(a) Purpose. To provide the employees of Village of West Liberty with an environment free of gender discrimination, including sexual harassment and other unlawful forms of harassment. To state clearly the Village’s policy regarding gender discrimination and/or sexual harassment and other unlawful forms of harassment and to provide for disciplinary action in the event the policy is not followed. To state unequivocally that harassment based on race, national origin, religion, disability, pregnancy, age, military status or sex will not be tolerated.
(b) Definition. Sexual harassment is defined as unwelcome sexual advances, comments or requests. Sexual harassment exists when employment decisions are based on sexual conduct or when the workplace is so permeated with conduct of a sexual nature that it alters the terms and conditions of employment and creates a hostile work environment. Harassment based on race, national origin, religion, disability, pregnancy or age is defined as unwelcome comments and actions pertaining to the particular characteristic at issue. Harassment based on race, national origin, religion, disability, pregnancy or age exists when employment decisions are based on those characteristics or when the workplace is so permeated with conduct relating to that characteristic that it alters the terms and conditions of employment and creates a hostile work environment.
(c) Behavior That Can Constitute Harassment.
(1) Harassment does not generally encompass conduct of a socially acceptable nature, however, some conduct which is appropriate in a social setting may be inappropriate in the workplace. Sexual harassment occurs when behavior of a sexual nature is directed toward an employee who finds that behavior unwelcome and offensive. Harassment also occurs when behavior fails to respect the rights of others, is demeaning or lowers morale. The victim’s acquiescence in the behavior will not negate the existence of harassment. Harassment may also extend beyond the confines of the workplace. Conduct that occurs off duty and off premises against an employee of the Village will be subject to this policy.
(2) Prohibited conduct includes, but is not limited to sexual comments, suggestions, jokes, leering, pats, squeezes or other similar contact, and posting of sexual pictures, cartoons, photos or other graphics. In addition, comments, suggestions, jokes, and other similar activities relating to race, national origin, religion, disability, pregnancy, age and military status are prohibited.
(d) Complaint Procedure.
(1) Supervisors are assigned the task of receiving harassment complaints from employees and investigating allegations of harassment. The supervisor is vested with the authority to receive employee reports of gender discrimination and/or sexual harassment and other forms of harassment.
(2) Employees who feel that they have been subjected to gender discrimination or sexual harassment or other forms of harassment by a fellow employee, a supervisor or an individual otherwise affiliated with the Village, shall immediately contact their supervisor. Similarly, employees who feel that they have witnessed discrimination or harassment, or who have questions or concerns regarding discrimination or harassment, shall immediately contact their supervisor. Employee complaints of gender discrimination and/or sexual harassment or other forms of harassment must be submitted, in writing, to their supervisor in a timely manner. All complaints will be taken seriously and will be fully investigated.
Information obtained during the investigation will be kept as confidential as practicable, although confidentiality cannot be guaranteed. If the investigation reveals the complaint is valid, prompt attention and disciplinary action designed to stop the harassment and prevent its reoccurrence will be taken.
(3) The Village has appointed a Council Member and the Mayor as secondary sources for employees to file complaints of harassment. If the employee’s complaint is based on the comments or other actions of their supervisor, they may file their complaint with the Council member or Mayor, instead of their supervisor. The Council Member and the Mayor shall be outside the supervisory chain of command of the complaining employee.
(e) False Complaints. Although legitimate complaints made in good faith are strongly encouraged, false complaints or complaints made in bad faith will not be tolerated. Failure to prove harassment will not constitute a false complaint without further evidence of bad faith. False complaints are considered a violation of this policy and an employee who makes a false complaint may be subject to discipline.
(f) Retaliation. The Village, its supervisors and/or employees, shall not in any way retaliate against an individual for filing a complaint, reporting harassment, in participating in an investigation. Retaliation is a serious violation of the harassment policy. Any employee who feels that he or she is subjected to retaliatory conduct as a result of actions taken under this policy shall report such conduct to their supervisor or the committee immediately. Any person found to have retaliated against an individual for reporting harassment will be subject to the same disciplinary action provided for offenders of the harassment policy.
(g) Corrective Action.
(1) Unlawful discrimination and sexual harassment will not be tolerated. Disciplinary action will result and will be reflective of the seriousness of the violation. If the investigation establishes that the accused employee engaged in harassment, discipline, up to and including termination will be administered. Offenders will be disciplined without regard to their position or job performance.
(2) All employees of the Village have a responsibility to become familiar with this policy, to assist in its enforcement and to abide by its terms. Any employee who has knowledge of harassing conduct, and who allow that conduct to go unaddressed, may be subject to discipline.
(Ord. 2007-02. Passed 3-12-07.)