(A) Sexual and nonsexual harassment of any kind is absolutely prohibited and will not be tolerated. Sexual and nonsexual harassment negatively affects morale, motivation and job performance. It is inappropriate, offensive and illegal.
(B) (1) Sexual harassment on the job is employment discrimination within the meaning of Title VII of the Federal Civil Rights Act of 1964 and KRS Chapter 344. In general, SEXUAL HARASSMENT means any unwelcome or offensive sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature. Sexual harassment can come from a supervisor, fellow employee or a person other than an employee who has contact with the city employees. Sexual harassment is unacceptable and is prohibited at work and in work-related settings.
(2) Behavior that constitutes sexual harassment includes, but is not limited to:
(a) Deliberate, repeated or unsolicited verbal comments, gestures or physical actions of a sexual nature toward another person;
(b) Approval, recommendation or a refusal to take any personnel action with respect to an employee or applicant because of:
1. The employee’s or applicant’s rejection of sexual advances, demands, favors or sexual activity; and
2. The employee’s or applicant’s reporting of a sexual advance or demand for sexual activity.
(c) Explicit or implicit promises of preferential treatment regarding an individual’s employment status in return for sexual favors or sexual activity;
(d) Exercise or attempted exercise of the power or authority of one’s position to control, influence or affect the career, salary, job or other employment conditions of an employee or applicant in exchange for sexual favors;
(e) Repeated sexual jokes, flirtations, advances or propositions;
(f) Graphic verbal commentary about an individual’s body, sexual prowess or sexual deficiencies;
(g) Leering, whistling, touching, pinching, assaulting or coercing sexual acts;
(h) Suggestive, insulting or obscene comments or gestures; and
(i) The display in the workplace of sexually suggestive objects, pictures or reading material.
(C) Any conduct that is intimidating or hostile and interferes with an employee’s work performance is prohibited and will not be tolerated. This includes harassment because of an individual’s race, religion, color, national origin, sex, sexual orientation, genetic makeup, gender identity or expression, pregnancy, childbirth, pregnancy/childbirth-related medical conditions, age, disability, veteran or family status or because the employee is a smoker or nonsmoker.
(D) Any employee who believes he or she has been subjected to sexual or nonsexual harassment should report the incident promptly to one of the following: his or her supervisor, the City Clerk, the City Attorney, the Mayor or any other supervisor with whom the employee feels comfortable discussing the matter. Employees are encouraged to make prompt reports of the incident to ensure a timely response and for remedial measures to be implemented, if necessary. However, all reports of sexual and nonsexual harassment will be reviewed and investigated regardless of when the alleged misconduct occurred.
(1) All reports of sexual or nonsexual harassment will be reduced to writing by the reporting employee or by the person receiving the report. Employees may use the Complaint Form (HR Form 10) in Appendix A for this purpose. The report will be signed by the complaining employee or the person receiving the report. All reports will be kept confidential to the extent feasible and appropriate under the circumstances. The City Clerk will inform the Mayor of receipt of the complaint.
(2) All reports of sexual and nonsexual harassment will be promptly investigated following the receipt of an incident report. The report will be investigated by the Mayor and/or one or more members of the management staff designated by the Mayor and the City Attorney. The results of the investigation will be communicated to the complainant and to the alleged offender. Any employee found to have engaged in misconduct constituting sexual or nonsexual harassment will be disciplined up to and including dismissal. In addition, the city may take other steps to correct and prevent future incidents from occurring.
(3) If the investigation results in a finding that any form of harassment has occurred in the city workplace, the Mayor will create a written report and/or a written update of the action taken by the Mayor as a result of the finding. If the investigation results in a finding that harassment did not occur, the Mayor will create a written report of the decision.
(4) As provided under the protection against retaliation for city employees policy in § 36.065, an employee making a report under this policy will not be discriminated against or be subject to retaliation in any way for having made the report. If an employee suffers any discrimination or retaliation for making a report, the employee should immediately alert a member of management. Any person found to have discriminated against or retaliated against an employee who makes a report will be subject to disciplinary action up to and including dismissal.
(E) The city recognizes that the question of whether a particular course of conduct constitutes sexual or nonsexual harassment requires a factual determination. The city also recognizes that false accusations of sexual or nonsexual harassment can have serious effects on innocent parties. If an investigation results in a finding that a person who has accused another of sexual or nonsexual harassment has maliciously or recklessly made a false accusation, the accuser will be subject to disciplinary action.
(F) Training in sexual and nonsexual harassment will be provided by the city.
(G) Nothing in this policy should be construed as eliminating any employee’s rights under Title VII of the Civil Rights Act of 1964, as amended, or under KRS Chapter 344 or as conferring enforceable legal rights beyond those existing under applicable law.