(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
EMPLOYEE. Any full-time, part-time, or contractual employee of the village.
OFFICER. Any elected or appointed official of the village, regardless of whether the official is compensated.
SEXUAL HARASSMENT. Has the same meaning as set forth in P.A. 100-554, namely any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when: submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or 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. For purposes of this definition, the phrase WORKING ENVIRONMENT is not limited to a physical location an employee is assigned to perform his or her duties and does not require an employment relationship.
(B) No officer or employee of the village shall:
(1) Engage in sexual harassment;
(2) Retaliate against any person for reporting sexual harassment allegations, either to the village pursuant to this section, under the Whistleblower Act, or under the Human Rights Act; or
(3) Knowingly make a false report of sexual harassment.
(C) (1) Officers and employees of the village who wish to make a report of sexual harassment may do so verbally or in writing (memorandum, letter, or e-mail), or both, to a supervisor, to the Village President, or the Village Ethics Officer. Reports of sexual harassment made to a supervisor, the Village President, or to the Village Ethics Officer shall be referred to the Village Attorney, who will advise the village as to potential appropriate courses of action.
(2) Officers and employees of the village may also, and in the alternative, report sexual harassment to the state’s Department of Human Rights. Information as to how to report sexual harassment to the state’s Department of Human Rights is found on its website, https://www.illinois. gov/dhr.
(D) Subject any collective bargaining agreements to which the village may become a party, sexual harassment in violation of this section shall constitute just cause for discipline of an employee up to and including discharge, irrespective of and in addition to any penalties to which the violator may be subject in some judicial or administrative forum for violation of state law. In the case of appointed officers, engaging in sexual harassment in violation of this section may constitute cause for removal from office.
(Ord. 17-15, passed 12-5-2017) Penalty, see § 1-1-99