City of Kirkwood, MO Equal Employment Opportunity, Anti-Harassment, And Nondiscrimination Policy

[Ord. No. 10516, 9-20-2018; Ord. No. 10681, 9-3-2020; Ord. No. 10776, 10-6-2022; Ord. No. 10803, 4-20-2023]

It is the policy and practice of the City of Kirkwood ("City") to provide and promote equal employment opportunities for all applicants and employees. It is the responsibility of all employees to ensure that the concepts of equal employment opportunity and nondiscrimination are understood, abided by, and carried out by everyone.

It is the policy of the City to hire, train, promote, compensate, and administer all employment practices without regard to age, race, color, genetic information, pregnancy, national origin, ancestry, religion, sex, sexual orientation, gender identity or expression or transgender status, disability unrelated to the ability to perform essential functions of the job or any other protected classification under applicable Federal or State law. In short, discrimination or harassment on any of the grounds stated above is strictly forbidden and will not be tolerated. The City will take appropriate measures in response to any such incidents which are known by or reported to management or the Personnel Department.

The City believes that every employee has the right to work in an environment free of sexual or other prohibited harassment. Such conduct does not advance the purposes of the City; it is also morally wrong, and may subject the City to legal exposure. Consequently, any employee who engages in this prohibited conduct will be subject to disciplinary action, up to and including termination.

Conduct Constituting Prohibited Sexual Harassment
Under guidelines published by the Equal Employment Opportunity Commission, "unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature" constitute unlawful harassment in the following instances:
a.	When submission to such conduct is made either explicitly or implicitly a term or condition of employment; or
b.	When submission to or rejection of such conduct by an individual is used as a basis for any employment decision (e.g., promotion, wage increase, termination) affecting such individual; or
c.	When such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creates an intimidating, hostile or offensive working environment.
For example, and without compiling an exhaustive list, the following are illustrative of conduct that the City condemns and prohibits under this Policy:
(a)	Conditioning a benefit such as a certain salary or promotion on the granting of sexual favors or the establishment or continuance of a personal relationship, or to imply to an employee that an award of such a benefit is conditioned upon the granting of sexual favors or the establishment or continuance of a personal relationship.
(b)	Stating or implying that another employee's performance is attributable in whole or in part to the sex of that employee.
(c)	Stating or implying that a fellow employee's promotion in the City hierarchy has resulted from the granting of a sexual favor or relationship.
Sexual harassment may involve such matters as crude sexual jokes or sexual names; sexually suggestive, profane language; offensive sexual flirtations and innuendos; a display of obscene or pornographic material; sexual advances; grabbing or touching another individual; or other, similar demeaning and insulting behavior based on sex. Employees of the City should be aware that the issue of whether conduct constitutes sexual harassment or discriminatory conduct may depend on how that conduct is viewed by the employee who is subjected to the conduct. Any employee who initiates or persists in this prohibited conduct assumes the risk of violating this Policy in the event that the person who is the object of the conduct views it as offensive; accordingly, such an employee may be subject to discipline even if the conduct might not have been intended as offensive.

Prohibited Discriminatory Joking or Epithets Based on Age, Race, Color, Genetic Information, Pregnancy, National Origin, Ancestry, Religion, Sex, Disability, Sexual Orientation or Gender Identity
As examples, and without compiling an exhaustive list, the following are illustrative of conduct the City condemns and prohibits under this Policy:
(a)	It is prohibited for any employee to bring any item to the work premises for purposes of a joke or epithet based on age, race, color, genetic information, pregnancy, national origin, ancestry, religion, sex, disability, sexual orientation or gender identity.
(b)	It is also prohibited for any employee to use City property, bulletin boards, email or voice mail systems, or documents for purposes of a joke or epithet based on age, race, color, genetic information, pregnancy, national origin, ancestry, religion, sex, disability, sexual orientation or gender identity.
(c)	It is also prohibited for any employee to deface City property or the personal property of anyone else for purposes of a joke or epithet based on age, race, color, genetic information, pregnancy, national origin, ancestry, religion, sex, disability, sexual orientation or gender identity.
(d)	It is also prohibited for any employee to utter or use any slur, joke or epithet at work or when referring to or about any other person, be they an employee or a non-employee, based on age, race, color, genetic information, pregnancy, national origin, ancestry, religion, sex, disability, sexual orientation or gender identity.

Procedure Upon Occurrence of Prohibited Conduct

Any employee who believes they have been subjected or exposed to any harassment or other conduct prohibited by this Policy has the right to have such activity terminated immediately. Complaints must be made either to the employee's immediate Supervisor, Department Head, or to the City's Chief Administrative Officer, Assistant Chief Administrative Officer or Human Resources Manager. Complaints shall be treated in a confidential manner to the extent reasonable. Retaliation of any form against anyone who complains pursuant to this Policy is strictly prohibited. An investigation shall be made immediately concerning any complaint. If the investigation leads to a determination that the charges are true or there has been any improper conduct, corrective action will be taken immediately. Such action may include termination of employment for anyone violating this Policy. Any complaint against the Chief Administrative Officer or City Clerk should be made to the Human Resources Manager or Assistant Chief Administrative Officer, who shall do a prompt and thorough investigation. A report of such investigation shall be forwarded to the Mayor and City Council for their review and determination of appropriate action to be taken against the Chief Administrative Officer or City Clerk.