(a) (1) Defined. Sexual harassment is defined as any unwelcome or unwanted sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when any one of the following criteria is met:
A. Submission to such conduct is made either explicitly or implicitly a term or condition of the 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;
C. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creates an intimidating, hostile or offensive work environment.
(2) Sexual harassment depends on how the person being harassed is affected, not on the harassers intent. Harassment may come from any individual in the workplace, including a supervisor, a co-worker, a customer or a supplier. Sexual harassment can also take many forms and may include actions or depictions in several manners:
A. VERBAL: Unwelcome words of a sexual nature directed at another, including making sexual demands or sexual propositions; sexual innuendos; demeaning sexual jokes; references to a person’s anatomy; catcalls; whistles; demeaning name calling; remarks on the intimate details of one’s life or sexual likes or preferences; and, if unwelcome, invitations for lunch, dinner, drinks or dates.
B. VISUAL: Unwelcome exposure to visual objects such as pictures, photos, drawings, cartoons, magazines, objects or posters (including poster calendars); sexually obscene gestures or obvious staring; and nudity.
C. WRITTEN: Notes or letters of sexual content or propositions; sexually explicit literature, poems, or magazine articles; and obscene words, phrases or graphics on walls, bulletin boards or posters.
D. PHYSICAL: Unwelcome physical contact with another including touching, hugging, kissing, patting, fondling, grabbing, rubbing, pinching and, in some instances, close physical positioning. Other acts or behaviors may also constitute sexual harassment based on their circumstances or frequency. Each employee must be conscious of his or her own behaviors to avoid actions that could be seen as sexual harassment.
(3) This list does not include all the possible behavior which could be viewed as sexually harassing by the City and which could result in job discipline; it is merely a list of offensive behaviors. Other behavior might be viewed as sexually harassing depending on the circumstances and frequency in which they occur.
(4) Sexual harassment is prohibited by federal law as a form of sex discrimination in the workplace under 42 U.S.C. 2000e2-a. The federal Equal Employment Opportunity Commission has also issued authoritative guidelines on sexual harassment under Title VII of the Civil Rights Act of 1964, as amended.
(b) Reporting Employee and Sexual Harassment.
(1) Any employee or applicant for employment who believes that he or she is a victim of harassment or discrimination due to race, color, religion, sex, national origin, disability, age or veteran status should report such incident(s) following the same process reported below for reporting incidents of sexual harassment.
(2) Any employee, customer, client or applicant who believes that he or she is a victim of sexual harassment, through unwelcome sexual advances, requests for sexual favors or any other verbal or physical conduct of a sexual nature by a superior, subordinate or peer, should advise the perpetrator that the action is not welcome and must stop. The aggrieved individual should then report such incident to his or her immediate supervisor or to the City Law Director. The initial reporting of the complaint may be made verbally, however, the employee will than be asked to put the allegation in writing and sign it. To the extent practicable, a complaint of sexual harassment will be kept confidential, with due regard to the sensitive nature of such complaints.
(3) All complaints will be investigated impartially and promptly by the City Law Director. The City Law Director may interview the alleged perpetrator, witnesses or other individuals involved in the incident. Evidence supporting or refuting the allegation may be submitted by any party involved. A written report of the result of the investigation will be completed and submitted to the Mayor. The complainant will also be promptly informed of the results in the investigation. The accused perpetrator may also be given a copy of the final report.
(c) Prompt Remedial Action. The City will take prompt action to end any sexual harassment. Following a report finding that sexual harassment in fact occurred, the City shall take immediate action to remedy the situation which may include discipline of the perpetrator up to, and including, termination. The complainant retains his or her full right to make the complaint to the Ohio Civil Rights Commission, the federal Equal Opportunity Commission or other outside entities under state and federal law and guidelines.
(d) Retaliation Prohibited. No employee of the City shall discharge or otherwise discriminate or harass any other City employee who has filed a complaint of sexual harassment under this policy or who has sought redress for sexual harassment with other state or federal entities.
(e) False Claims. Any employee of the City who knowingly files a false complaint shall be subject to disciplinary action up to and including termination of employment.
(Ord. 1999-20. Passed 10-4-99.)