The Village is committed to a workplace free of harassment and/or any conduct in violation of this section. Harassment of any employee by another employee, supervisor/manager, elected or appointed official of the Village, or any other third party for any reason, including but not limited to race, color, religion, sex (including pregnancy, childbirth, and related conditions), national origin, ancestry, age, disability, military/veteran status, genetic information, order of protection status, marital status, arrest, unfavorable discharge from military service, or any other characteristic protected under Federal, State, or local law, is strictly prohibited.
A. Harassment: Examples of harassment include verbal (including improper joking or teasing) or physical conduct that denigrates or shows hostility or aversion towards an individual because of any protected characteristic, and that: 1) has the purpose or effect of creating an intimidating, hostile, or offensive working environment as defined by law; or 2) has the purpose or effect of unreasonably interfering with an individual's work performance; or 3) otherwise adversely affects an individual's employment opportunities.
B. Sexual Harassment: Examples of sexual harassment include unwelcome or unsolicited sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
1. Submission to such conduct is made, either explicitly or implicitly, a term or condition of an individual's employment; or
2. Submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting such individual; or
3. Such conduct has the purpose or effect of substantially or unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive environment.
Other examples of sexual harassment include: unwelcome sexual advances, requests for sexual favors, obscene gestures, visual harassment such as derogatory cartoons, posters and drawings, sexually explicit e-mail, texting, or voice mail and other verbal or physical conduct of a sexual nature such as uninvited touching of a sexual nature or sexually related comments. Depending upon the circumstances, prohibited conduct can also include sexual joking, vulgar or offensive conversation or jokes, commenting about an individual's physical appearance, conversation about an individual's own or someone else's sex life, teasing or other conduct directed toward a person because of his or her gender which is sufficiently severe or pervasive to create an unprofessional and hostile working environment. It may range from inappropriate sexual suggestions to coerced sexual relations. The harasser may be the individual's employer, supervisor, co-worker, or other third party.
C. Reporting Harassment:
1. In the event that any perceived harassment or inappropriate conduct based on matters protected under applicable Federal, State, or local law occurs, or other conduct interferes with any employee's work performance, employees are encouraged to report an observed incident of sexual harassment to a supervisor or department head.
2. Supervisors and department heads are required to promptly investigate, report, and resolve any reports of harassment.
3. The Village will protect the confidentiality of harassment complaints to the extent possible, within the constraints of applicable law and the need to conduct a thorough investigation.
4. Supervisors must ensure that no retaliation will result against an employee making a complaint.
D. Procedure:
1. Direct Communication And Documentation: Employees who either observe or believe they have observed harassment or any other inappropriate conduct based on matters protected under this section are encouraged to deal with the incident as directly and firmly as possible by clearly communicating to the offending employee, if possible or practical under the circumstances. The harassed employee is encouraged to directly and clearly express any objection to unwelcome conduct and request that the behavior stop. The initial message may be verbal. If subsequent messages are needed, they should be put in writing, with a copy given to a supervisor. Each incident should be documented, including what was said or done, the date, time, and place, even if not taken immediately to a supervisor. It is not necessary for sexual harassment to be directed at the person making a complaint.
2. Communication With Supervisor: In the event an employee is either not comfortable discussing directly with the offending employee, if direct communication is not possible with the offending employee, or if prior communication with the offending employee was not successful, the employee is encouraged to immediately report the matter either to: a) their department supervisor/manager; b) to any other supervisor/manager with whom the employee feels comfortable; c) to Human Resources; or d) to the Village Administrator. If an employee is unsure of with whom to raise an issue of harassment, or if an employee has not received a satisfactory response within five (5) business days after reporting any incident of what the employee perceives to be harassment, employees are encouraged to immediately contact Human Resources or the Village Administrator. If the employee complaint involves the Village Administrator, the employee may contact either the Village Attorney or the Mayor. They will see that Village Board of Trustees is made aware of the situation and that an investigation is immediately conducted. Every report of perceived harassment will be fully investigated and corrective action will be taken where appropriate.
3. No Retaliation: No person making a complaint under this section will be retaliated against, even if a report made in good faith is not substantiated. In addition, any witness will be protected from retaliation. Accordingly, no elected or appointed official of the Village, or any Village employee, supervisor, manager or agent shall take any retaliatory action against any Village employee due to the employee's:
a. Disclosure or threatened disclosure of any violation of this section;
b. The provision of information related to or testimony before any public body conducting an investigation, hearing or inquiry into any violation of this section; or
c. Assistance or participation in a proceeding to enforce the provisions of this section.
For the purposes of this section, retaliatory action means the reprimand, discharge, suspension, demotion, denial of promotion or transfer, or material and significant change in the terms or conditions of employment of any Village employee that is taken in retaliation for an employee's involvement in protected activity pursuant to this section.
E. Retaliation Protections: Similar to the prohibition against retaliation contained herein, the State Officials and Employees Ethics Act 1 also provides whistleblower protection to Village employees 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:
1. 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,
2. 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 State employee, or
3. Assists or participates in a proceeding to enforce the provisions of the State Officials and Employees Ethics Act.
Pursuant to the Whistleblower Act 2 , 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 3 .
Pursuant to the Illinois Human Rights Act 4 , it is a civil rights violation for a person, or for two (2) or more people to conspire, to retaliate against a person because he/she has opposed that which he/she reasonably and in good faith believes to be sexual harassment in employment, because he/she has made a charge, filed a complaint, testified, assisted, or participated in an investigation, proceeding, or hearing under the Illinois Human Rights Act.
F. Resolution Outside Department: The purpose of this section is to establish prompt, thorough and effective procedures for responding to every report and incident so that problems can be identified and remedied by the Village. However, an employee has the right to contact the Illinois Department of Human Rights (IDHR) or the Equal Employment Opportunity Commission about filing a formal complaint. An IDHR complaint must be filed within one hundred eighty (180) days of the alleged incident unless it is a continuing offense. A complaint with the EEOC must be filed within three hundred (300) days.
G. Consequences For Violation Of This Section: Violation of this section will result in disciplinary action, up to and including discharge for any employee who violates this section. In addition, the Village prohibits any form of retaliation by any individual against individuals who report unwelcome conduct or who cooperate in the investigation of such reports in accordance with this section and the Village will take appropriate disciplinary action for any such retaliation.
H. Consequences For Knowingly Making A False Report: A false report is a report of sexual harassment made by an accuser using the sexual harassment report to accomplish some end other than stopping sexual harassment or retaliation for reporting sexual harassment. A false report is not a report 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 section shall be subject to discipline or discharge pursuant to applicable Municipal policies, employment agreements, procedures, employee handbooks and/or collective bargaining agreements. (Ord. 2018-1, 1-9-2018)
Notes
| 1 | 1. 5 ILCS 430/15-10. |
| 2 | 2. 740 ILCS 174/15(a). |
| 3 | 3. 740 ILCS 174/15(b). |
| 4 | 4. 775 ILCS 5/6-101. |