[Ord. No. 4173 §1, 11-17-2014]
A. The City of Berkeley, Missouri (hereinafter "City") is an equal opportunity
employer. The City will not discriminate and will take affirmative
action measures to ensure against discrimination in employment, recruitment,
advertisements for employment, compensation, termination, upgrading,
promotions, and other conditions of employment against any employee
or job applicant on the basis of race, creed, color, national origin,
sex or sexual orientation.
B. The City is committed in all areas to providing a work environment
that is free from harassment. Harassment based upon an individual's
sex, race, ethnicity, national origin, age, religion or any other
legally protected characteristics will not be tolerated. All employees,
including supervisors and other management personnel, are expected
and required to abide by this policy. No person will be adversely
affected in employment with the City as a result of bringing complaints
of unlawful harassment.
C. Sexual harassment is behavior of a sexual nature that is unwelcome
and offensive to the person or persons it is targeted toward. Examples
of harassing behavior may include unwelcome sexual advances, requests
for sexual favors, and other verbal or physical conduct of a sexual
nature which constitute harassment when (1) submission to or rejection
of 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 decisions
about employment, promotion, transfer, selection for training, performance
evaluations, benefits, or other terms and conditions of employment;
or (3) such conduct has the purpose or effect of creating an intimidating,
hostile, or offensive work environment or substantially interferes
with an employee's work performance.
D. If an employee feels that he or she has been harassed on the basis
of his or her sex, race, national origin, ethnic background, or any
other legally protected characteristic he or she should immediately
report the matter to his or her supervisor. If that person is not
available, or if the employee feels it would be unproductive to inform
that person, the employee should immediately contact that supervisor's
superior or human resources. Once the matter has been reported, it
will be promptly investigated and any necessary corrective action
will be taken where appropriate. All complaints of unlawful harassment
will be handled in as discreet and confidential a manner as is possible
under the circumstances.
E. The procedure for reporting incidents of harassing behavior is not
intended to impair, replace, or limit the right of any employee to
seek a remedy under available State or federal law by immediately
reporting the matter to the appropriate State or federal agency.
F. Any employee engaging in improper harassing behavior will be subject
to disciplinary action, including the possible termination of employment.