[Adopted 1-10-2018 by Ord. No. 18-03]
A.
The Village of Coal City is committed to a work environment in which
all individuals are treated with respect and dignity. Each individual
has the right to work in a professional atmosphere that prohibits
discriminatory practices, including sexual harassment. Therefore,
the Village expects that all relationships among persons in the workplace,
including relationships with members of the public, will be business-like
and free of bias, prejudice and harassment.
B.
It is the responsibility of each and every employee, officer, official,
elected official, agent, volunteer, and vendor of the Village, as
well as anyone using the Village's facilities, to refrain from sexual
harassment. The Village will not tolerate sexual harassment of or
by any of its employees and elected officials. Actions, words, jokes,
or comments based on an individual's sex, sexual identity or orientation,
civil union partnership, or any other form of sex discrimination or
harassment will not be tolerated.
C.
This policy should not, and may not, be used as a basis for excluding
or separating individuals of a particular gender, sexual orientation,
civil union partnership, or any other protected characteristic, from
participating in business or work-related social activities or discussions
in order to avoid allegations of harassment. The law and policies
of the Village prohibit disparate treatment on the basis of race,
religion, age, national origin, sex, sexual identity or orientation,
civil union partnership, or any other protected characteristic, with
regard to terms, conditions, privileges and prerequisites of employment.
The prohibition against sexual harassment, discrimination and retaliation
are intended to complement and further these policies, not to form
the basis of an exception to them.
For purposes of this article, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning:
Any unwelcome sexual advances or requests for sexual favors
or any conduct of a sexual nature when:
Submission to such conduct is made either explicitly or implicitly
a term or condition of an individual's employment;
Submission to or rejection of such conduct by an individual
is used as the basis for employment decisions affecting such individual;
or
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. For purposes of this definition,
the phrase "working environment" is not limited to a physical location
an employee is assigned to perform his or her duties and does not
require an employment relationship.
Sexual harassment may include a range of subtle and not so subtle
behaviors and may involve individuals of the same or different gender.
Depending on the circumstances, these behaviors may include, but are
not limited to: unwanted sexual advances or requests for sexual favors;
sexual jokes and innuendo; verbal abuse of a sexual nature; commentary
about an individual's body, sexual prowess or sexual deficiencies;
leering; catcalls or touching; insulting or obscene comments or gestures;
display or circulation in the workplace of sexually suggestive objects
or pictures (including through e-mail, text messages or other workplace
communications); and other physical, verbal or visual conduct of a
sexual nature.
Conduct prohibited by this policy is unacceptable in the workplace
and in any work-related setting outside the workplace, such as during
business trips, professional conferences, business meetings and business-related
and/or Village sponsored social events.
Any employee who engages in practices or conduct constituting
sexual harassment shall be subject to disciplinary action, up to and
including discharge. Any Village official (including an elected or
appointed official) who engages in practices or conduct constituting
sexual harassment shall be subject to appropriate remedial action,
up to and including removal from office.
A.
The Village prohibits retaliation against any individual who reports
sexual harassment, participates in an investigation of such reports,
or files a charge of sexual harassment. Retaliation against an individual
for reporting sexual harassment, for participating in an investigation
of a claim of sexual harassment, or for filing a charge of sexual
harassment is a serious violation of this policy and, like sexual
harassment itself, will result in disciplinary action, up to and including
termination or removal from office against the retaliator.
B.
In addition to remedies afforded you in this policy, should you be
subjected to retaliation for reporting sexual harassment, participating
in the investigation of any such report, or for filing a charge of
sexual harassment with the Illinois Department of Human Rights or
any other federal, state, or local governmental agency with jurisdiction
over such a charge, you have the right to file a retaliation charge
with the Illinois Department of Human Rights (IDHR) at the James R.
Thompson Center, 100 West Randolph Street, Suite 10-100, Chicago,
Illinois 60601, (312) 814-6200 or the Equal Employment Opportunity
Commission (EEOC) at the Chicago District Office located at 500 West
Madison Street, Suite 2000, Chicago, Illinois 60661, 1-800-669-4000.
Complaints with the IDHR and the EEOC must be filed within 300 days
of the alleged retaliation. You may also have rights or recourse under
the Illinois Whistleblower Act and/or the State Officials and Employees
Ethics Act.
[Amended 11-28-2018 by Ord. No. 18-30]
A.
The Village strongly urges the reporting of all incidents of sexual
harassment or retaliation, regardless of the offender's identity or
position. Early reporting and intervention have proven to be essential
to the resolution of actual or perceived incidents of harassment.
Therefore, while no fixed reporting period has been established, the
Village strongly urges the prompt reporting of complaints or concerns
so that rapid and constructive action can be taken.
B.
The availability of this reporting procedure does not preclude individuals
who believe they are being subjected to sexual harassment from promptly
advising the offender that his or her behavior is unwelcome and requesting
that it be discontinued.
C.
