(a) The Municipality hereby adopts a policy to prohibit harassment of Municipal employees and prospective employees in the Classified Service as well as the Unclassified Service on the basis of sex or sexual orientation within or outside the work environment.
(b) Sexual harassment shall mean any sexual advances, requests for sexual favors or other verbal or physical conduct, printed or written material, photograph, or photographs or audio tape, or poster of a sexual nature when any of the following apply:
(1) Submission to such conduct is made either explicitly or implicitly a term or condition of any employee’s employment;
(2) Submission to or rejection of such conduct by an employee is used as a basis for employment decisions affecting the employee; or
(3) Such conduct has the purpose or effect of interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.
(c) Sexual harassment includes any forms and is not limited to verbal, non-verbal or physical contact. Sexual harassment shall include, but is not limited to, repeated sexual flirtations; advances or propositions; continued or repeated commentaries about an individual’s body; offensive sexual language and the display in the work environment of sexually suggestive pictures or objects.
(d) Any employee who believes that he or she has been discriminated against or sexually harassed is encouraged to report it immediately to his or her immediate Department Head, or the Municipal Manager or the Municipal Solicitor. The Municipality shall make every reasonable effort to resolve the complaint and protect the confidence of the employee within the limits of federal and State law. No employee will suffer any economic loss or retaliation for initiating investigations or lodging complaints.
(e) If it is determined through consultation with the Solicitor that sexual harassment is established, the Manager shall take an appropriate corrective action, including discipline, time-off without pay, and up to and including termination in the Classified Service as well as the Unclassified Service.
(f) If the employee is not satisfied with the resolution of his or her complaint, the employee may exercise all remedies available through Chapter 4112: Civil Rights Commission and Title VII of the Civil Rights Act and the common law.
(g) The Manager shall establish forms necessary and make the same available to all employees during regular business hours for filing a complaint alleging sexual harassment.
(h) This section shall not supersede the Division of Police Policy of Sexual Harassment as now enacted on August 22, 1994; but shall serve to supplement said Policy and clearly establish a general policy of prohibiting sexual harassment in the work environment in all the Municipal Departments, whether in the Classified Service or Unclassified Service. Any Division of Police employee may follow and use the procedure outlined in the Division of Police Manual or use the procedure outlined in this Resolution.
(Res. 978-96. Passed 9-9-96.)