(a) Harassment Prohibited.
(1) Village of Edgar officials and employees are responsible for maintaining high standards of honesty, integrity, impartiality, and professional and courteous conduct to assure proper performance of Village business and to maintain the confidence of the public. The Village of Edgar is committed to providing a positive and respectful work environment that is free of discrimination and unlawful or inappropriate harassment.
(2) Actions, words, jokes, comments or other harassment or discrimination based on gender, color, ancestry, physical or mental disability, marital or family status, actual or perceived race, ethnicity, national origin, creed, religion, age, arrest or conviction record, honesty testing, pregnancy or childbirth, sexual preference or orientation, gender identity or preference, genetic testing, military service membership or veteran status, or political preferences or beliefs, or any other legally protected characteristic are a form of official employee misconduct and shall not be tolerated. Prohibited harassment includes gender-based harassment by a person of the same sex.
(3) This Section is applicable to officials when acting in their official capacity or as otherwise engaged in Village-related work or activities as an official with the Village.
(4) It is also expressly prohibited for an official or employee to retaliate against another employee(s) or citizen who files a harassment complaint or who assists in investigating allegations. Retaliation is a violation of this Section and may result in discipline up to and including termination in the case of an employee or other sanctions or actions under this Section in the case of an official. No employee will be discriminated against, or discharged, because of bringing or assisting in the investigation of a complaint of harassment, including, but not limited to, sexual harassment. This prohibition against retaliation is not limited to the person who makes the formal complaint, but is equally applicable to witnesses, others involved in the complaint investigation, and those associated with the complainant, such as a spouse or domestic partner.
(5) Included in the scope of prohibited retaliation are retaliatory adverse employment actions such as discharge. Also prohibited are material changes to the terms and conditions of employment made in response to a complaint; examples would include a change of assignments, ostracism by other employees/officials, or making negative remarks about the complainant in the community. Even if a complaint is found to lack legal merit, retaliation is prohibited.
(6) The conduct underlying a complaint can occur not only in the workplace but also at municipal-sponsored and social events or away from the workplace. [Example: An employee pursuing a romantic relationship with a co-worker by repeatedly calling him/her at home.]
(7) Harassment via email, text messages and/or social media are within the scope of prohibited conduct under this Section. A post on an employee's private social media page could fall within this policy if of a harassing or retaliatory nature directed against a co-worker.
(b) Sexual Harassment. Sexual harassment, both overt and/or subtle, is demeaning to another person, undermines the integrity of the workplace and employment relationship, and is strictly prohibited. Sexual harassment is a specific form of official or employee misconduct which undermines the integrity of the workplace and employment relationship. All Village of Edgar officials and employees must be able to work in an environment free from unsolicited and unwelcome sexual overtones or threats.
(c) Definitions.
(1) Harassment.
Under Title VII of the Civil Rights Act of 1964, harassment generally rs:
a. Unwelcome verbal or physical conduct or other acts;
b. Engaged in because of the recipient's protected class status when:
1. Submission to the conduct is a condition of employment or benefits ("quid pro quo"), or
2. The conduct unreasonably interferes with the recipient's work or can reasonably be seen to create a hostile, intimidating, or offensive environment ("hostile environment").
c. Harrassment can include, regardless of whether the recepient is part of a protected class:
1. Verbal or physical abuse.
2. Epithets, name-calling, slurs.
3. Threats.
4. Demands that an official or employee engage in actions or practices contrary to state law or local ordinances, or which are contrary to proper decisions of the governing body.
5. Vulgar, obscene or derogatory language.
6. Mimicry.
7. Lewd or offensive gestures or pranks.
8. Offensive jokes.
9. Offensive, threatening or hostile comments directed at an employee or official, and also including emails, telephone messages, and other electronic communications, including through the use of social media.
(2) Sexual Harassment.
A situation where an official or employee experiences unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature under any of these conditions:
a. Submission by the employee to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; or
b. Submission to or rejection of such conduct by an employee is used as the basis for employment decisions affecting the employee; 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 Examples.
Such prohibited behavior can be verbal, nonverbal or physical in nature. Examples of sexual harassment could include, but not be limited to, the following:
a. Sexual advances.
b. Requests for sexual favors.
c. Sexual comments of a provocative or suggestive nature;
d. Jokes or innuendos intended for and directed to another employee;
e. Suggestive or demeaning looks or leering;
f. Creating an intimidating, hostile or offensive working environment;
g. Making acceptance of unwelcome sexual conduct or advances or requests for sexual favors of any nature a condition of employment or continued employment;
h. Unsolicited gestures of a sexual nature and verbal or written comments;
i. Unwelcome verbal or physical conduct of a sexual nature (e.g., touching, rubbing, or intentional brushing against another);
j. Conduct by a supervisor who uses implicit coercive sexual behavior to control, influence or affect the career, salary, job or working conditions of a fellow employee.
k. Display of offensive or graphic pictures, cartoons, jokes, photos.
I. Unwelcome social invitations.
m. Sexually charged emails or texts.
n. Implicitly or explicitly making or permitting acquiescence in or submission to sexual harassment a term or condition of employment.
o. Making or permitting acquiscence in, submission to or rejection of sexual harassment the basis or any part of the basis for any employment decision affecting an employee, other than an employment decision that is disciplinary action against an employee for engaging in sexual harassment in violation of this paragraph; or
p. Permitting sexual harassment to have the purpose or effect of substantially interfering with an official's or employee's work performance or of creating an intimidating, hostile or offense work environment. Substantial interference with an official's or employee's work performance or creation of an intimidating, hostile or offensive work environment is established when the conduct is such that a reasonable person under the same circumstances as the official or employee would consider the conduct sufficiently severe or pervasive to intefere substantially with the person's work performance or to create an intimidating, hostile or offensive work environment.
(d) Reporting of Harassment or Discrimination.
(1) Any employee or official who believes he or she has been subjected to, or witnesses, an incident of prohibited harassment or discrimination must report the incident to the Village Administrator-Clerk-Treasurer. If the Village Administrator-Clerk-Treasurer is unavailable or the employee believes it would be inappropriate to contact that person, the employee shall immediately contact the Village President, as appropriate. Supervisors who become aware of prohibited harassment or discrimination shall promptly bring the matter to the attention of the Village Administrator-Clerk-Treasurer or Village President, as appropriate. Village employees may raise concerns and make reports without fear of reprisal, as any form of retaliation shall not be tolerated by the Village of Edgar.
(2) Complaint procedures herein are not limited to employees and officials who have experienced harassment - employees and officials who witness inappropriate conduct may file a complaint under this Section.
(3) Employees and officials can report harassing conduct that is not unlawful. For example, a stray inappropriate comment or incident still does not mean such conduct will be tolerated in the workplace.
(4) After appropriate investigation, any official or employee found to have engaged in prohibited harassment or discrimination shall be subject to appropriate discipline and sanctions. Depending upon all the circumstances, such sanctions could include termination of employment in the case of an employee. In the case of an official, penalties may include an official censure by the governing body and/or removal or reassignment from serving on Village committees or commissions.
(5) The Village recognizes that the question of whether a particular action or incident is purely a personal, social matter without discriminatory effect requires a factual determination based on the facts. The Village also recognizes that false accusations of prohibited harassment or discrimination can have serious adverse effects. The Village expects all employees to act honestly and responsibly in complying with and enforcing this policy. It is a primary goal of the Village to maintain a pleasant working environment free of harassment or discrimination for all employees and officials.
(6) Any employee with questions or concerns regarding this policy or any suspected harassment or discrimination in the workplace to contact the Village President or Village Administrator-Clerk-Treasurer.