(A) It is illegal and against the policy of the city for any employee, male or female, to harass another worker by:
(1) Making unwelcome sexual advances or favors or other verbal or physical conduct of a sexual nature a condition of any employee’s employment, disciplinary action, or performance evaluation;
(2) Using an employee’s submission to or rejection of the conduct as the basis for or as a factor in any employment decision affecting the individual; or
(3) Otherwise creating an intimidating, hostile, or offensive working environment by the conduct.
(B) The creation of an intimidating, hostile, or offensive working environment may include by way of an example, but not by way of limitation, the actions as persistent comments on an employee’s sexual preferences or the display of obscene or sexually-oriented photographs or drawings. The City Manager shall determine whether the conduct constitutes sexual harassment, based on a review of the facts and circumstances of each situation. The city will not condone any sexual harassment of its employees. All employees, including supervisors and managers, will be subject to severe discipline, up to and including dismissal, for any act of sexual harassment they commit or the filing of false sexual harassment allegations. Employees who feel victimized by sexual harassment should report the harassment to their supervisor immediately. If the employee’s immediate supervisor is the source of the alleged harassment, the employee should report the problem to the supervisor’s superior or to the City Manager. Supervisors and managers who receive a sexual harassment complaint must promptly and carefully investigate the matter, questioning all employees who may have knowledge of either the incident in question or similar problems. Both the complaint and investigative steps and findings should be documented as thoroughly and promptly as possible. Employees who are dissatisfied with the investigating supervisor’s resolution of a sexual harassment complaint may file a complaint with the City Manager. No employee will be subject to any form of retaliation or discipline for pursuing a valid sexual harassment complaint. In addition to the internal reporting procedures within the city government, employees who have been subjected to sexual harassment may report the incidents to the Human Rights Commission of the State of New Mexico, Santa Fe, New Mexico, or the Equal Employment Opportunity Commission.
(1981 Code, § 20-33) (Ord. 823, passed 1-22-1991) Penalty, see § 33.99