It is unlawful to harass a person because of that person's sex.
The courts have determined that sexual harassment is a form of discrimination
under Title VII of the United States Civil Rights Act of 1964, as
amended in 1991. All persons have a right to work in an environment
free from sexual harassment. Sexual harassment is unacceptable misconduct
which affects individuals of all genders and sexual orientations.
It is a policy of the Village of Westville to prohibit harassment
of any person by any municipal official, municipal agent, municipal
employee or municipal agency or office on the basis of sex or gender.
All municipal officials, municipal agents, municipal employees and
municipal agencies or offices are prohibited from sexually harassing
any person, regardless of any employment relationship or lack thereof.
This policy adopts the definition of sexual harassment as stated
in the Illinois Human Rights Act, which currently defines sexual harassment
as:
A. 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. Conduct which may constitute sexual harassment includes:
(1) Verbal. Sexual innuendos, suggestive comments, insults, humor, and
jokes about sex, anatomy or gender-specific traits, sexual propositions,
threats, repeated requests for dates, or statements about other employees,
even outside of their presence, of a sexual nature.
(2) Nonverbal. Suggestive or insulting sounds (whistling), leering, obscene
gestures, sexually suggestive bodily gestures, "catcalls," "smacking"
or "kissing" noises.
(3) Visual. Posters, signs, pin-ups or slogans of a sexual nature, viewing
pornographic material or websites.
(4) Physical. Touching, unwelcome hugging or kissing, pinching, brushing
the body, any coerced sexual act or actual assault.
(5) Textual/Electronic. "Sexting" (electronically sending messages with
sexual content, including pictures and video), the use of sexually
explicit language, harassment, cyber stalking and threats via all
forms of electronic communication (e-mail, text/picture/video messages,
intranet/on-line postings, blogs, instant messages and social network
websites like Facebook and Twitter).
C. The most severe and overt forms of sexual harassment are easier to
determine. On the other end of the spectrum, some sexual harassment
is more subtle and depends, to some extent, on individual perception
and interpretation. The courts will assess sexual harassment by a
standard of what would offend a "reasonable person."
In addition to any and all other discipline that may be applicable
pursuant to municipal policies, employment agreements, procedures,
employee handbooks and/or collective bargaining agreements, any person
who violates this policy or the prohibition on sexual harassment contained
in 5 ILCS 430/565 may be subject to a fine of up to $5,000 per offense,
applicable discipline or discharge by the municipality and any applicable
fines and penalties established pursuant to local ordinance, state
law or federal law. Each violation may constitute a separate offense.
Any discipline imposed by the municipality shall be separate and distinct
from any penalty imposed by an ethics commission and any fines or
penalties imposed by a court of law or a state or federal agency.