§ 35.042  EQUAL EMPLOYMENT OPPORTUNITY; DISCRIMINATION.
   (A)   The village maintains a policy of nondiscrimination with employees and applicants for employment. Under federal, state, and local law, no aspect of employment with the village will be influenced in any manner by race, color, religion, sex, age, national origin, physical or mental disability, or any other basis prohibited by law.
   (B)   (1)   The village has a policy against unlawful discrimination. (See §§ 35.065 through 35.071.) Discrimination by any employee of the village on any basis prohibited by federal, state, or local law is strictly prohibited.
      (2)   In order to provide a productive and pleasant working environment, it is important that the village maintain an atmosphere characterized by mutual respect. Accordingly, the kind of conduct characterized below as “sexual harassment” or “discrimination-based harassment” will not be tolerated. In addition, the village will, to the extent possible, endeavor to protect employees from reported sexual harassment or discrimination-based harassment by non-employees in the workplace.
      (3)   In general, racial or ethnic slurs and other verbal or physical conduct relating to a person’s race, color, religion, national origin, ancestry, age, sex, marital status, order of protection status, disability, military status, sexual orientation, unfavorable discharge from military service, or record of arrest constitute discrimination-based harassment when they unreasonably interfere with a person’s work performance or create a hostile and intimidating work environment.
      (4)   “Sexual harassment” has been defined by federal, state, and local laws as a form of sex discrimination. It can consist of unwelcome physical or verbal sexual advances, requests for sexual favors, the display of sexually explicit pictures, cartoons, or drawings, or other physical or verbal conduct of a sexual nature. Supervisors, co-employees, or others may not commit sexual harassment in the workplace.
      (5)   Sexual harassment exists when supervisors or managers make submissions to such conduct, either explicitly or inexplicitly, a term or condition of employment (including hiring, compensation, promotion, or retention). In addition, sexual harassment exists when submission to or rejection of such conduct is used by supervisors or managers as a basis for employment decisions. Sexual harassment may also exist when such conduct by any other employee or non-employee unreasonably interferes with an employee’s work performance or creates a hostile and intimidating work environment.
      (4)   An employee who feels that he or she has been the subject of sexual harassment or some other form of discrimination-based harassment should immediately report the matter to the Village President. If the complaint relates to the President, then the employee should report the matter to the Village Clerk, who will forward the complaint to the Trustees for investigation.
      (5)   Complaints will be promptly investigated by the President or Trustees, as applicable. Any investigation will be kept as confidential as possible. However, where confidentiality is not compatible with a thorough investigation, it may not be possible to maintain confidentiality.
      (6)   No person may retaliate against an employee who opposes what she or he reasonably and in good faith believes to be unlawful discrimination, sexual harassment, or discrimination-based harassment. In addition, no person may retaliate against an employee who has made a complaint, has participated or assisted in an investigation, or has testified in a hearing or proceeding involving alleged unlawful discrimination, sexual harassment, or discrimination-based harassment. Retaliation of any kind is strictly prohibited.
      (7)   Any employee determined by an investigation to have engaged in discrimination, sexual harassment, discrimination-based harassment, or retaliation against another employee in violation of this policy will be subject to appropriate disciplinary procedures, including immediate termination.
(Ord. 17-O-06, passed 3-7-2017)