143.05 WORKPLACE HARASSMENT.
   (a)    Policy.
      (1)    The Village is committed to maintaining a collegial work environment in which all its employed individuals in all departments are treated with respect and dignity. Each individual has the right to work in an atmosphere which respects equal opportunities and prohibits discriminatory practices based on race, color, national origin, religion, sex (including on account of pregnancy and including sexual harassment), age, and handicap. Workplace harassment of any kind, whether verbal or physical and whether arising onsite, out of work assignments outside of a Village building, at Village-sponsored community functions, or elsewhere, is unacceptable and will not be tolerated. It is also illegal.
      (2)    This policy prohibits conduct by Village supervisors or co-workers (or other persons allowed on the premises by the Village) which treats Village employees adversely in connection with the terms, conditions, or privileges of employment because of the individual's race, color, national origin, religion, sex, age, and handicap. It also prohibits conduct amounting to harassment which reasonably makes the workplace uncomfortable for other Village employees.
      (3)    With respect to sexual harassment in particular, for purposes of this policy, sexual harassment is defined as unwelcome and unwanted sexual advances, requests for sexual favors, and other verbal, non-verbal or physical conduct of a sexual nature when:
         A.    Submission to or rejection of this conduct by an individual is used explicitly or implicitly as a factor in decisions affecting hiring, evaluation, promotion or other aspects of employment; or
         B.   This conduct substantially interferes with an individual's employment or creates an intimidating, hostile or offensive work environment.
Examples of sexual harassment include, but are not limited to, unwanted sexual advances; demands for sexual favors in exchange for favorable treatment or continued employment; repeated sexual jokes, flirtations, advances or propositions; verbal abuse of a sexual nature; graphic, verbal commentary about an individual's body, sexual prowess or sexual deficiencies; leering; whistling; touching; pinching, assault; coerced sexual acts; suggestive insulting, obscene comments or gestures; and display in the work place of sexual suggestive objects or pictures. This behavior is unacceptable in the workplace itself and by any official, supervisor, or employee in any Village business-related setting outside the workplace, including but not limited to other work-related settings such as business trips, court appearances and Village community events.
   (b) Individuals Covered by the Policy. This policy covers conduct by all Village employees, whether by officials, supervisors, co-workers, or non-employees. Any Village employee who has been subject to workplace discrimination or harassment by such a person may submit a complaint. The Village encourages reporting of all incidents of discrimination or workplace harassment, regardless of who the offender may be.
   (c)    How to Report a Complaint.
      (1)    The Village encourages individuals who believe they are the subject of discrimination or workplace harassment to clearly and promptly notify the offender that his or her behavior is unwelcome. If for any reason an individual does not wish to approach the offender directly or if such discussion does not successfully end the harassment, then the individual should notify one of the following people:
            His/her immediate supervisor, or
            The Mayor; or
            The Village Clerk.
A written report of every complaint will be prepared by the recipient and submitted to the Mayor, who will cause an appropriate investigation to be made of every complaint.
      (2)   The Village will endeavor to keep details of any investigation confidential to the extent practical in a given situation.
      (3)    In each case, the complaining party will be advised by the Village as to the progress of the investigation.
   (d) Protection Against Retaliation. The Village will not retaliate against an individual who reasonably makes a report of discrimination or workplace harassment, nor permit any officer, supervisor, or other employee to do so. Retaliation is a very serious violation of this policy and should be reported by the complaining employee immediately. Any individual found to have retaliated against an individual for reporting discrimination or workplace harassment, or against anyone participating in the investigation of a complaint, will be subject to appropriate disciplinary procedures.
   (e)    Disciplinary Action.
      (1)    If the Village ultimately finds that discrimination or workplace harassment has occurred, the harasser will be subject to appropriate disciplinary procedures. Appropriate sanctions will be determined by Village management according to law. In addressing incidents of discrimination or workplace harassment, the Village's response at a minimum include reprimanding the offender and preparing a written record. Additional action may include, to the extent otherwise allowed by law; referral to counseling,    withholding of a promotion, reassignment, temporary suspension without pay, reduction, or discharge from employment.
      (2)    If an investigation results in a finding that the reporting individual falsely and maliciously accused another of discrimination or workplace harassment, the reporting individual will be subject to appropriate sanctions, as determined by Village management, up through and including the possibility of termination.
   (f) Conclusion. The Village has developed this policy to ensure that all of its employees can work in an environment free from discrimination or workplace harassment. This policy will be immediately disseminated to all employees by the Clerk-Treasurer and the Clerk- Treasurer will provide this policy to all new employees under their appointment.
(Ord. 00-04. Passed 3-14-00.)