[Ord. No. 1453 §1, 1-27-2003]
The purpose of this policy is to prohibit all forms of sexual
harassment and establish procedures to report and investigate allegations
of sexual harassment to facilitate timely, appropriate corrective
action.
[Ord. No. 1453 §1, 1-27-2003]
It is the policy of the City of St. Robert to maintain a professional
work environment free of sexual harassment, by preventing sexual harassment,
taking direct, immediate action to report, investigate, and remedy
all instances which may occur, and by not tolerating sexual harassment
in any form or at any level.
[Ord. No. 1453 §1, 1-27-2003]
A.
SEXUAL HARASSMENT
a.
(1)
(2)
b.
(1)
(2)
(a)
(b)
The
following words shall have the meanings set out below when used in
this Article:
An unlawful employment practice in violation of the Civil
Rights Act of 1964 and this Policy which involves one (1) or more
forms of unwelcome sexual conduct associated with the workplace.
Forms Of Sexual Harassment:
Quid Pro Quo Harassment: Quid pro quo harassment
occurs when a supervisor, member of management, or other person in
a position of authority in a workplace requires an employee to submit
to sexually offensive actions, relations, or situations as a condition
of employment or as a basis for employment decisions. Employees are
prohibited from explicitly or implicitly making any such action, relationship,
or situation a condition of an individual's employment. Examples include
but are not limited to the following:
An employee who appears uncomfortable with sexually explicit
language in the workplace being told "That's the way we talk, get
used to it if you want to keep working here".
An employee being required to engage in sexual relations to
remain eligible for a promotion, obtain a favorable job performance
evaluation, or avoid possible disciplinary action or dismissal.
Hostile Work Environment:
Hostile work environment harassment exists when unwelcome conduct
of a sexual nature unreasonably interferes with an employee's job
performance or creates an intimidating, demeaning, abusive, or offensive
work environment. A hostile work environment causes an adverse psychological
or emotional effect upon an employee. Employees are prohibited from
engaging in any form of sexual harassment which creates a hostile
work environment for any employee.
A hostile work environment can be created by members of management,
supervisors, co-workers, or persons who are not employees but with
whom the affected individual must associate in performing job-related
duties. A hostile work environment may also result in an adverse psychological
or emotional effect upon an employee when:
The offensive conduct is not specifically directed toward the
offended employee. Third party exposure to offensive conduct, such
as overhearing or overseeing sexually explicit photographs or conduct
by others can create a hostile work environment.
It is stated or inferred that an employee is not competent or
qualified for an assignment due to gender, or that persons should
be restricted to traditional roles for their gender.
[Ord. No. 1453 §1, 1-27-2003]
A.
Gender Of Involved Parties. Both males and females can be
sexually harassed, or sexually harass others.
B.
Prior Submission. Employees who have previously been subjected
to any form of sexual harassment but did not object or file a complaint,
are not barred from objecting or filing a complaint for similar conduct
in the future. Employees are, however, strongly encouraged to promptly
report all such instances.
C.
Participation Or Consent. In those situations in which employees
have voluntarily participated in behavior of a sexual nature, speech,
conduct, or a consensual relationship but no longer welcome such behavior,
those employees have an affirmative duty to declare to the person(s)
with whom the employee has engaged in such activity that the behavior
is no longer welcome.
[Ord. No. 1453 §1, 1-27-2003]
A.
General Prohibitions. No employee will create an intimidating,
hostile, or offensive environment, or subject any person to sexually
offensive conduct or sexual harassment through verbal, nonverbal,
or physical behavior of a sexual nature. Sexually offensive conduct
and sexual harassment include any behavior of a sexual nature that
is unwelcome, unsolicited, or rebuked, and conduct prohibited by Section
703, Title VII, of the 1964 Federal Civil Rights Act. Sexual harassment
includes but is not limited to the following:
1.
Making acceptance of unwelcome sexual conduct or advances or requests
for sexual favors a condition of employment, continued employment,
or promotion, or any other employment decision;
2.
Sexual advances or overtures, or teasing of a sexual nature;
3.
Making comments or asking questions of a vulgar, provocative, sexually
derogatory, or suggestive nature, e.g., discussing sexual activities,
commenting about a person's body, commenting about how an employees
clothing fits, etc.;
4.
Telling stories or jokes or making comments or innuendoes having
a sexual connotation;
5.
