursuant to this policy is likewise prohibited. The City is committed to ensuring and providing a workplace free of discrimination, harassment, sexual misconduct and retaliation. The City will take disciplinary action, up to and including termination, against an employee who violates this policy.
(B) Definition of sexual harassment. This policy adopts the definition of sexual harassment as stated in the Illinois Human Rights Act, which currently defines sexual harassment as:
(1) Any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature 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 affecting such individual, or
(c) 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.
(2) Conduct which may constitute sexual harassment includes:
(a) 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.
(b) Non-verbal: suggestive or insulting sounds (whistling), leering, obscene gestures, sexually suggestive bodily gestures, "catcalls", "smacking" or "kissing" noises.
(c) Visual: posters, signs, pin-ups or slogans of a sexual nature, viewing pornographic material or websites.
(d) Physical: touching, unwelcome hugging or kissing, pinching, brushing the body, any coerced sexual act or actual assault.
(e) 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).
(3) The most severe and overt forms of sexual harassment are easier to determine. On the other end of the spectrum, some sexual harassment is more subtle and depends, to some extent, on individual perception and interpretation.
(C) Responsibilities.
(1) Supervisors. Each supervisor shall be responsible for ensuring compliance with this policy, including the following:
(a) Monitoring the workplace environment for signs of discrimination, harassment or sexual misconduct;
(b) Immediately notifying law enforcement where there is reasonable belief that the observed or complained of conduct violates the criminal laws of the State of Illinois;
(c) Immediately addressing any observed acts of discrimination, harassment or sexual misconduct and taking steps to intervene when appropriate, whether or not the involved employees are within their line of supervision;
(d) Immediately reporting any complaint of harassment, discrimination or sexual misconduct to their department head; and
(e) Take immediate action to limit the work contact between the individuals when there has been a complaint of discrimination, harassment or sexual misconduct, pending investigation.
(2) Employees. Each employee is responsible for assisting in the prevention of discrimination, harassment and sexual misconduct through the following acts:
(a) Refrain from participation in, or encouragement of, actions that could be perceived as discrimination, harassment or sexual misconduct.
(b) Immediately reporting any violations of this policy to a supervisor and law enforcement (if appropriate under the circumstances). Employees are obligated to report violations of this policy as soon as they occur. An employee should not wait until the conduct becomes unbearable before reporting the prohibited conduct. All employees are obligated to report instances of prohibited conduct, even if the conduct is merely observed and directed toward another individual, and even if the other person does not appear to be bothered or offended by the conduct. All employees are obligated to report instances of prohibited conduct regardless of the identity of the alleged offender (e.g. man, woman, supervisor, elected official, co-worker, volunteer, vendor, and/or member of the public.)
(c) Encouraging any employee who confides that they are the victim of conduct in violation of this policy to report these acts to a supervisor.
Failure to report known discrimination, harassment or sexual misconduct may be grounds for discipline.
(D) Procedure for reporting an allegation of sexual harassment.
(1) An employee who either observes sexual harassment or believes themselves to be the object of sexual harassment should, if they feel safe doing so, deal with the incident(s) as directly and firmly as possible by clearly communicating their position to the offending employee and their immediate supervisor. If the employee is a union member, it may be reported to their union representative as well. It is not necessary for sexual harassment to be directed at the person making the report. The employee experiencing what they believe 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.
(2) Any employee may report conduct, which is believed to be sexual harassment, in any of the following ways:
(a) Electronic/direct communication. If there is sexual harassing behavior in the workplace, the harassed employee should, if they feel safe doing so, 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 (unless that person is the harasser/offender) and/or to any of the following: a department head, the city administrator, or the Mayor.
(c) Resolution outside municipality. The purpose of this policy is to establish prompt, thorough and effective procedures for responding to every report and incident so that problems can he 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 300 days of the alleged incident(s) unless it is a continuing offense. A complaint with the EEOC must be filed within 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.
Supervisors shall immediately report any conduct that may violate this policy of which they become aware of to their department head who will in turn report to the Mayor. The Mayor will advise the City Council of all such complaints.
(E) Reporting and independent review of an allegation of sexual harassment for elected officials.
(1) An elected official who either observes another elected official engage in sexual harassment or believes themselves to be the object of sexual harassment by another elected official may report such conduct for independent review to the City Attorney. If the City Attorney believes a conflict exists which prevents her or him from conducting an independent review, the City Attorney must notify the City of such conflict. Upon receiving notification of the conflict, the City Council shall authorize the engagement of outside legal counsel to conduct the review.
(2) The City Attorney or outside legal counsel shall conduct an independent review of the allegations and provide any findings to the corporate authorities of the City. Any documents, communications or other records created pursuant to the review shall remain confidential, subject to attorney-client privilege, and will not be disclosed unless such disclosure is authorized by resolution with the concurrence of a majority of all members then holding office on the City Council, including the Mayor, or as otherwise required by applicable local, state or federal law.
(3) Such records shall also be presumed as exempt from disclosure under the Freedom of Information Act, to the extent it is applicable.
(F) Investigation procedures.
