For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Capitalized terms that are not defined in this subchapter, shall have the meaning assigned to them in Title I of this code.
ADA. The Americans with Disabilities Act, as may be amended, repealed, or replaced from time to time.
AT-WILL EMPLOYMENT. The form of employment for any city employee, as described in applicable state and federal case law, statutes, and regulations. Notwithstanding anything to the contrary contained in such state and federal case law, statutes, and regulations, for the purposes of this code, AT-WILL EMPLOYMENT means that any employee may voluntarily leave employment or may be terminated from their employment by the city at any time with or without cause.
DEPARTMENT HEAD. As the context provides, the appointed official selected to administer any department of the city.
DIRECT THREAT. A significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation. Benefits provided to disabled individuals who are qualified to perform the work must be consistent with the benefits provided to other employees. Any individual who believes he or she has received treatment inconsistent with the policies set forth above, or any other requirement of ADA, may file a complaint with the executive officer or his or her designee.
DISCRIMINATION. Includes, but is not limited to, any or all of the following actions:
(1) Hiring based upon race, color, religion, national origin, sex, age, marital status, sexual orientation, or non-job-related handicaps;
(2) Promotions based upon race, color, religion, national origin, sex, age, marital status, sexual orientation, or non-job-related handicaps;
(3) Pay increases based upon race, color, religion, national origin, sex, age, marital status, sexual orientation, or non-job-related handicaps;
(4) Conduct that denigrates or shows hostility or aversion towards an individual because of his or her race, color, religion, national origin, sexual orientation, gender, age, or disability;
(5) Making derogatory ethnic or racial statements, or belittling one’s religion or religious practices;
(6) Perpetuating stereotypes about one’s age, gender, and the like;
(7) Refusing to assist an employee or victim/patient because of their race, gender, and the like; and
(8) Ridiculing the sexual orientation of an employee or their associates.
IMMEDIATE FAMILY. Parents, spouses, or stepparents; children, including stepchildren; siblings (including half-siblings), including stepsiblings; nieces; nephews; aunts; uncles; grandparents; grandchildren; grand-stepchildren; mothers-in-law; fathers-in-law; daughters-in-law; sons-in-law; other corresponding in-laws; or other members of the employee’s household whether blood-relative or not.
PHYSICAL HARASSMENT. To knowingly and intentionally cause or inflict physical pain to a fellow employee.
POLICY MANUAL. Collectively, the policies and procedures set forth under this chapter which shall be entitled the “City of Greenfield Policy and Procedure Manual”.
SAFETY SENSITIVE POSITION. Any position required to operate a motor vehicle having a gross vehicle weight rating in excess of 26,000 pounds, or any position requiring the operation of a motor vehicle used to transport hazardous materials in a quantity that requires the vehicle to be placarded regardless of its size.
SEXUAL HARASSMENT. Includes, but is not limited to, unwanted, uninvited, or offensive touching; displaying sexually suggestive or explicit material, pictures, or cartoons; telling sexually suggestive or explicit stories or jokes; making sexually suggestive or explicit gestures, unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature where:
(1) Submission to such conduct is either an expressed or implied term or condition of employment;
(2) Submission to or rejection of such conduct is used as a basis for an employment decision affecting the harassed person; and/or
(3) The purpose or the effect of such conduct is to interfere with the affected individual’s job performance, or to create an intimidating, hostile, or offensive work environment.
VERBAL ABUSE. To disturb or persistently irritate through repeated attacks on fellow employees and/or supervisors so as to disrupt their work or reputations.