If you experience or witness sexual harassment, you should deal with
the incident(s) as directly and firmly as possible by reporting the
incident(s) to your immediate supervisor, your department head, and/or
the Village Administrator. You should also document or record each
incident (what was said or done, by whom, the date, time and place,
and any witnesses to the incident). Written records such as letters,
notes, memos, e-mails, and telephone messages can strengthen documentation.
It is not necessary that the harassment be directed at you to make
a complaint. Following are steps you can take in the reporting process:
(1)
Direct communication with the offender. If you experience or witness
sexual harassment, you should directly and clearly express your objection
to the offending person(s) regardless of whether the behavior is directed
at you. If you are the harassed employee, you should clearly state
that the conduct is unwelcome and the offending behavior must stop.
However, you are not required to directly confront the person who
is the source of your report, question, or complaint before notifying
any of those individuals listed below. The initial message may be
oral or written, but documentation of the notice should be made. If
subsequent messages are needed, they should be put in writing.
(2)
Report to supervisory and administrative personnel. At the same time
direct communication is undertaken, or in the event you feel threatened
or intimidated by the offending person, you should promptly report
the offending behavior to your immediate supervisor, department head
or the Village Administrator. If you feel uncomfortable doing so,
or if your immediate supervisor and/or department head is the source
of the problem, condones the problem or ignores the problem, report
directly to the Village Administrator. If the Village Administrator
is the source of the problem, condones the problem, or ignores the
problem, you should contact the Mayor.
(3)
Report to Village Administrator. An employee may also report incidents
of harassment or discrimination directly to the Village Administrator.
The Village Administrator or his or her designee will promptly investigate
the facts and take corrective action when an allegation is determined
to be valid. If your complaint alleges harassment by the Village Administrator,
or if he or she condones the problem or ignores the problem, you should
immediately report the incident or incidents in writing directly to
the Mayor. An investigation will be conducted and appropriate action
will be taken when an allegation is determined to be valid. At no
time will personnel involved in the alleged harassment conduct the
investigation.
(4)
You have the right at any time to contact the IDHR or the EEOC at
the addresses and/or telephone numbers listed above, about filing
a formal complaint. An IDHR complaint must be filed within 300 days
of the alleged incident(s) unless it is a continuing offense. A complaint
with the EEOC must also be filed within 300 days. Thereafter, depending
upon the results of the IDHR's investigation and the time required
to complete the investigation, the IDHR may file a complaint with
the Illinois Human Rights Commission (HRC), located at 100 West Randolph
Street, Ste. 5-100, (312) 814-6269, or you may have the right to file
a complaint on your own behalf either in circuit court or directly
with the HRC.
[Amended 11-28-2018 by Ord. No. 18-30]
If you make a complaint alleging sexual harassment against an
agent, vendor, supplier, contractor, volunteer or person using the
Village's programs or facilities, the Village Administrator will investigate
the incident(s) and determine the appropriate action, if any. The
Village will make reasonable efforts to protect you from further contact
with such persons.
Any supervisor who becomes aware of any possible sexual or other
harassment or discrimination of or by any employee should immediately
advise the Village Administrator, who will investigate the conduct
and resolve the matter as soon as possible. All employees are encouraged
to report incidents of harassment, regardless of who the offender
may be or whether or not you are the intended victim.
Any reported allegations of sexual harassment will be investigated
promptly. The Village will make every reasonable effort to conduct
an investigation in a responsible and confidential manner. However,
it is impossible to guarantee absolute confidentiality. The investigation
may include individual interviews with the parties involved, and where
necessary, with individuals who may have observed the alleged conduct
or may have other relevant knowledge. The Village serves notice that
third parties, including attorneys for the Village, may be used to
investigate claims of sexual harassment.
Given the seriousness of the consequences for the accused, a
false and frivolous charge of harassment is a major offense that can
itself result in disciplinary action, up to and including discharge
or, in the case of an officer, suspension or removal from an elected
or appointed position. False and frivolous complaints are those accusations
with respect to which the accuser is using a harassment complaint
to accomplish an end other than stopping the harassment. The term
does not refer to charges made in good faith that cannot be proved.
Subject to legal guidelines, the Village will make the initial
determination as to whether sexual harassment has occurred based on
a review of the facts and circumstances of each situation. Misconduct
constituting sexual harassment or retaliation will be dealt with appropriately.
Responsive action may include, for example, training, referral to
counseling and/or disciplinary action such as warning, reprimand,
withholding of a promotion or pay increase, reassignment or demotion,
temporary suspension without pay, termination, or, in the case of
an officer, removal from an elected or appointed position, as the
Village believes appropriate under the circumstances.
While we hope to be able to resolve any complaints of harassment
within the Village, we acknowledge your right to contact the Illinois
Department of Human Rights (IDHR) at the James R. Thompson Center,
100 West Randolph Street, Suite 10-100, Chicago, Illinois 60601, about
filing a formal complaint, and, if it determines that there is sufficient
evidence of harassment to proceed further, it will file a complaint
with the Illinois Human Rights Commission (HRC), located at the same
address on the fifth floor.
