167.65 SEXUAL HARASSMENT POLICY.
   (a)   Background. It has been the long-standing policy of the City that every employee will be treated with consideration and respect. The City views the respectful treatment of employees to include the absence of sexual harassment from the workplace.
   The Equal Employment Opportunity Commission states in its Guidelines on Discrimination Because of Sex that sexual harassment is an unlawful employment practice. The purpose of this policy is to unequivocally set forth the City’s position regarding sexual harassment and requirements that must be implemented to carry out this policy.
   (b)   Definition. Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
      (1)   Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;
      (2)   Submission to or rejection of such conduct by an individual is used as the basis 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.
   The conduct described above is prohibited between supervisors and subordinates, as well as between fellow employees. It is not necessary that there be a supervisory relationship between employees.
   (c)   Policy. It is the continuing policy of the City to provide a workplace free from any form of sexual harassment. Sexual harassment in any manner or form is expressly prohibited. All claims of sexual harassment will be promptly and thoroughly investigated and corrective action will be taken if warranted by the results of the investigation. Such action may include disciplinary measures up to and including immediate termination.
   Employees deliberately making false claims are subject to disciplinary action up to and including immediate termination.
   Consenting romantic relationships between a member of management and a subordinate, while not expressly forbidden, are generally considered very unwise. The respect and trust accorded a person by a subordinate, as well as the power exercised by that person in evaluating or otherwise supervising a subordinate, potentially diminish the subordinate’s actual freedom of choice. Therefore, each employee should be aware of the negative consequences of even a consenting relationship.
   (d)   City Procedures. Any employee who feels that he or she has been subjected to an activity described above by his or her supervisor, by fellow employees, or by a person calling upon the City, should report the incident immediately to his or her supervisor, following the procedures set forth in Section 167.20. If the supervisor is involved in the prohibited activity, the violation should be reported immediately to the City’s EEO Officer, the Mayor or the City Attorney.
   Complaints will be promptly, thoroughly and fairly investigated. Investigations are designed to protect the privacy and minimize suspicion toward all parties concerned. Disciplinary and corrective action will be taken depending upon the circumstances and as appropriate.
(Ord. 1912. Passed 3-20-97.)