The village shall uphold all laws related to sexual harassment.
(A) Definition. SEXUAL HARASSMENT means any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when:
(1) Submission to such conduct is made either explicitly or implicitly a term or condition of an individuals employment;
(2) Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
(3) 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.
(B) Examples of sexual harassment.
(1) Sexual harassment may involve individuals of the same or different gender.
(2) Sexual harassment is most frequently associated with those situations in which a power differential exists between persons involved; however, it also may occur between individuals of the same status. Such conduct, whether intended or not, constitutes sexual harassment and is illegal under both state and federal law. Violations of this policy will not be permitted.
(3) Examples of conduct which may, if continued or repeated, constitute sexual harassment are:
(a) Unnecessary touching, patting, hugging, or brushing against a person’s body;
(b) Staring, ogling, leering, or whistling;
(c) Sexually explicit statements, comments, questions, jokes, or anecdotes;
(d) Graphic comments about a person’s clothing or body;
(e) Sexually suggestive objects or pictures in the work place;
(f) Harassing use of the electronic mail or telephone communication system; and/or
(g) Other physical or verbal conduct of a sexual nature.
(C) Procedure for the resolution of sexual harassment complaints.
(1) The village encourages anyone who feels that he, she, or they has been a victim of sexual harassment to report such incidents to the Mayor or Village Board member.
(2) Complainants are urged to report sexual harassment incidents as soon as possible, since a delay in reporting may make it difficult to gather appropriate information and documentation.
(3) It is not necessary for sexual harassment to be directed at the person making the complaint.
(4) The following steps may also be taken:
(a) Document or record each incident (what was said or done, the date, the time, and the place). Documentation can be strengthened by written records such as letters, notes, memos and telephone messages;
(b) Complaints will be kept in confidence to the extent practicable and appropriate under the circumstances.
(c) The Mayor with approval of the Board shall appoint a Committee of at least three people, one of which shall be the attorney for the village. The role of the Committee will be to hear and consider testimony and other relevant reliable evidence, to make findings of fact, to determine whether the village’s policy on sexual harassment has been violated, and if so, to recommend appropriate relief and disciplinary action(s). A copy of the written decision shall be promptly furnished to the employee making the complaint.
(d) The employee will be able to have a representative present at any discussion between the employee and the Village Board or Committee.
(D) Filing written complaints. The employee making the complaint may elect to file a written complaint with the state’s Department of Human Rights or the state’s Human Rights Commission. The alternative complaint avenues are available if the employee would prefer to use them instead of the internal procedures:
(1) The state’s Department of Human Rights 312-814-4294; and/or
(2) The state’s Human Rights Commission 217-785-4350.
(E) Protections. The employee is protected by the Illinois Human Rights Act (775 ILCS 5/6-101) from retaliation because he, she, or they or she has opposed that which he, she, or they reasonably and in good faith believes to be unlawful sexual harassment in employment or because he, she, or they has made a charge, filed a complaint, testified, assisted, or participated in an investigation under this act.
(Ord. 2005-07, passed 12-20-2005) Penalty, see § 10.99