Kissing, hugging, or unnecessarily touching, brushing, or bumping
against a person;
6.
Displaying or circulating within the workplace pictures, posters,
calendars, drawings, pin-ups, cartoons, or similar publications of
nude or scantily-clad persons;
7.
Displaying or circulating within the workplace written materials,
pictures, drawings, or other similar materials which are sexually
suggestive or have a sexual connotation;
8.
Repeatedly asking an employee out, unnecessarily following an employee,
making unwelcome telephone calls, sending unwelcome personal messages
or items, making unnecessary and unwelcome personal visits or contacts,
or intimidating another person if the person does not comply with
sexual advances;
9.
Spreading rumors or lies about another employee's personal relationships
or sexual activities;
10.
Making suggestive or sexually offensive gestures, facial expressions,
or movements;
11.
Suggestive or demeaning staring or looks such as leering, ogling,
and visually undressing;
12.
Referring to others using demeaning or inappropriate terms such as
Honey, Hunk, Sweetie, Babe, Girls, Doll, etc.;
13.
Telling or suggesting to members of the opposite sex that they are
not competent or qualified for an assignment due to gender;
14.
Sabotaging the efforts of an employee so as to be able to ridicule
that person for an apparent inability to properly perform the job;
15.
Discriminating based upon gender by failing to provide equal opportunity
in the workplace. Discrimination includes disparity or unfavorable
treatment or employment decisions regarding any person or group of
persons in comparison to other persons or groups because of their
gender.
B.
Retaliation Prohibited. No employee will retaliate against
any person for reporting instances of perceived sexual harassment
or for participating in any manner in an investigation of allegations
of sexual harassment.
[Ord. No. 1453 §1, 1-27-2003]
A.
Frequency Of Offensive Behavior. A single substantiated
incident of certain behaviors may constitute sexual harassment, while
a pattern of such behavior constitutes sexual harassment in most cases.
B.
Context Of Behavior. All allegations of sexual harassment
will be analyzed by the nature of the conduct, the context in which
the incident behavior took place, the perspective of each party involved,
and the totality of the circumstances. Courts have established that
the reasonableness standard in determining the severity and pervasiveness
of sexual harassment is gender specific and will be determined from
the perspective of the person who found the conduct offensive.
C.
Duty Status. While sexual harassment under this Article
deals with the workplace, the prohibited acts which constitute sexual
harassment can be committed while one (1) or more of the parties involved
is not on duty. All such acts ultimately have an adverse effect upon
the workplace; therefore, any such conduct is specifically prohibited
regardless of the duty status of either individual.
[Ord. No. 1453 §1, 1-27-2003]
A.
Employees Subjected To Harassment.
1.
Employees who believe they are being subjected to sexual harassment
should, if feasible, inform the person committing the conduct that
the actions are unwelcome and offensive and should be stopped immediately.
If the person does not immediately stop the offensive behavior, the
employee should promptly contact the appropriate supervisor for assistance.
2.
It is recognized that some persons may prefer to deal with some incidents
of offensive behavior themselves without reporting the incident to
a supervisor and filing a formal complaint. Because the City of St.
Robert has an obligation to prevent, investigate, and correct sexual
harassment, employees are strongly encouraged to officially report
all instances of sexual harassment as outlined in this Section.
[Ord. No. 1453 §1, 1-27-2003]
A.
Consultation With Supervisor.
1.
Employees who believe they have been subjected to sexual harassment
should promptly report the incident to any supervisor up to and including
the City Administrator and submit a memorandum detailing the incident.
All circumstances and a listing of any witnesses to the incident should
be thoroughly documented in the memorandum.
2.
Supervisors receiving reports from employees who believe they have
been sexually harassed will forward those reports in all cases to
the City Administrator via the Department Director, regardless of
the supervisor's personal beliefs about the incident.
3.
If the employee's supervisor is involved in the incident, the employee
may report the alleged harassment to any other supervisor up to and
including the City Administrator.
[Ord. No. 1453 §1, 1-27-2003]
B.
Confidentiality. All employees will observe strict confidentiality
with respect to sexual harassment incidents and investigations. Information
will be shared only with those who specifically need to know of the
incident or to fulfill legal requirements.
C.
Conduct. Investigations of sexual harassment will be conducted
in a thorough, prompt, discreet, and sensitive manner.
