(a) Sexual harassment is a form of unlawful employment discrimination under Title VII of the Civil Rights Act of 1964 and is prohibited under the City of Geneva's anti-harassment policy. According to the Equal Employment Opportunity Commission (EEOC), sexual harassment is defined as "unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when submission to or rejection of such conduct is used as the basis for employment decisions ... or such conduct has the purpose or effect of creating an intimidating, hostile or offensive working environment."
(1) The City strictly prohibits sexual harassment of its employees in the workplace by any person or in any form. This policy is consistent with the guidelines on sexual discrimination issued by the Equal Employment Opportunity Commission.
(2) Specifically, it is both illegal and against the policies of the City for any employee, male or female, to sexually harass another employee by making unwelcome sexual flirtations, advances or propositions or by creating an intimidating, hostile or offensive working environment through verbal abuse or physical conduct of a sexual nature. Furthermore, no supervisor shall threaten or insinuate, either explicitly or implicitly, that an employee's refusal to submit to sexual advances will adversely affect that employee's employment, evaluation, compensation, advancement, assigned duties, shifts or any other condition of employment or career development.
(3) After appropriate investigation, any supervisor or other employee who has been found to have sexually harassed another employee or job applicant will be subject to appropriate disciplinary action, consistent with the provisions contained in this manual, up to and including termination.
(4) The City also recognizes that false accusations of sexual harassment can have serious effects on innocent personnel. The City trusts that all employees will act responsibly to establish a pleasant working environment, free of discrimination and harassment.
(5) No hardship, loss, benefit or penalty may be imposed on an employee in response to:
A. Filing or responding to a bona fide complaint of discrimination or harassment.
B. Appearing as a witness in the investigation of a complaint.
C. Serving as an investigator of a complaint.
(b) Lodging a bona fide complaint will in no way be used against the employee or have an adverse impact on the individual's employment status. However, filing groundless or malicious complaints is an abuse of this policy and will be treated as a violation.
(c) Any person who is found to have violated this aspect of the policy will be subject to discipline up to and including termination of employment.
(d) Confidentiality. All complaints and investigations are treated confidentially to the extent possible, and information is disclosed strictly on a need-to-know basis. The identity of the complainant is usually revealed to the parties involved during the investigation, and the HR Director will take adequate steps to ensure that the complainant is protected from retaliation during and after the investigation. All information pertaining to a complaint or investigation under this policy will be maintained in secure files within the HR Department.
(e) Complaint Procedure. City of Geneva has established the following procedure for lodging a complaint of harassment, discrimination or retaliation. The company will treat all aspects of the procedure confidentially to the extent reasonably possible.
(1) Complaints should be submitted as soon as possible after an incident has occurred, preferably in writing. The HR Director may assist the complainant in completing a written statement or, in the event an employee refuses to provide information in writing, the HR Director will dictate the verbal complaint.
(2) Upon receiving a complaint or being advised by a supervisor or manager that violation of this policy may be occurring, the HR Director will notify senior management and review the complaint with the company's legal counsel.
(3) The HR Director will initiate an investigation to determine whether there is a reasonable basis for believing that the alleged violation of this policy occurred.
(4) If necessary, the complainant and the respondent will be separated during the course of the investigation, either through internal transfer or administrative leave.
(5) During the investigation, the HR Director, together with legal counsel or other management employees, will interview the complainant, the respondent and any witnesses to determine whether the alleged conduct occurred.
(6) Upon conclusion of an investigation, the HR Director or other person conducting the investigation will submit a written report of his or her findings to the company. If it is determined that a violation of this policy has occurred, the HR Director will recommend appropriate disciplinary action. The appropriate action will depend on the following factors:
A. The severity, frequency and pervasiveness of the conduct;
B. Prior complaints made by the complainant;
C. Prior complaints made against the respondent; and
D. The quality of the evidence (e.g., firsthand knowledge, credible corroboration).
If the investigation is inconclusive or if it is determined that there has been no violation of policy but potentially problematic conduct may have occurred, the HR Director may recommend appropriate preventive action.
(7) The City Manager will review the investigative report and any statements submitted by the complainant or respondent, discuss results of the investigation with the HR Director and other management staff as appropriate, and decide what action, if any, will be taken.
(8) Once a final decision is made by the City Manager, the HR Director will meet with the complainant and the respondent separately and notify them of the findings of the investigation. If disciplinary action is to be taken, the respondent will be informed of the nature of the discipline and how it will be executed.
(Ord. 2453. Passed 4-10-95; Ord. 3263. Passed 11-25-19.)