(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) 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, such as business trips, business-related meetings, conferences, and employee-related social events. Behavior that constitutes sexual harassment includes, but is not limited to:
(1) Deliberate, repeated, or unsolicited verbal comments, gestures, or physical actions of a sexual nature toward another employee.
(2) Approval, recommendation, or a refusal to take any personnel action with respect to an employee or applicant because of:
(a) The employee's or applicant's rejection of sexual advances, demands, favors, or sexual activity; or
(b) The employee's or applicant's reporting of a sexual advance or demand for sexual activity.
(3) Explicit or implicit promises of preferential treatment regarding an individual's employment status in return for sexual favors or sexual activity.
(4) 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.
(5) Repeated sexual jokes, flirtations, advances, or propositions.
(6) Graphic verbal commentary about an individual's body, sexual prowess, or sexual deficiencies.
(7) Leering; whistling; touching; pinching; assault; coerced sexual acts; or suggestive, insulting, or obscene comments or gestures.
(8) 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 they have been subjected to sexual or nonsexual harassment should report the incident promptly to one of the following: their immediate supervisor, department director, the City Clerk, the City Attorney, Mayor, City Commissioner, 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 shall be reviewed and investigated regardless of when the alleged misconduct occurred.
(1) All reports of sexual or nonsexual harassment shall be reduced to writing by the reporting employee or by the person receiving the report. Employees may use the Complaint Form (HR Form Eleven) for this purpose. The report shall 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 shall inform the City Commission of the 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 City Commission and/or one, or more, members of the management staff designated by the City Commission 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 City Commission will create a written report and/or a written update of the action taken by the City Commission as a result of the finding. If the investigation results in a finding that harassment did not occur, the City Commission shall create a written report of the decision.
(4) As provided under the Protection Against Retaliation for City Employees Policy in § 37.065 of this chapter, 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 or retaliated against an employee who makes a report shall 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 appropriate sanctions, including discharge.
(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.
(Ord. 5-11-2023-A, passed 6-8-2023)