A. Prohibition of Discrimination and Sexual Harassment.
1. The city is committed to a policy of equal employment opportunity for applicants and employees. Decisions regarding employment, promotional opportunities, benefits, discipline, and other terms and conditions of employment shall comply with state and federal laws prohibiting discrimination in employment.
2. The city does not tolerate discrimination based on an individual's race, color, sex, marital status, sexual orientation, religion, age, national origin, mental or physical disability or serious medical condition. The city reasonably accommodates job applicants and employees with disabilities. Violations of this policy shall subject an employee to disciplinary action up to and including dismissal.
B. Harassment is a Form of Discrimination. The term harassment includes unwarranted discipline, slurs, jokes, other offensive remarks based on an individual's race, color, sex, religion, age, national origin, mental or physical disability or serious medical condition and is a form of discrimination.
C. Sexual Harassment. The Equal Employment Opportunity Commission has adopted guidelines which state that unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute "sexual harassment" when:
1. Submission to the conduct is an explicit or implicit term or condition of an individual's employment;
2. The submission to or rejection of the conduct by an individual is the basis for any employment decision affecting that individual; or
3. The conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. A hostile work environment may be one where inappropriate touching occurs, crude or vulgar language is used, jokes of a sexual nature are told, comments are made that demean an individual based on gender, unwelcome nicknames, such as honey or babe are used, or photographs, calendars, magazines, books, etc. of nude or partially nude individuals are disseminated.
D. Discrimination and Sexual Harassment Complaint Procedure. Any employee who feels that she or he has been the subject of discrimination or sexual harassment by anyone, including nonemployees, should follow the procedure in bringing the matter to the city's attention:
1. The employee should promptly bring the matter to the attention of the city manager. If the complaint is against the city manager, the matter should be promptly reported to the mayor. This report may be oral or written;
2. The mayor or city manager shall advise the person who allegedly engaged in the discrimination or sexual harassment of the charge, and the mayor or city manager shall cause an investigation to be done promptly and impartially. The complaint and investigation shall be kept as confidential as possible;
3. After the investigation, the mayor or city manager shall notify the parties of the results;
4. If a determination is made that discrimination or sexual harassment has occurred, appropriate disciplinary action, which may include discharge, shall be taken. The severity of the discipline shall be determined by the degree and/or frequency of the offense;
5. Employees who bring a complaint of discrimination or sexual harassment to the attention of the mayor or city manager, or those who assist another in bringing such a complaint shall not be retaliated against;
6. Nothing in these procedures prohibits the employee from filing a complaint directly with the Federal Equal Employment Opportunity office or the New Mexico Human Rights Division. These avenues should be used when the employee feels that the employee cannot obtain appropriate relief within the steps as explained above. However, employees are encouraged to seek consultation with the mayor or city manager before filing a formal complaint of discrimination or sexual harassment with an administrative agency. (Ord. 435 § 6.5,2001)