(a) Discrimination and Harassment Prohibited. The City expressly prohibits any form of unlawful discrimination or harassment based on race, color, religion, sex, national origin, age, disability, military status, status as a veteran or special disabled veteran, ancestry, familial status, pregnancy, sexual orientation, gender identity, or gender expression or any other characteristic protected by applicable federal, state, or local laws.
(b) Policy. In compliance with Title VII of the Civil Rights Act of 1964 as amended, and Ohio Revised Code 4112.01 et seq., it is the policy of the City:
(1) To provide equality of opportunity in employment with the City for all persons.
(2) To carry out all programs and activities in such a manner that no person shall, on the grounds of race, color, religion, sex, national origin, age, disability, military status, status as a veteran or special disabled veteran, ancestry, familial status, pregnancy, sexual orientation, gender identity, or gender expression be excluded from participation in, be denied the benefits of, or be subjected to discrimination or harassment with respect to such programs or activities.
(c) Sexual Harassment. 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 or based on one’s sex 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 harassing conduct based on one’s sex or gender or 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.
(d) Guidelines-Reporting and Investigation. It is policy to investigate thoroughly and remedy any known incidents of discrimination and harassment. In order to accomplish this, however, harassment and discrimination must be brought to the attention of management. Accordingly, employees who feel aggrieved because of harassment or discrimination have an obligation to communicate their problem immediately. Employees who feel comfortable doing so should directly inform the person engaging in harassing or discriminatory conduct that such conduct is offensive and must stop; however, employees are not required to first directly address the person who is harassing or discriminating against them. The following steps should be taken by an employee who has a complaint of harassment or discrimination:
(1) Any individual that believes that he or she has been subjected to unlawful harassment or discrimination, or witnessed unlawful harassment or discrimination, 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 or discrimination against the department director and the individual’s immediate supervisor/manager, the individual need not report the incident to the alleged harassers or discriminators and instead, may report the incident to the City Administrator or Human Resource Coordinator. The written report should identify the alleged incidents of harassment and/or discrimination, the alleged perpetrators of the harassment and/or discrimination (if known), and any witnesses to the harassment and/or discrimination. 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 and/or discrimination, 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 and/or discrimination to come forward and report such harassment and/or discrimination. The City will not take any adverse action against an individual who in good faith comes forward to report harassment or discrimination, or provides assistance in an investigation, regardless of whether the allegation is substantiated. The City prohibits retaliation in all forms.
(Ord. C10-09. Passed 2-17-09; Ord. C15-18. Passed 3-20-18; Ord. C20-22. Passed 4-4-22.)