[Ord. No. 1453 §1, 1-27-2003]
A.
Prevention Of Sexual Harassment. Supervisors are responsible
for preventing sexual harassment in the workplace. In substantiated
cases of repeated or flagrant sexual harassment within a particular
department, a separate internal investigation will be conducted of
the department supervisor for possible malfeasance of duty.
B.
Knowledge Of Harassment And Procedures. Supervisors will
be knowledgeable regarding the various acts and types of conduct which
may constitute sexual harassment and with the proper manner for reporting
incidents of sexual harassment. They will assist any employee who
comes to them for help in resolving and reporting sexual harassment.
C.
Lead By Example. Supervisors will set a positive example
in their personal speech and conduct so as to demonstrate to all employees
in their department as true commitment against sexual harassment.
D.
Observation, Intervention And Prevention. Supervisors will
be continually alert for conduct by or affecting employees which could
constitute sexual harassment, and will intervene and take appropriate
action to stop subtle behaviors or practices in the workplace which
could likely lead to sexual harassment. A departmental memorandum
will be written to document corrective actions taken.
E.
Action To Be Taken.
1.
Supervisors will take immediate action to stop, correct, and report
all allegations or instances of sexual harassment about which they
have knowledge regardless of whether the employees are assigned to
their department.
2.
If an employee who has been subjected to sexual harassment is unwilling
to sign a departmental memorandum alleging sexual harassment, and
the supervisor has reasonable grounds to believe sexual harassment
took place, the supervisor will submit a detailed departmental memorandum
through channels to the City Administrator via the Department Director.
3.
Failure by supervisory and management personnel to take appropriate
action will be grounds for discipline.
F.
Prevention Of Retaliation. Supervisors of employees who
have initiated allegations of sexual harassment will monitor activities
in the workplace and periodically consult with the employee to ensure
no retaliation against the employee occurs.
G.
Sexual Harassment By Employees Of Another Department.
1.
Employees who, while carrying out their duties as St. Robert employees,
are sexually harassed by persons who are City employees of another
department should report the situation to the affected supervisor
of the department.
2.
Supervisors receiving reports of sexual harassment of employees by
persons who are not employees of their department will take action
to ensure the harassment stops. The supervisor may personally contact
the offending party to resolve the situation or may request assistance
from a more appropriate official. In all cases, the supervisor will
submit a departmental memorandum reporting in detail the situation,
the action taken, and the results obtained.
H.
Limit Contact. Upon learning of allegations of sexual harassment,
supervisors will take immediate action to limit contact between the
complaining and the offending parties.
1.
The action taken should be done with due consideration for work needs,
the feelings of those involved, and possible adverse perceptions of
others in the workplace.
2.
Any accommodations should be to facilitate a professional and productive
workplace and not to cause any person to feel as if the action is
retaliatory or punitive.
[Ord. No. 1453 §1, 1-27-2003]
Disciplinary action, up to and including dismissal, will be
taken against employees who violate this sexual harassment policy.
[Ord. No. 1453 §1, 1-27-2003]
Employees. A member of the Administration will
ensure this policy is made known to all new employees during employee
orientation, including the fact that the policy will be available
to them at all times.
[Ord. No. 1453 §1, 1-27-2003]
The Administration will provide a block of instruction on the
subject of sexual harassment in supervisory meetings at least once
per year.
[Ord. No. 1453 §1, 1-27-2003]
A.
Exposure Inherent. In the normal course of performing their
required duties, employees may be exposed to sexually offensive conduct
or materials resulting from the nature of their work, contact with
the public, and the related processing of reports and property.
B.
Supervisory. When feasible, supervisors will attempt to
minimize the exposure of employees under their supervision to job-related
sexually offensive conduct or materials.
[Ord. No. 1453 §1, 1-27-2003]
The purpose of this policy is to maintain a healthy work environment
and to provide procedures for reporting, investigating and resolving
complaints of harassment, sexual or otherwise. This policy applies
to all employees of the City of St. Robert.
[Ord. No. 1453 §1, 1-27-2003]
It is the policy of the City of St. Robert that all employees
have the right to work in an environment free of all forms of harassment.
The City of St. Robert does not condone, and will not tolerate any
harassment. Therefore, the City of St. Robert shall take direct and
immediate action to prevent such behavior, and to remedy all reported
instances of harassment, sexual or otherwise. This is for internal
use only; it does not enlarge the employee's criminal or civil liability.
