159.03   DISCRIMINATION AND HARASSMENT PROHIBITED.
   (a)   Policy.  The City strongly disapproves and expressly prohibits any form of unlawful harassment based on race, color, religion, sex, national origin, age, disability, status as a veteran or special disabled veteran, or any other characteristic protected by applicable federal, state, or local laws.
   The City also prohibits sexual harassment of employees in any form.  It is City policy to provide an employment and business environment free of unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or communication of a sexual nature constituting sexual harassment as defined and otherwise prohibited by federal and state law.
   Specifically, no supervisor shall threaten or insinuate, either explicitly or implicitly, that an employee’s refusal to submit to sexual advances will adversely affect the employee’s employment, evaluation, wages, advancement, assigned duties, shifts, or any other condition of employment or career development.
   Other sexually harassing conduct in the workplace, whether committed by supervisors or non-supervisory personnel, is impermissible and prohibited because it creates an intimidating, hostile, or offensive working environment and/or unreasonably interferes with an individual’s work performance.  This includes, but is not limited to, any conduct of a sexual nature, including verbal conduct, touching, solicitation or the display in the workplace of sexual objects or pictures, where there has been an indication that such conduct is unwelcome.
   Any conduct, as described above, whether by supervisors or non-supervisory personnel, may result in disciplinary action, up to and including discharge.
   (b)   Guidelines.  It is policy to investigate thoroughly and remedy any known incidents of harassment.  In order to accomplish this, however, harassment must be brought to the attention of management.  Accordingly, employees who feel aggrieved because of harassment have an obligation to communicate their problem immediately.  Employees who feel comfortable doing so should directly inform the person engaging in harassing conduct that such conduct is offensive and must stop; however, employees are not required to first directly address the person who is harassing them.  The following steps should be taken by an employee who has a complaint of harassment:
      (1)   Any individual that believes that he or she has been subjected to unlawful harassment, or witnessed unlawful harassment, should promptly file a written report of that fact to the department director or the individual’s immediate supervisor/manager.  If the individual alleges harassment against the department director and the individual’s immediate supervisor/manager, the individual need not report the incident to the alleged harassers and instead, may report the incident to the City Administrator.  The written report should identify the alleged incidents of harassment, the alleged perpetrators of the harassment (if known), and any witnesses to the harassment.  The report will be kept confidential to the extent possible consistent with a thorough investigation and any remedial action required.
      (2)   Upon receipt of a report of harassment, the City will investigate the allegations.  If the City determines that an individual has violated this policy, the City will take appropriate disciplinary action, up to and including termination.
   The City encourages individuals who believe that they have been victims or witnesses of harassment to come forward and report such harassment.  The City will not take any adverse action against an individual who in good faith comes forward to report harassment, or provides assistance in an investigation, regardless of whether the allegation is substantiated.
(Ord. C79-79. Passed 12-17-79; Ord. C47-01.  Passed 8-6-01.)