(a) Sexual harassment is a form of misconduct which undermines the integrity of the employment relationship. Sexual harassment, either physical or verbal, is a violation of Section 703 of Title VII of the Civil Rights Act of 1964, as amended. The intent of this policy is to clarify the City’s position in matters relating to compliance, discovery, and remedy. Nothing in the policy shall be construed to abrogate an employee’s right to seek relief with the Equal Employment Opportunity Commission. Any discipline administered under this policy shall conform to the procedures of the appropriate labor agreement of the Policy and Procedures Manual.
(b) It is the intent of the City of Hubbard, Ohio to maintain a work place which is free of sexual harassment from any source, either supervisors or co-workers, and to discourage any instance of malicious accusation.
(c) Sexual harassment is any repeated or unwanted verbal or sexual advance, sexually explicit derogatory remark, or statement made by someone in the work place which is offensive or objectionable to the recipient, or which causes the recipient discomfort or humiliation, or which interferes with job performance, and which can be reasonably determined to constitute unlawful behavior. Examples of conditions which constitute harassment on the basis of sex include:
(1) Submission to sexual conduct is made either explicitly or implied as a term or condition of employment; or
(2) Submission to or rejection of sexual conduct by an individual is used as a basis for employment decisions affecting such individual; or
(3) Sexual conduct has the purpose or effect of substantially interfering with work performance or creating an intimidating, hostile or offensive working environment.
(d) Sexual conduct includes but is not limited to:
(1) Sex-oriented comments or statements.
(2) Subtle pressure for sexual activity.
(3) Physical contact such as patting, pinching or constant brushing against the body of another.
(4) Demands for sexual favors accompanied by implied or overt promises of preferential treatment or threats concerning an individual’s employment status.
(5) Any offensive conduct with sexual overtones.
(e) It is the responsibility of the employee to be certain beyond a reasonable doubt that harassment exists and is clearly directly toward the person objecting. Whenever possible, witnesses or other substantiating information should be provided.
(f) Advise the offending individual that the conduct in question is offensive and request that it be discontinued immediately.
(g) If the offending conduct continues or recurs, an official complaint should be placed with the employee’s supervisor or the department head, who shall be responsible for immediately reporting the incident to the Mayor, Service Director, and/or Safety Director. In the event the employee does not wish to discuss the matter with the Supervisor or Department Head or either/both are involved in the complaint, the employee may file a complaint directly with the Mayor, Service Director, and/or Safety Director.
(h) It is the responsibility of the City of Hubbard, Ohio.
(i) The Mayor, Service Director, and/or Safety Director will take immediate action to investigate any and all complaints received to determine the facts pertinent to the complaint.
(j) Following the investigation of the complaint, the Mayor, Service Director, and/or Safety Director shall review the facts and results of the investigation with other appropriate management personnel, who shall decide upon the validity of the complaint, and determine how the complaint should be resolved.
(k) If it is determined that an employee has engaged in harassment, the City will take immediate and appropriate remedial action, the nature of which will depend upon the severity of the determined offense.
(l) After an investigation and determination of the merits of any complaint filed with the Mayor, Service Director and/or Safety Director, that individual will meet with the complainant to discuss the results of the investigation. Any employee involved in a sexual harassment complaint will be afforded the opportunity to submit a written statement of his/her position for the complaint file and/or his/her personnel file.
(m) Any employee found to have engaged in retaliation against another employee who has filed a complaint under this procedure or retaliation against any employee for assisting in the investigation of any complaint will be subject to immediate disciplinary action up to, and including, discharge.
(n) The same conditions and rule apply to sexual harassment of a citizen by an employee. (Ord. 17-05. Passed 6-6-05.)