(A) (1) Sexual and other unlawful harassment is a violation of Title VII of the Civil Rights Act of 1964 (Title VII), as amended, as well as many state laws. Harassment based on a characteristic protected by law, such as race, color, ancestry, national origin, gender, sex, sexual orientation, gender identity, marital status, religion, age, disability, veteran status, or other characteristic protected by state or federal law, is prohibited.
(2) This policy applies to all individuals that the Town of Monon interacts with. The town is committed to providing a work environment that is free of any type of discrimination or unlawful harassment. The town prohibits any form of harassment and will take corrective action against offenders, including discipline or discharge.
(B) Definition of unlawful harassment.
(1) UNLAWFUL HARASSMENT is conduct that has the purpose or effect of creating an intimidating, hostile, or offensive work environment; has the purpose or effect of substantially and unreasonably interfering with an individual's work performance; or otherwise adversely affects an individual's employment opportunities because of the individual's membership in a protected class.
(2) Unlawful harassment includes, but is not limited to, epithets; slurs; jokes; pranks; innuendo; comments; written or graphic material; stereotyping; or other threatening, hostile, or intimidating acts based on race, color, ancestry, national origin, gender, sex, sexual orientation, marital status, religion, age, disability, veteran status, or other characteristic protected by state or federal law.
(C) Definition of sexual harassment/hostile work environment. Any request for sexual favors and/or any other verbal or physical conduct of a sexual nature between employees in the workplace, or job-related contacts with citizens or persons outside town employment, constitute sexual harassment and are prohibited, such as:
(1) Unwelcome sexual advances.
(2) Physical or verbal conduct of a sexual nature, or joking, that is sex-oriented and considered unacceptable by another individual. Examples of conduct of a sexual nature include: flirtations, advances or propositions, verbal abuse of a sexual nature, leering, touching, pinching, assault, or coerced sexual acts, or suggestive, insulting; obscene comments or gestures; written, photo, cartoon, or electronic displays in the workplace of sexually suggestive objects or pictures. This includes commenting about an individual's body or appearance where such comments go beyond mere courtesy, telling "dirty jokes" that are clearly unwanted and considered offensive by others, or any other tasteless sexually-oriented comments or actions that offend others.
(3) Any verbal or non-verbal communication expressing or implying that participation in sexual contact is a condition of employment, promotion or preferential treatment.
(4) Printed or electronic display or transmission of sexually-explicit images, messages and cartoons is not allowed. Other violations include, but are not limited to, ethnic slurs, racial comments, jokes, or anything that may be construed as harassment or showing disrespect for others.
(5) Conduct with sexual implication that has the purpose or the effect of interfering with work performance or creating an intimidating, hostile, or offensive work environment is considered sexual harassment.
(6) All behavior described above is unacceptable in the workplace itself and in other work-related settings such as business trips and business-related social events.
(D) Reporting a complaint.
(1) Complaints should be directed to the department head and/or a "confidential" written letter to the Clerk-Treasurer.
(2) While the town encourages individuals who believe they are being harassed to firmly and promptly notify the offender that his/her behavior is unwelcome, the town also recognizes that power and status disparities between an alleged harasser and a target may make such a confrontation impossible. If such informal, direct communication between individuals is either ineffective or impossible, the following steps should be followed in reporting a harassment complaint.
(3) To take corrective action, the town must be aware of harassment or related retaliation. Therefore, any employee who experiences harassment should contact his/her department head immediately. If unresolved, or in the event the harassment is alleged against the department head, the employee is advised to obtain and submit a harassment complaint form to the Clerk-Treasurer. The best time to register a complaint is immediately after the act occurs. An employee's job will not, in any way, be threatened by truthfully reporting any acts of unlawful harassment as described above.
(4) Any department head who has witnessed or becomes aware of an alleged occurrence of unlawful harassment or retaliation or receives a complaint of harassment involving a person within that department head's purview is required to take prompt corrective action and to report the incident to the Clerk-Treasurer. Failure of a department head to immediately take corrective action or to report the incident to the Clerk-Treasurer shall constitute misconduct subject to disciplinary action.
(5) In order to prove a hostile work environment, the employee must demonstrate that:
(a) They were subjected to unlawful harassment that was severe or pervasive enough that a reasonable person would consider the workplace intimidating, hostile, or abusive;
(b) The harassment was based on a protected class;
(c) The harassment affected a term, condition, or privilege of employment;
(d) The employer knew or should have known of the harassment and failed to take prompt remedial action; or
(e) The employee acted reasonable under the circumstance.
