State and federal laws protect employees from discrimination and harassment based on certain characteristics, such as color, religion/creed, sex, national origin, age, disability, citizenship, marital status, sexual orientation, political affiliation or belief, familial status, genetic information, or disability. In its Guidelines on Discrimination Because of Sex, the Equal Employment Opportunity Commission states that sexual harassment is an unlawful employment practice. The purpose of this policy is to unequivocally set forth the City's position regarding sexual and any other form of illegal harassment and procedures to be implemented in order to carry out this policy. The City requires all employees to refrain from conduct that subjects other employees to any form of illegal harassment, including sexual harassment.
The City is committed to providing a work environment free of any form of illegal harassment including sexual harassment. Illegal harassment consists of comments or behavior, including but not limited to actions, words, jokes, or comments, that are based on an individual's sex, race, ethnicity, age, religion, citizenship, marital status, sexual orientation, political affiliation or belief, familial status, genetic information, or disability or any other classification protected by local, state, or federal law.
As an example, sexual harassment (both overt and subtle) is a form of employee misconduct that is demeaning to another person, undermines the integrity of the employment relationship, and is strictly prohibited. Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and/or other verbal or physical conduct of a sexual nature. The City of Moundsville employees are prohibited from engaging in any such conduct.
While the City of Moundsville encourages individuals who believe they are being unlawfully harassed to notify the offender firmly and promptly that his or her behavior is unwelcome, we also recognize that power and status disparities between an alleged harasser and a target of harassment may make such a confrontation impossible. In the event that such informal, direct communication between individuals is either ineffective or impossible, then any such conduct should be reported immediately to the employee's department head. If the department head is unavailable or the employee believes it would be inappropriate to contact that person, the employee should immediately contact the City Manager or the Mayor.
Any department head or other supervisory employee who receives notice of a complaint or who learns of an incident of alleged harassment, sexual or otherwise, is required to promptly report the incident to the City Manager or the Mayor to allow the complaint to be properly and promptly investigated.
Investigations of complaints of sexual or other unlawful harassment and/or discrimination shall promptly be conducted by a person designated by the City Manager or Mayor. All employees are expected to cooperate and provide truthful information in the context of such an investigation. Investigations are kept confidential to the extent possible under the circumstances. When an appropriate investigation is completed, the City Manager or Mayor shall evaluate the situation and direct what responsive action, if any, shall be taken.
Under no circumstances shall an employee's job security or promotional opportunities be jeopardized because of making a complaint under this section or because of his or her willingness otherwise to assist in the identification of employees in violation of this section. The City shall not tolerate retaliation or reprisal against an employee based upon the employee making a good faith complaint of conduct in violation of this section or based upon the employee cooperating in an investigation of any such complaint.
Anyone found to be engaging in or to have engaged in sexual or other unlawful harassment will be subject to disciplinary action, up to and including immediate termination of employment.
Grievances related to sexual harassment. In addition, employees may use the City's Grievance Procedure for relief from acts of sexual or other forms of harassment. Grievances will be forwarded to the City Manager by the individual receiving the grievance in accordance with Section 155.07. The department head or other appropriate official shall perform an investigation prior to the third step grievance meeting.
Responsibility for policy administration. The City Manager and Department Heads are responsible for the administration of this policy. Employees or applicants for employment who have questions regarding this policy should contact their Department Head or the City Manager. Department Heads shall ensure that copies of this policy are posted throughout the workplace. (Ord.8/19/03)