For purposes of this article, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning:
SEXUAL HARASSMENT
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. 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.
B.
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.
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.