(E) Description of misconduct. An accurate record of objectionable behavior or misconduct is needed to resolve a formal complaint of harassment.
(1) Verbal reports of unlawful harassment must be recorded in written form either by the complainant or the individual(s) designated to receive complaints and be signed by the complainant. Individuals who believe they have been or currently are being harassed should maintain a record of objectionable conduct to effectively prepare and corroborate their allegations.
(2) While the town encourages individuals to keep written notes to accurately record offensive conduct or behavior, it must be recognized that, if a lawsuit develops from the reported incident, the confidentiality of the complainant's written notes may not be recognized under Indiana law and the notes may have to be disclosed.
(3) Department heads and the Clerk-Treasurer have copies of the town harassment complaint form. Employees are directed to obtain, complete, and submit this form to initiate a formal complaint.
(F) Time frame for reporting complaints.
(1) The town encourages prompt reporting of complaints so that rapid response and appropriate action may be taken. However, due to the sensitivity of these problems and because of the emotional toll such misconduct may have on an individual, no limited time frame will be instituted for reporting sexual harassment complaints.
(2) Late reporting of complaints will not in and of itself preclude the town from taking remedial action.
(G) Protection against retaliation.
(1) The town will not in any way retaliate against individuals who report unlawful harassment or against anyone who participates in a resulting investigation, nor permit any department head or employee to do so. Retaliation is a serious violation of this policy and should be reported immediately.
(2) Any person found to have retaliated against another individual for the good faith reporting of any unlawful harassment will be subject to the same disciplinary action provided for harassment offenders.
(H) Investigating the complaint.
(1) Any allegation of unlawful harassment that is reported will be promptly investigated in as discreet a manner as possible to protect the privacy of persons involved. The town will use its best efforts to maintain confidentiality throughout the investigatory process to the extent practical and appropriate under the circumstances; however, confidentiality is not guaranteed. The alleged harasser will be notified of the nature of the complaint made against him/her.
(2) Upon completing the investigation of a harassment complaint, the town will communicate its decision over the outcome of the investigation to the complainant and the alleged harasser. If the Clerk-Treasurer and the Town Attorney determine that harassment occurred, they will consult the Monon Town Council to determine appropriate disciplinary action. The complainant will be informed if disciplinary action is taken.
(3) In determining whether alleged conduct constitutes unlawful harassment, the town will look at the investigative file as a whole and the totality of the circumstances, such as the nature of the conduct and the context in which the alleged incidents occurred.
(4) The determination of whether disciplinary action is to be taken will be made from the facts, on a case-by-case basis.
(I) Identification of investigators. Complaints will be investigated by the Clerk-Treasurer and/or investigators selected by the Monon Town Council. In addition, other individuals may be included in reviewing the investigation and outcome at the discretion of the Monon Town Council.
(J) False accusations. The Town of Monon also recognizes that careful consideration must be given to questions regarding whether a particular action or incident is purely personal or social without any discriminatory employment effect. False accusations of unlawful harassment can have devastating effects on the lives and reputations of innocent women and men. Therefore, the town may discipline, up to, and including termination of employment, those employees who are proved to have intentionally, maliciously, and wrongly accused others of unlawful harassment.
(K) Sanctions.
(1) Individuals found to have engaged in misconduct constituting unlawful harassment, creating a hostile work environment, or related retaliation will be severely disciplined, up to and including termination of employment.
(2) Additional action may include: referral to counseling, withholding of a promotion, reassignment, demotion, temporary suspension without pay, or termination.
(3) Although the town's ability to discipline a non-town employee harasser is limited, any town employee who has been subjected to unlawful harassment by a non-town employee at the workplace or work-related setting should file a complaint so that action may be taken.
(L) Maintaining a written record of the complaint. The town will maintain a complete written record of each complaint and how it was investigated and resolved. Written records shall be maintained by the Clerk-Treasurer with copies to the Town Attorney. If disciplinary action was taken, a record shall be maintained in the offender's personnel file.
(M) Prevention.
(1) Prevention is the best policy for the elimination of harassment. Employees shall remain cognizant of harassment to avoid contributing to conditions that would encourage such activity.
(2) Unlawful harassment violations will result in severe disciplinary action.
(Ord. 2022-13, passed 12-21-2022)