[Ord. of 5-20-1997(2), § 1.0]
The purpose of the policy set forth in this article is to ensure
that all City employees enjoy a work environment free from sexual
harassment.
[Ord. of 5-20-1997(2), § 3.0]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
AFFIRMATIVE ACTION OFFICER
The City manager functions as the City affirmative action
officer; provided, however, that the City manager may, with the City
council's approval, appoint an affirmative action officer, whose appointment
shall be made known to all City employees.
SEXUAL HARASSMENT
The attempt to control, influence, or affect the career,
salary, or job of an individual in exchange for sexual favors. Sexual
harassment can also be conduct which creates an intimidating, hostile
or offensive work environment or unreasonably interferes with a person's
ability to perform his job. Sexual harassment may arise from a single
incident or act, repeated incidents or acts, or a pattern of inappropriate
conduct.
SPECIFIC PROHIBITED CONDUCT
Includes, but is not limited to:
(1)
Unwelcome physical contact. This means patting, pinching, brushing
up against, hugging, cornering, kissing, fondling, or any other similar
sexually oriented physical contact considered unacceptable by another
individual.
(2)
Unwelcome requests or demands for sexual favors. This includes
subtle or blatant expectations, pressures, or requests for any type
of sexual favor, which may be accompanied by an implied or stated
promise of preferential treatment or an implied or stated threat of
negative consequence concerning one's employment status, for example,
compensation, work assignment, promotional opportunity, or job security.
(3)
Unwelcome written or oral abuse, conversations, or kidding that
is sexually oriented. This includes commenting about an individual's
body or appearance where such comments go beyond mere courtesy; and
telling dirty jokes that are clearly unwanted and considered offensive
by others; or any other sexually oriented writings, comments, innuendoes
or actions that offend others, including the display of pictures or
objects of a sexual nature.
[Ord. of 5-20-1997(2), § 2.0]
Consistent with the Maine Human Rights Act, 5 M.R.S.A. § 4572, sexual harassment in all forms, as defined in section
42-142, is prohibited. Any complaints of sexual harassment brought under section
42-146 will be investigated promptly. There will be no intimidation, discrimination, or retaliation against any employee who makes a complaint of sexual harassment.
[Ord. of 5-20-1997(2), § 4.0]
All City supervisory personnel are responsible for eliminating all forms of sexual harassment of which they are or become aware, under the disciplinary procedures set forth in article
II of this chapter. Failure to take action when warranted or required, including the failure to cooperate with an investigation of an employee's complaint, will be considered a failure to fulfill all the responsibilities of the position and will subject the supervisor to disciplinary procedures under article
II of this chapter.
[Ord. of 5-20-1997(2), § 5.0]
(a) The major way to prevent sexual harassment is for all employees to
be sensitive at all times to what may be offensive. The City communicates
the sexual harassment policy to all employees, including supervisors,
and offers general training sessions and directed training sessions
to address particular issues involving sexual harassment that may
arise.
(b) If an employee believes that he is a victim of sexual harassment,
he is encouraged to take one or more of the following steps to attempt
to resolve the problem informally:
(1)
Politely, but firmly, confront whoever is doing the harassing.
(2)
State clearly how the employee feels about the specific harassment.
(3)
Politely request that the person stop the harassment because
the employee feels offended, uncomfortable, or intimidated.
(4)
Tell another person or union representative about what is happening.
(5)
Write a letter to the harasser in which the employee outlines
the specific acts the employee finds objectionable and ask the harasser
to stop, and keep a copy of the letter for the employee's records.
[Ord. of 5-20-1997(2), § 6.0]
If the harassment continues after taking the actions outlined in section
42-145, or if the employee believes that some employment consequence may result from confronting the person the employee feels is harassing the employee, or if the employee feels uncomfortable confronting the person the employee feels is harassing the employee, the employee should initiate a formal complaint procedure and follow it through the following steps:
(1) Complaint. The employee should go to his immediate supervisor (or
a higher-level supervisor if his immediate supervisor is the offending
party), his department head, or the City affirmative action officer.
If the employee goes to his immediate supervisor (or a higher-level
supervisor if his immediate supervisor is the offending party), that
supervisor shall immediately report the complaint to the department
head or to the affirmative action officer.
(2) Consent to investigation. When the employee contacts the person with
whom he wants to file a complaint, he will be asked to sign a consent
form authorizing an investigation of the complaint. No further investigation
can take place without the employee's authorization, and by signing
such a consent he is agreeing to assist in the investigation to the
extent he is asked to do so.
(3) Investigation. The employee's complaint will be investigated by the
department head or the affirmative action officer. If the complaint
involves a department head, it will be presented to the City manager
or the affirmative action officer for investigation. If the complaint
involves the City manager, it will be presented to the City council
or the affirmative action officer for investigation. If the complaint
involves a member of the City council, it will be presented to the
City manager or the affirmative action officer for investigation.
If the complaint involves the affirmative action officer, it will
be presented to the City manager for investigation, except where the
City manager is also the affirmative action officer, in which case
the complaint will be presented to the City council.
(4) Complaint to state human rights commission. In addition to filing
a complaint with the City, the employee may file a complaint with
the state human rights commission, but only if he does so not more
than six months after the alleged act of unlawful sexual harassment.
The commission's address is State House Station 51, Augusta, Maine
04333, and its telephone number is (207) 289-2326.
[Ord. of 5-20-1997(2), § 7.0]
(a) If the investigation into an employee's complaint of sexual harassment
is resolved in favor of the alleged harasser or is inconclusive, the
employee and his alleged harasser will be so informed, and no further
action will be taken. Such resolution of a specific complaint, however,
shall not cut off the employee's right to bring complaints in the
future, even against the same person, whenever the employee believes
they are warranted.
(b) If the investigation sustains the employee's complaint, the investigating official or body will institute appropriate disciplinary proceedings against the offender under the disciplinary procedures set forth in article
II of this chapter.