(A) The Mayor and the City Council recognize the need to develop and implement a harassment policy for the city.
(B) The city strongly disapproves of and will not tolerate harassment of its employees on any basis. Harassment is verbal and physical conduct that denigrates or shows hostility or aversion toward any individual because of his or her race, color, religion, gender, national origin, age or disability, or that of his or her relatives or friends or associates, and creates an intimidating or hostile or offensive work environment and reasonably interfering with an individual’s work performance or otherwise adversely affects an individual's employment opportunities. Harassment will not be tolerated by the City of Paintsville. Such harassment is a violation of Title VII of the Civil Rights Act of 1964, and of the Guidelines of the Equal Employment Opportunity Commission. These Guidelines specifically clarify what constitutes unlawful sexual harassment as unwelcome sexual advancements, request for sexual favors, and other verbal or physical contact of a sexual nature constitute sexual harassment when:
(1) Submission to such contact is made either explicitly as a term or condition of an individual’s employment;
(2) Submission to or rejection of such conduct by an individual is used for employment decisions affecting such individual; or
(3) Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive work environment.
(C) Examples in conduct which may create a hostile environment include but are not limited to, lewd or sexually suggestive comments; off-color language or jokes of a sexual nature; slurs and other verbal, graphic or physical conduct relating to an individual's sex; any display of sexually explicit pictures, greeting cards, articles, books, magazines, photos or cartoons. Normal, courteous, mutually respectful, pleasant non-coercive interactions between individuals that are acceptable to both parties are not considered to be sexual harassment.
(D) The city encourages its employees to submit, in writing, any instance of harassment, sexual or otherwise, to provide the city with a clear understanding of the situation. Any instances of harassment of any form should be immediately reported to your supervisor. If your supervisor is involved, the behavior should be reported directly to the Mayor. If the Mayor is involved, the behavior should be reported to a member of the City Council.
(E) All complaints will be promptly investigated in a manner designed to protect the privacy of both parties. To the extent possible, the grievance procedure outlined in the Personnel Policy Manual will be followed. While some individuals must be advised of the situation in order to conduct an investigation, the city will endeavor to keep the information it gathers confidential and any parties who are interviewed pursuant to such an investigation are expected to do the same.
(F) The city will take appropriate corrective action, including disciplinary measures up to and including discharge, when justified, to remedy any violation of this policy.
(G) No employee will be retaliated against for bringing a complaint or for cooperating in the investigation of a complaint under this policy. No documentation of the complaint shall be maintained in the personnel file of the complaining individual.
(Ord. 95-008, passed 9-12-95)