(1) All reported violations of this policy will be investigated. The investigation will be conducted thoroughly and promptly. It may include interviews with the person making the complaint; the person against whom the complaint is made, any potential witnesses identified by either person, as well as with others whom the City believes may have relevant information. Employees are expected to cooperate in this process. The investigation may also include review of pertinent documents and other materials. In most circumstances, the person making the complaint will be requested to put their complaint in writing, honestly setting forth full particulars (such as the date, time, location, presence of any witnesses, etc.) to ensure that all possible violations of this policy are properly investigated.
(2) The investigation will be conducted in a manner that protects the confidentiality of those involved to the extent reasonably possible. Employees involved in an investigation may be instructed to or instructed not to discuss the investigation with other employees depending upon the specific circumstances of the investigation. The City will use the criteria set forth in rulings of the National Labor Relations Board in making these determinations.
(3) This complaint procedure is a critical part of the City's efforts to eliminate unlawful workplace harassment. A request not to investigate a reported violation of this policy cannot be honored.
(4) The results of the investigation shall be reported to the Mayor and the City Council along with a prevention analysis.
(G) Prohibition on retaliation for reporting sexual harassment allegations.
(1) No municipal official, supervisor or employee or any municipal agency or office shall take any retaliatory action against any municipal employee due to a municipal employee's or any other person/resident's:
(a) Disclosure or threatened disclosure of any violation of this policy,
(b) The provision of information related to or testimony before any public body conducting an investigation, hearing or inquiry into any violation of this policy, or
(c) Assistance or participation in a proceeding to enforce the provisions of this policy.
(2) For the purposes of this policy, 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 policy.
(3) 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.
(4) Similar to the prohibition against retaliation contained herein, the State Officials and Employees Ethics Act (5 ILCS 430/15-10) 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:
(a) 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,
(b) 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 slate employee, or
(c) Assists or participates in a proceeding to enforce the provisions of the State Officials and Employees Ethics Act.
(5) Pursuant to the Whistleblower Act (740 ILCS 174/15(a)), 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. (740 ILCS 174/15(b)).
(6) According to the Illinois Human Rights Act (775 ILCS 5/6-101), it is a civil rights violation for a person, or for two or more people to conspire, to retaliate against a person because they have opposed that which they reasonably and in good faith believe to be sexual harassment in employment, because they have made a charge, filed a complaint, testified, assisted, or participated in an investigation, proceeding, or hearing under the Illinois Human Rights Act.
(7) 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 300 days of the alleged retaliation.
(H) Consequences of a violation or the prohibition on discrimination, harassment or sexual misconduct.
(1) Where harassment, discrimination or sexual misconduct has been found to have occurred, the City will lake is prompt and proportionate disciplinary action, up to and including discharge, based on the behavior(s) at issue and the severity of the infraction. This disciplinary action may, but need not necessarily, include:
(a) Verbal or written reprimand;
(b) Placing the offending employee on a corrective action plan for a period of time to be identified;
(c) Delay in pay increases or promotions;
(d) Suspending the offending employee from work without pay;
(e) Demotion; or
(f) Immediate termination.
(2) In addition to any and all other disciplinary action that may be taken by the City, any person who violates this policy or the prohibition on sexual harassment contained in 5 ILCS 430/5-65, may be subject to a fine of up to $5,000 per offense, applicable discipline or discharge by the municipality and any applicable fines and penalties established pursuant to local ordinance, state law or federal law. Each violation may constitute a separate offense. Any discipline imposed by the municipality shall be separate and distinct from any penalty imposed by an ethics commission and any fines or penalties imposed by a court of law or a state or federal agency.
(3) Upon completion of the investigation, the City will advise the complaining employee of the results of the investigation, including action taken, if any, against the offending individual.
(I) Consequences for knowingly making a false report.
(1) A false report is a report of discrimination, harassment or sexual misconduct made by an accuser using the report to accomplish some end other than stopping the discrimination, harassment or sexual misconduct. A false report is a report not made in good faith, which cannot be proven. Given the seriousness of the consequences for the accused, a false or frivolous report is a severe offense that can itself result in disciplinary action. Any person who intentionally makes a false report alleging a violation of any provision of this policy shall be subject to discipline or discharge pursuant to applicable municipal policies, employment agreements, procedures, employee handbooks and/or collective bargaining agreements.
(2) In addition, any person who intentionally makes a false report alleging a violation of any provision of the State Officials and Employees Ethics Act to an ethics commission, an inspector general, the State Police, a state's attorney, the Attorney General, or any other law enforcement official is guilty of a Class A misdemeanor. An ethics commission may levy an administrative fine of up to $5,000 against any person who intentionally makes a false, frivolous or bad faith allegation.
(J) Additional resources. If you have any questions concerning the City's policies on this matter, please see your supervisor or the City Attorney. Further information may also be obtained from the Illinois Department of Human Rights, 312-814-6200, or the Equal Employment Opportunity Commission (EEOC), 800-669-4000 or for matters involving the abuse of minors the Illinois Department of Children and Family Services (DCFS), 800-25-ABUSE.
(Ord. 19-05, passed 2-15-2019; Ord. 20-04, passed 1-28-2020)