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(a) It is the policy of the City of Lyndhurst to investigate thoroughly and remedy any known incidents of harassment. In order to accomplish this, however, instances of harassment must be brought to the attention of management., Accordingly, the employee who feels aggrieved because of harassment has an obligation to communicate the problem immediately. The following steps should be followed by an employee who has a complaint of harassment:
(1) Employees who feel comfortable doing so should directly inform the person engaging in the harassing conduct that such conduct is offensive and must stop.
(2) An employee who believes he or she has been harassed shall report the incident (in writing) either to their supervisor, to the harasser's supervisor, or to the Department Head.
(3) Employees who feel they have been harassed by anyone with supervisory authority, or any employee who feels that their complaints of harassment have not been remedied, shall contact the Mayor.
(4) If the complaint cannot be forwarded to any of the individuals set forth above, then it may be forwarded to the Director of Law or to the Vice Mayor.
(b) Interviews and/or hearings into the alleged misconduct will be conducted.
A full report of findings will be given to the Mayor for final determination. In the case that the Mayor is accused of the harassment, the report will be given to the Law Director or Vice Mayor. A thorough investigation can take several weeks in some cases. An employee may at any time ask the person to whom he or she reported the incident about the status of the investigation. Regardless of the method selected for resolving the problems, the initiation of a complaint of harassment will not cause any reflection on the complaining employee, nor will it affect that employee's employment, evaluation, wages, advancement, assigned duties, shifts, or any other condition of employment or career development.
(c) If it is determined that harassment has occurred, appropriate disciplinary action, up to and including discharge, will be taken.
To the extent possible, every reasonable attempt will be made to maintain confidentiality during the course of an investigation into a charge of harassment.
If an employee has any questions about this policy, he or she should contact the Mayor for additional information. If the employee has other questions or concerns about discrimination of harassment, the employee may contact the local office of the Ohio Civil Rights Commission or the United States Equal Employment Opportunity Commission.
Information obtained during the investigation will be kept as confidential as practicable, although confidentiality cannot be guaranteed. If the investigation reveals the complaint is valid, prompt attention and disciplinary action designed to stop the harassment and prevent its recurrence will be taken.
All employees are required to cooperate in any investigation of a harassment complaint.
(Ord. 2007-18. Passed 3-5-07.)
Although legitimate complaints made in good faith are strongly encouraged, false complaints or complaints made in bad faith will not be tolerated. Failure to prove discrimination or sexual harassment will not constitute a false complaint without further evidence of bad faith. False complaints are considered a violation of this policy and an employee who makes a false complaint may be subject to discipline, up to and including discharge.
(Ord. 2007-18. Passed 3- 5-07.)
(Ord. 2007-18. Passed 3- 5-07.)
The City, its supervisors and employees, shall not in any way retaliate against an individual for filing a complaint, reporting instances of alleged discrimination or harassment, or participating in an investigation. Retaliation is a serious violation of the sexual harassment and anti- discrimination policy. Any employee who feels that he or she is subjected to retaliatory conduct as a result of actions taken under this policy shall report such conduct to the appropriate individual immediately, as outlined above. Any person found to have retaliated against an individual for reporting discrimination or sexual harassment will be subject to the same disciplinary action provided for offenders of the sexual harassment and anti-discrimination policy. (Ord. 2007-18. Passed 3-5-07.)
Discrimination and sexual harassment will not be tolerated. Disciplinary action will follow a violation and will be reflective of the seriousness of the violation. If the investigation establishes that the accused employee engaged in discrimination or sexual harassment, discipline, up to and including removal, will be administered. Offenders will be disciplined without regard to their position or job performance.
All employees of the City have a responsibility to become familiar with this policy, to assist in its enforcement and to abide by its terms. Any employee who has knowledge of sexually harassing conduct, and who allows that conduct to go unaddressed, may be subject to discipline. (Ord. 2007-18. Passed 3-5-07.)