[Adopted 5-21-2002 by Ord. No. 456]
[Amended 7-19-2016 by Ord. No. 672]
The Village desires to assure equal opportunity to all individuals,
regardless of race, color, religion, national origin or ancestry,
sex, marital status, order of protection status, disability, military
status, sexual orientation, pregnancy, or unfavorable discharge from
military service, as those terms are defined in 775 ILCS 5/1-103,
to avail themselves of gainful employment opportunity.
The Village has determined that the passage of an article promoting
equal employment opportunity is an effective method of providing gainful
employment to minority, elderly, women, and handicapped individuals
desiring employment with the Village.
The Village hereby declares to uphold all laws related to equal
employment opportunity, including, but not limited to, the following:
A.
Title VI of the Civil Rights Act of 1964, which prohibits discrimination
in the participation in or benefits of programs or activities receiving
federal financial assistance on the basis of race, color, or national
origin.
B.
Title VII of the Civil Rights Acts of 1964, which prohibits discrimination
because of race, color, religion, sex or national origin in all employment
practices, including hiring, firing, promotions, compensation, and
other terms, privileges and conditions of employment.
C.
Title IX of the Education Amendments of 1972, which prohibits discrimination
in federally assisted education programs.
D.
The Equal Pay Act of 1963, which covers all employees who are covered
by the Fair Labor Standards Act. The Act forbids pay differentials
on the basis of sex.
E.
The Age Discrimination Act of 1967, which prohibits discrimination
because of age against anyone between the ages of 40 and 65.
F.
Federal Executive Order 11246, which requires every contract with
federal financial assistance to contain a clause against discrimination
because of race, color, religion, sex, or national origin.
G.
Section 504 of the Rehabilitation Act of 1973 and Department of Labor
Implementing Regulations at 29 CFR 32, which prohibit any discrimination
based on handicap.
H.
Section 167 of JTPA and the United States Department of Labor Regulations
at 29 CFR Parts 31 and 32, which provide that no person in the United
States shall be excluded from participation in, be denied the benefits
of, or be subjected to discrimination on the basis of race, color,
or national origin, under any program or activity receiving federal
financial assistance from the Department of Labor.
I.
The Illinois Human Rights Act (775 ILCS 5/1-101 et seq.) and Article I, Sections 17 through 19, of the Illinois Constitution, which prohibit discrimination based on race, color, creed, national ancestry, handicap, and sex in the hiring and promotion practices of any employer.
J.
Article 2 of the Illinois Human Rights Act (775 ILCS 5/2).
K.
The Americans with Disabilities Act (42 U.S.C. § 12101
et seq.) and the regulations thereunder (28 CFR 35.130) (ADA), which
prohibits discrimination against persons with disabilities in the
provision of any aid, benefit or service.
The Village shall uphold all laws related to sexual harassment.
A.
"Sexual harassment" means any unwelcome sexual advances or requests
for sexual favors or any conduct of a sexual nature when:
(1)
Submission to such conduct is made, either explicitly or implicitly,
a term or condition of an individual's employment;
(2)
Submission to or rejection of such conduct by an individual is used
as the basis for employment decisions affecting such individual; or
(3)
Such conduct has the purpose or effect of substantially interfering
with an individual's work performance or creating an intimidating,
hostile or offensive working environment.
B.
Sexual harassment may involve individuals of the same or different
genders. Sexual harassment is most frequently associated with those
situations in which a power differential exists between persons involved;
however, it also may occur between individuals of the same status.
(1)
Examples
of conduct which may, if continued or repeated, constitute sexual
harassment are:
(a)
Unnecessary touching, patting, hugging, or brushing against
a person's body.
(b)
Staring, ogling, leering, whistling.
(c)
Sexually explicit statements, comments, questions, jokes or
anecdotes.
(d)
Graphic comments about a person's clothing or body.
(e)
Sexually suggestive objects or pictures in the workplace.
(f)
Harassing use of the electronic mail or telephone communication
system.
(g)
Other physical or verbal conduct of a sexual nature.
(2)
Such conduct, whether or not _____, constitutes sexual harassment
and is illegal under both state and federal law. Violations of this
policy will not be permitted.
C.
Procedure for the resolution of sexual harassment complaints.
(1)
The Village encourages anyone who feels that he/she has been a victim
of sexual harassment to report such incidents to the Village President
or a Village Board member. Complainants are urged to report sexual
harassment incidents as soon as possible, since a delay in reporting
may make it difficult to gather appropriate information and documentation.
It is not necessary for sexual harassment to be directed at the person
making the complaint. The following steps may also be taken: document
or record each incident (what was said or done, the date, the time
and the place). Documentation can be strengthened by written records
such as letters, notes, memos and telephone messages.
(2)
Complaints will be kept in confidence to the extent practicable and
appropriate under the circumstances.
(3)
The Village President, with approval of the Board, shall appoint
a committee of at least three people, one of which shall be the attorney
for the Village. The role of the committee will be to hear and consider
testimony and other relevant reliable evidence, to make findings of
fact, to determine whether the Village's policy on sexual harassment
has been violated and, if so, to recommend appropriate relief and
disciplinary action(s). A copy of the written decision shall be promptly
furnished to the employee making the complaint.
(4)
The employee will be able to have a representative present at any
discussion between the employee and the Village Board or committee.
D.
The employee making the complaint may elect to file a written complaint
with the Illinois Department of Human Rights or the Illinois Human
Rights Commission. The alternative complaint avenues are available
if the employee would prefer to use them instead of the internal procedures.
E.
The employee is protected by the Illinois Human Rights Act (775 ILCS
5/6-101) from retaliation because he or she has opposed that which
he or she reasonably and in good faith believes to be unlawful sexual
harassment in employment or because he or she has made a charge, filed
a complaint, testified, assisted, or participated in an investigation
under this section.
The Village will assure nondiscriminatory employment practices
in recruitment, recruitment advertising, employment, placement, layoff
or termination, promotion, demotion or transfer, rate of pay or other
forms of compensation and use of facilities.
The Village will not contract with other agencies, banks, businesses,
vendors, etc., who or which practice or establish a pattern of discrimination
based on sex, color, race, religion, age, national origin, political
affiliation or belief, marital status, order of protection status,
disability, military status, sexual orientation, pregnancy, or unfavorable
discharge from military service, as those terms are defined in 775
ILCS 5/1-103.
The Village assures that it will actively provide nondiscriminatory
outreach, selection, and service to all individuals.
Efforts will be made to hire minority individuals for all job
categories so that minority employment in all categories of the work
force will represent a proportionate share of minority populations
in the Village as well as surrounding areas.
The Village will provide accommodations to the best of its ability
for developmentally disabled/handicapped employees, contingent on
budget and structural limitations.
All Village employees are expected to adhere to the above policy
and to work actively for its implementation both internally and in
carrying out Village program activities.
The Village designates the Village President and Village Board
to carry out the EEO/AA plan.
