(A) Intent; sexual harassment defined; findings.
(1) The city is committed to maintaining a work environment that encourages and fosters appropriate conduct among employees and respect for individual values and sensibilities. Accordingly, the city intends to enforce this sexual harassment policy at all levels within the work place in order to create an environment free from discrimination of any kind, including sexual harassment.
(2) Sexual harassment, according to the Equal Employment Opportunity Commission and the State Department of Human Rights, and for the purposes of this policy, consists of unwelcome sexual advances, requests for sexual favors or other verbal, nonverbal or physical acts of a sexual or sex-based nature, where:
(a) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;
(b) An employment decision affecting an employee is based on that individual’s acceptance or rejection of the conduct; or
(c) The conduct interferes with an individual’s work performance or creates an intimidating, hostile or offensive working environment.
(3) Sexual harassment can occur between men and women or members of the same gender. This behavior is unacceptable in the work place itself and in other work-related settings, such as business trips, court appearances and business-related social events.
(4) Sexual harassment affects the victim and other employees as well. Each incident of harassment contributes to a general atmosphere in which everyone suffers the consequences. Sexually-oriented acts or sex-based conduct has no legitimate business purpose. Where the conduct is directed by a supervisor (or someone in a management position) toward a subordinate, the former will be held to a higher standard of accountability because of the degree of control and influence he or she has or is perceived to have over the employment conditions and benefits of the subordinate.
(B) Prohibited conduct.
(1) Prohibited acts of sexual harassment can take a variety of forms, ranging from subtle pressure for sexual activity or contact to physical contact. At times the offender may be unaware that his or her conduct is offensive or harassing to others. Examples of conduct that could be considered sexual harassment include:
(a) Persistent or repeated unwelcome flirting, pressure for dates, sexual comments or touching;
(b) Sexually suggestive jokes, gestures or sounds directed toward another, or sexually oriented or degrading comments about another;
(c) Preferential treatment of an employee, or a promise of preferential treatment to an employee, in exchange for dates or sexual conduct, or the denial or threat of denial of employment, benefits or advancement for refusal to consent to sexual advances;
(d) The open display of sexually-oriented pictures, posters or other material offensive to others; and
(e) Retaliation against an individual for reporting or complaining about sexually harassing conduct.
(2) It is unlawful to retaliate in any way against anyone who has complained about sexual harassment or discrimination, whether that concern relates to the harassment of or discrimination against the individual raising the concern or against another individual.
(C) Application of policy; reports. This policy covers all employees and officers of the city. The city will not tolerate, condone or allow sexual harassment, whether engaged in by fellow employees, supervisors, associates or partners, or by outside clients or other nonemployees who conduct business with the city. The city supports and encourages the reporting of all incidents of sexual harassment, regardless of who the offender may be, and will promptly investigate all reported incidents. Where the alleged offender is not an employee or officer of the city, the city administration, in consultation with the complainant, will review the complaint and make every effort to identify a reasonable remedy if sexual harassment has been confirmed.
(D) Complaint process. Though the city encourages individuals who believe that they are being harassed to firmly and promptly notify the offender that his or her behavior is unwelcome, the city also recognizes that power and status disparities between an alleged harasser and a target may make a confrontation impossible. In the event that the informal, direct communication between individuals is either ineffective or impossible, or even when the communication has occurred, the following steps shall be taken to report a sexual harassment complaint:
(1) Reporting of incidents. All employees are urged to report any suspected sexual harassment to their department head, except if that person is the individual accused of harassment. In that case, the complaint shall be reported to the Mayor or an alderman. If the victim prefers to report the suspected harassment to someone of the opposite gender from that of the suspected harasser, the complaint can be reported to any other elected or appointed individual in a position of authority. The report may be made initially either orally or in writing, but reports made orally must be reduced to writing before an investigation can be initiated and a resolution achieved.
(2) Investigation of complaints. When a complaint has been reduced to writing, the individual informed pursuant to division (D)(1) above will initiate an investigation of the suspected sexual harassment within five working days of notification. The city representative receiving the complaint shall designate another official or employee to assist him or her in the investigation. If any of those individuals is the subject of the investigation, the investigation will be conducted by the Mayor. The investigation will include an interview with the employee who made the initial report, the person towards whom the suspected harassment was directed and the individual accused of the harassment. Any other person who may have information regarding the alleged sexual harassment may also be interviewed.
(3) Reports. The person responsible for investigating the complaint shall prepare a written report within ten working days of his or her notification of the suspected harassment, unless extenuating circumstances prevent him or her from doing so. The report shall include a finding that sexual harassment occurred, that sexual harassment did not occur or that there is inconclusive evidence as to whether or not sexual harassment occurred. A copy of the report will be given to the employee who made the initial report, the employee to whom the suspected harassment was directed and the individual accused of the harassment.
(4) Records: confidentiality. Employees who report incidents of sexual harassment are encouraged to keep written notes in order to accurately record the offensive conduct. Every effort shall be made to keep all matters related to the investigation and various reports confidential. In the event of a lawsuit, however, the city advises that records that it maintains and that the complainant maintains may not be considered privileged from disclosure. Written records will be maintained for a period of time as required by the Local Records Act.
(5) Time frame for reporting of complaints. The city encourages a prompt reporting of complaints so that rapid response and appropriate action may be taken. However, because of the sensitivity of these problems and because of the emotional toll the misconduct may have on the individual, no limited time frame will be instituted for reporting sexual harassment complaints. Delayed reporting of complaints will not in and of itself preclude the city from taking remedial action.
(6) Protection against retaliation. The city will not in any way retaliate against an individual who makes a report of sexual harassment, nor permit any officer or employee to do so. Retaliation is a serious violation of this policy and shall be reported immediately. Any person found to have retaliated against another individual for reporting sexual harassment will be subject to the same disciplinary action provided for sexual harassment offenders.
(7) Appeals. If a party directly involved in a sexual harassment investigation is dissatisfied with the outcome or resolution, that individual has the right to appeal the decision. The dissatisfied party shall submit his or her written comments in a timely manner to Council.
(E) Disciplinary action.
(1) Disciplinary action will be taken against any employee found to have engaged in the sexual harassment of any other employee. The extent of sanctions may depend, in part, upon the length and conditions of employment of the particular employee, the nature of the offense and the limitations of state law and union contracts. The city has the right to apply any sanction or combination of sanctions, up to and including termination, to deal with unreasonable conduct or discrimination.
(2) Where a hostile work environment has been found to exist, the city will take all reasonable steps to eliminate the conduct creating such an environment. If an investigation results in a finding that the complainant falsely accused another of sexual harassment, knowingly or in a malicious manner, the complainant will be subject to appropriate sanctions, including the possibility of termination.
(F) Policy not contractual; amendments. This policy is not intended as a contractual obligation. The city reserves the right to amend the policy from time to time.
(2000 Code, § 2.22.140)