An employee who either observes sexual harassment or believes herself/himself to be the object of sexual harassment should deal with the incident(s) as directly and firmly as possible by clearly communicating her/his position to the offending employee and to her/his supervisor. It is not necessary for the sexual harassment to be directed at the person who makes the report.
All charges, including anonymous complaints, will be accepted and investigated regardless of how the matter comes to the attention of the employer. However, because of the serious implications of sexual harassment charges and the difficulties associated with their investigation and the questions of credibility involved, the complainant's willing cooperation is a vital component of an effective inquiry and an appropriate outcome.
A. Proper methods of reporting conduct which is believed to be sexual harassment may include:
1. Electronic/Direct Communication: If there is sexually harassing behavior in the workplace, the harassed employee should directly and clearly express her/his objection that the conduct is unwelcome and request that the offending behavior stop. The initial message may be verbal. If subsequent messages are needed, they should be put in writing in a note or a memo.
2. Contact With Supervisory Personnel: At the same time direct communication is undertaken, or in the event the employee feels threatened or intimidated by the situation, the problem must be promptly reported to the immediate supervisor of the person making the report, a department head, a Director of Human Resources, an Ethics Officer, the City Manager or Administrator, or the Chief Executive Officer of the City. If the harasser is the immediate supervisor, the misconduct should be reported to the next level of supervision.
The employee experiencing what he or she believes to be sexual harassment must not assume that the employer is aware of the misconduct. If there are no witnesses, and the victim fails to notify a supervisor or other responsible officer, it is likely the employer will be presumed not to have knowledge of the harassment.
3. Resolution Outside Municipality: The purpose of this policy is to establish prompt, thorough, and effective procedures for responding to every report and incident so that problems can be identified and remedied by the Municipality. However, a Municipal employee has the right to contact the Illinois Department of Human Rights (IDHR) or the Equal Employment Opportunity Commission (EEOC) about filing a formal complaint with those entities. An IDHR complaint must be filed within three hundred (300) days of the alleged incident(s) unless it is a continuing offense. A complaint with the EEOC must be filed within three hundred (300) days.
Documentation of any incident may be submitted with any report (what was said or done, the date, the time and the place), including, but not limited to, written records such as letters, notes, memos and telephone messages.
All allegations, including anonymous reports, will be accepted and investigated regardless of how the matter comes to the attention of the Municipality. However, because of the serious implications of sexual harassment charges and the difficulties associated with their investigation and the questions of credibility involved, the claimant's willing cooperation is a vital component of an effective inquiry and an appropriate outcome. (Res. 2018-4, 11-13-2018)