[HISTORY: Adopted by the Village Board of the Village of Fox Crossing 7-13-2020 by Ord. No. 200713-1.[1] Amendments noted where applicable.]
[1]
Editor's Note: This chapter derives from Ch. 22 of the former Municipal Code, amended 5-28-1991 and 6-14-1993.
The purpose of this chapter is to formally state the policies of the Village of Fox Crossing (hereinafter referred to as "Village") on the issues of general employment, equal employment opportunity, affirmative action, and sexual harassment; to outline the procedures for the development, implementation, and review of the Village's Equal Employment Opportunity (EEO)/Affirmative Action Plan (AAP); and to set forth the procedures for resolving alleged acts of employment discrimination.
The general employment policy of the Village shall be to identify and employ well-qualified individuals to perform the tasks and functions of the Village to the greatest benefit of the Village.
A. 
The Civil Rights Act of 1964, Executive Order 11246, and Equal Employment Opportunity Act of 1972, and Americans with Disabilities Act of 1990 provide the legal basis for equal employment opportunity to all without regard to race, color, religion, sex, age, national origin, or disability status. It is the policy of the Village to treat each person with respect, dignity, and integrity due them as individuals and to prohibit discrimination in all phases of the employer-employee relationship.
B. 
The Village will prohibit discrimination against any person in recruitment, examination, appointment, training, promotion, retention, discipline, or any other aspect of personnel administration for reasons of political or religious opinions or affiliations, because of race, color, national origin, physical disability, age (except where specific age, sex, physical requirements constitute a bona fide occupational qualification necessary to properly and efficiently function on the job) or any other non-merit factor.
C. 
It is the responsibility of the Village to ensure the opportunity for equal employment and to maintain a non-discrimination work environment.
The Village will monitor regularly the composition of its work force and its service population area to determine if there exists a disparity between the representation of minorities or women in the work force in relationship to their representation in the service population area. The term affirmative action shall mean those actions appropriate to overcome the effects of past or present practices or other barriers to equal employment opportunity.
A. 
Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, or other unwelcome verbal or physical conduct of a sexual nature that takes place under any of the following circumstances:
(1) 
When an individual's submission to such actions is made either explicitly or implicitly a term or condition of that individual's employment; or
(2) 
When the individual's submission to or rejection of such conduct is used as the basis for employment decisions affecting the individual; or
(3) 
When the conduct has the purpose or effect of unreasonably interfering with an individual's work performance, or creating an intimidating, hostile or offensive work environment.
B. 
"Unwelcome verbal or physical conduct of a sexual nature" includes, but is not limited to, the deliberate, repeated making of unsolicited gestures or comments, or the deliberate, repeated display of offensive sexually graphic materials which is not necessary for business purposes.
C. 
The EEOAC guidelines state that employers have an "affirmative duty" to prevent and eliminate sexual harassment and are responsible for acts of sexual harassment by supervisory or other personnel.
D. 
Any employee violating this sexual harassment policy will be subject to disciplinary action. All employees are encouraged to report any complaints to the Village Manager. All employees also have the right to report any complaints through the grievance procedure.
E. 
The Village is an Equal Employment Opportunity Employer committed to the intent and spirit of this regulation and all applicable executive orders, including all federal and state civil rights legislation.
A. 
The Village Manager shall be responsible for the development, implementation, and review of the Equal Employment Opportunity/Affirmative Action Plan for the Village. Prior to implementation, this plan shall be submitted by the Village Manager to the Village Board for review and approval.
B. 
Copies of the Department Equal Employment Opportunity/Affirmative Action Plan shall be available, upon request, to all department heads, employees, job applicants, and citizens or other individuals.
A. 
The Village shall have an internal procedure for resolving alleged acts of employment discrimination. Employees or job applicants shall not be subject to retaliation or discrimination for having made a complaint, testified, or assisted in any manner in this procedure.
B. 
Employees. For all Village employees, all allegations of discrimination are subject to the rules and regulations of the Village Personnel Policy, and where appropriate, the Village Grievance Procedure.
C. 
Job applicants. For all job applicants, allegations of discrimination arising out of the job selection process for open job positions are subject to the rules and regulations of the Village of Fox Crossing Personnel Policy concerning recruitment.