(a) Adoption and Implementation of Policy. The policy against sexual harassment in the workplace, as set forth in this section, is hereby adopted and shall be implemented. The City will not condone or tolerate acts of discrimination, including sexual harassment, by any City official, supervisor or employee under any circumstances. Appropriate corrective action will be taken if any official, supervisor or fellow employee is found guilty of discrimination or harassment.
(b) Policy.
(1) It is imperative that all City employees be afforded a work atmosphere that is free from unwanted sexual harassment.
(2) As used in this section, "sexual harassment" means unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment when:
A. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment;
B. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; and/or
C. Such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment.
(3) Sexual harassment may involve pressure from a person of either sex against a person of the opposite or the same sex and may occur in any relationship.
(4) Each department head shall be responsible for taking immediate and appropriate corrective action when there is an act of sexual harassment in the workplace by:
A. Investigating and fully documenting any alleged act of sexual harassment, including the nature of the sexual advances and the context in which the incident occurred;
B. Documenting the corrective action taken based on the facts resulting from the investigation; and
C. Providing the above documentation to the Mayor.
If the department head is the offender or has failed to properly investigate the matter, then said matter shall be directly documented to the Mayor.
(5) Members of collective bargaining units may follow grievance procedures set forth in their contract if one is available or follow the procedure contained in this section.
(Ord. 37-94. Passed 9-26-94.)