Note: This rule or regulation is for internal use only, and does not enlarge an employee’s civil or criminal liability in any way. It should not be construed as the creation of a higher standard of safety or care in an evidentiary sense, with respect to third party claims. Violations of this directive, if proven, can only form the basis of a complaint by the Village, and then only in a non-judicial administrative setting.
(a) Policy. The Village’s policy is to provide a professional, businesslike work environment free from all forms of employee discrimination including incidents of sexual harassment. NO employee shall be subjected to unsolicited and unwelcome sexual overtures or conduct either verbal or physical. Sexual harassment will be treated as misconduct and appropriate disciplinary action will be taken. The Village will have zero tolerance for any form of employee sexual harassment.
(b) Purpose. To establish Village policy concerning allegations of sexual harassment, define the term, and describe reporting procedures.
(c) Definitions. Per Title VII of the Civil Rights Act of 1964, sexual harassment is defined as the deliberate or repeated behavior of a sexual nature by one employee to another that is unwelcome, unasked for, or rebuked by the other employee. Examples of sexual harassment include, but are not limited to, the following:
(1) Sexual comments of a provocative or suggestive nature.
(2) Jokes or innuendos intended for and directed to another employee.
(3) Leaving sexually explicit books, magazines, photographs where employees will find them.
(4) Unwelcome demeaning comments, ridicule, offensive language, propositions or other similar actions.
(5) Unwanted, unwarranted, unsolicited off-duty telephone calls and contact.
(6) Signed or anonymous unwelcome notes or drawings placed on or in desks, bulletin boards, or lockers.
(7) Deliberately singly out employees in front of co-workers and subjecting them to demeaning or derogatory remarks.
(8) Creating an intimidating, hostile, or offensive working environment.
(9) Making acceptance of unwelcome sexual conduct or advances or requests for sexual favors of any nature a condition of continued employment.
(10) Transferring, demoting, or dismissing employees who refuse sexual advances.
(d) Procedures.
(1) An employee who believes he or she has been sexually harassed shall submit a memorandum to the department head, detailing the circumstances.
(2) Employees shall report all allegations of sexual harassment within three days (if possible).
(3) If the situation warrants, the department head shall report such allegations to the Mayor without delay.
A. The department head shall immediately take action to limit the concerned employees from any further work contact.
B. The department head will conduct an immediate investigation into the allegation.
(4) If the allegation involves the department head, the complainant shall present the allegation without delay to the Mayor or the Village Solicitor. (Ord. 2827-00. Passed 2-16-00.)