§ 35.402 SEXUAL AND OTHER FORMS OF UNLAWFUL HARASSMENT.
   (A)   It is illegal for any village official, manager, supervisor or co-worker to engage in unwelcome sexual advances, requests for sexual favors, or verbal or physical conduct of a sexual nature. Such behavior constitutes sexual harassment when submission is made an implicit or explicit condition of employment; when employment decisions are based on submission to or rejection of such behavior; or when such behavior substantially interferes with work performance or creates an intimidating, hostile, or offensive work environment.
   (B)   The village can be held responsible for the behavior of its employees, and also for non-employees, who engage in such inappropriate behavior on municipal property. Thus, the village is committed to taking appropriate and corrective remedial action whenever it becomes aware that harassment is taking place or a complaint of harassment is made.
   (C)   Broadly speaking, sexual harassment includes “unwelcome behavior” such as verbal, non-verbal or physical actions which are offensive in nature. This may include, among other things, leering, staring, foul language, whistling, gestures, sexual jokes, sexual innuendoes, suggestive comments, touching with hands, rubbing body against body, pinching, assault or any such thing that is offensive to another person, including pictures or postings that can be offensive.
   (D)   Anyone who has a complaint of sexual or other forms of unlawful harassment, or who witnesses harassing conduct, should report such conduct immediately to his or her immediate supervisor or the Municipal Manager. If the subject of the report is the Municipal Manager, the conduct may be reported to the Director of the Personnel Department or, if such duties are being handled by the Municipal Manager, to the Mayor, Vice Mayor or Council Member. No person making such a report in good faith will be subject to any reprisal or retaliation by the village, and all such reports will be kept in confidence to the greatest possible extent. The village will promptly investigate the allegations and will take whatever action it deems appropriate to end any conduct that the municipality deems to be unlawful and/or inconsistent with this policy, up to and including immediate discharge. Likewise, persons who make knowingly false reports of harassment will be subject to discipline, up to and including termination.
   (E)   Sexually offensive behavior of any type is unprofessional and will not be tolerated in the workplace or at any village-sponsored activity. This holds true regardless of the genders of the individuals involved.
   (F)   Harassment based on other prohibited categories including race, color, religion, national origin, age, disability, veteran status, or any other status protected by local, state or federal law will be treated the same as sexual harassment for purposes of this policy.
(Ord. 2005-13, passed 12-20-05; Am. Ord. 2006-03, passed 3-21-06; Am. Ord. 2019-06, passed 12-17-19)