(a) The provisions herein shall be applied equally to all employees without discrimination as to age, sex, marital status, race, color, creed, national origin, sexual preference, or political affiliation. The failure of the City to apply provisions herein without discrimination, when brought to the attention of the Bargaining Agent, shall be subject to the provisions of the grievance procedure. It is the intent of the parties to provide a work environment free from any sexual harassment.
(b) Particularly, it is the express intent of the parties that this agreement shall not be interpreted in such a manner as to cause or constitute a violation of any law, specifically including Title VII of PL-88-352, as amended, known as the Civil Rights Act of 1964, the Americans with Disabilities Act, the Family and Medical Leave Act, and the Civil Rights Act of 1991.
(c) Further, it is the intent of the parties to abide by the policies against: sexual harassment as set forth in Administrative Policy and Procedure #34; racial, ethnic and religious harassment as set forth in Administrative Policy and Procedure #46; discrimination based on HIV and AIDS as set forth in Administrative Policy and Procedure #47; disabilities under the Americans With Disabilities Act as set forth in Administrative Policy and Procedure #48; workplace violence as set forth in Administrative Policy and Procedure #51; and health information privacy as set forth in Administrative Policy and Procedure #58 HIPPA Policy and Procedure, provided, however, that any remedy for violation of this policy shall be as set forth therein or provided by law.
(d) All references to employee(s) in this Title designate both sexes.
(e) The City agrees not to interfere with the rights of employee(s) to become members of the Bargaining Agent, and there shall be no discrimination, interference, restraint, or coercion by the City or its representatives against any legal employee activity in an official capacity on behalf of the Bargaining Agent.
(f) The Bargaining Agent recognizes its responsibility and agrees to represent all employee(s) in the Bargaining Unit without discrimination, interference, restraint, or coercion. The Bargaining Agent agrees not to intimidate or coerce any employee in an effort to recruit membership in the Bargaining Unit.
(g) Both parties recognize the need for an Affirmative Action Program and agree to cooperate in the implementation of the program of the City as established by ordinance and administrative regulation.
(h) Employees will be permitted to use the FMLA provisions of Administrative Policy #52 on the first day of their approved leave. This section will be uniformly applied.