(a) Policy Statement. The City offers equal employment opportunities to all of their employees regardless of race, color, religion, sex, national origin, age, disability or status as a disabled or Vietnam veteran in compliance with federal, state and local laws. This policy is applicable to all terms and conditions of employment which include hiring, training, placement, promotion, layoff, termination, recall, transfer, leaves of absence and compensation.
(b) Zero-Tolerance for Harassment. The City has implemented a policy of “zero- tolerance” for unlawful employee harassment. Harassment based on race, color, religion, sex, national origin, age, disability, veteran status or any other group protected by state or local laws will not be tolerated. Actions that interfere with an employee’s ability to perform their job functions will not be tolerated.
Harassment based on sex violates Title VII of the Civil Rights Act of 1964. There are two types of sexual harassment. Quid pro quo occurs when a supervisor or manager makes employment benefits conditional based on submission to sexual advances. Hostile work environment occurs when a superior, co-worker or even a non-employee creates a sexually offensive environment.
It is the policy of the City that the following behavior is prohibited:
(1) Unwelcome sexual advances, requests for sexual favors, and all other verbal or physical conduct of a sexual or otherwise offensive nature, especially where:
A. Submission to such conduct is made either explicitly or implicitly a term or condition of employment;
B. Submission to or rejection of such conduct is used as the basis for decisions affecting an individual’s employment; or
C. Such conduct has the purpose or effect of creating an intimidating, hostile, or offensive working environment.
(2) Offensive comments, jokes, innuendo’s, and other statements of a sexual nature which are pervasive in the work environment.
(3) Some examples of sexual harassment are:
A. Making sexually suggestive statements or comments;
B. Telling off-color jokes;
C. Hanging sexually explicit pictures, jokes, calendars or posters;
D. Touching, fondling or stroking in a sexually suggestive manner;
E. Standing or speaking too close;
F. Sending unwanted, sexually suggestive correspondence;
G. Repeatedly asking for a date;
H. Asking for sexual favors in exchange for employment benefits.
(c) Procedure for Filing Complaints. If any City employee experiences harassment that is job-related based on race, color, religion, sex, national origin, age, or disability or if any employee believes that they have been subject to unlawful, discriminatory treatment, the incident should be promptly reported to their supervisor. In the event the supervisor is the harasser, the employee should report the incident to another party such as the Safety Director or Law Director. All incidences of harassment by supervisors, co-workers or non-employees should be reported even if the incidences occurs during non-working hours or off the work premises.
The City takes claims of harassment and discrimination very seriously. Consequently, the formal chain of command need not be adhered to when reporting incidences. All complaints will be handled in a timely manner and kept confidential as much as possible.
If the City finds that the accused is guilty of harassing another individual, proper disciplinary action will be taken up to and including employment termination.
The City does not allow retaliation of any type against the employee making the complaint. However, false claims by an employee will not be tolerated and disciplinary action will be taken against any individual making such a claim.
(Ord. 2003-56. Passed 6-24-03.)