A violation can only form the basis of a complaint by the City in
an administrative setting.
[Ord. No. 1453 §1, 1-27-2003]
A.
Prohibited Activity.
1.
No employee shall either explicitly or implicitly ridicule, mock,
deride or belittle any person.
2.
Employees shall not make offensive or derogatory comments based on
race, color, sex, religion or national origin either directly or indirectly
to another person. Such harassment is a prohibited form of discrimination
under State and Federal employment law and is also considered misconduct
subject to disciplinary action by the City of St. Robert.
B.
Employee's Responsibilities.
1.
Supervisors shall be responsible for preventing acts of harassment.
This responsibility includes:
a.
Monitoring the unit work environment on a daily basis for signs that
harassment may be occurring;
b.
Counseling all employees on the types of behavior prohibited and
the agency procedures for reporting and resolving complaints of harassment;
c.
Stopping any observed acts that may be considered harassment, and
taking appropriate steps to intervene, whether or not the involved
employees are within the supervisor's line of supervision; and
d.
Taking immediate action to limit the work contact between two employees
where there has been a complaint of harassment, pending investigation.
2.
Supervisors have the responsibility to assist any employee of the
City, who comes to them with a complaint of harassment, in documenting
and filing a complaint with the Department Director.
3.
Each employee of the City is responsible for assisting in the prevention
of harassment through the following acts:
4.
Failure to take action to stop known harassment shall be grounds
for discipline.
C.
Complaint Procedures.
1.
Supervisors, for purposes of this policy, are those persons who by
virtue of the City Manning Chart directly supervise the job of an
employee.
2.
Department Directors, for purposes of this policy, are designated
as follows:
a.
Public Works — Director of Public Works;
b.
Building Department — Code Official;
c.
Administration — City Clerk;
d.
Transfer Station — Foreman of Transfer Station;
e.
Police Department — Police Chief;
f.
Fire Department — Fire Chief; and
g.
The City Administrator for those persons directly under the City
Administrator.
3.
Employees encountering harassment shall tell the person that those
actions are unwelcome and offensive. The employee shall document all
incidents of harassment in order to provide the fullest basis for
investigation.
4.
With the exception of any person directly supervised by the City
Administrator, any employees who believe that they are being harassed
shall report the incident(s) to any Supervisor or directly to the
Department Director as soon as possible so that steps may be taken
to protect the employee from further harassment, and so that appropriate
investigative and disciplinary measures may be initiated. Any person
directly supervised by the City Administrator or who wishes to make
a complaint under this policy against the City Administrator may report
any incident of this nature to the Mayor. The Mayor will be responsible
for supervising the investigation relative to the City Administrator
and will be responsible for any findings and initiation of any discipline.
a.
No employee will be discouraged in any manner from reporting alleged
acts of harassment to any supervisor or directly to the Department
Director.
b.
The supervisor or other person to whom a complaint is given shall
meet with the employee and document the incident(s) complained of,
the person(s) performing or participating in the harassment, and the
dates on which it occurred.
c.
The employee taking the complaint shall expeditiously deliver the
complaint to the Department Director.
5.
The Department Director shall be responsible for the investigation
of any complaint alleging harassment.
a.
The Department Director shall immediately notify the City Administrator
and the prosecutors office if the complaint contains evidence of criminal
activity such as battery, rape, or attempted rape.
b.
The investigator shall include a determination whether other employees
are being harassed by the person, and whether other department members
participated in or encouraged the harassment.
c.
Only the Department Director shall inform the parties involved of
the outcome of the investigation.
d.
A permanent file of harassment complaints shall be kept in the Department
Director's office where an annual summary of these complaints shall
be conducted by the Department Director.
6.
In the case that the Department Director is the target of the investigation,
the City Administrator shall be responsible for the investigative
procedures.
7.
There shall be no retaliation against any employee for filing a harassment
complaint, or assisting, testifying, or participating in the investigation
of such a complaint.
8.
Complainants or employees accused of harassment will be offered an
opportunity to make an oral and written response by any person investigating
allegations or complaints.
9.
This policy does not preclude any employee from filing a complaint
or grievance with an appropriate outside agency.
[Ord. No. 1453 §1, 1-27-2003]
This policy is issued by the authority of the St. Robert Board
of Alderman by ordinance.
