[Added 8-3-2015 by Ord.
No. 3198; amended at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
The City provides equal employment opportunities to each employee
and applicant for employment without regard to race, color, religion,
national origin, ancestry, age, sex, sexual orientation, marital status,
order of protection status, handicap or disability, pregnancy, unfavorable
discharge from military service, military status, or citizenship status
in accordance with applicable law. This policy applies to all terms
and conditions of employment, including, but not limited to, hiring,
placement, promotion, termination, layoff, recall, transfer, leaves
of absence, compensation and training.
[Amended 9-17-2007 by Ord. No. 2590; 8-3-2015 by Ord. No. 3198; 1-2-2018 by Ord. No. 3363]
A.
Scope of harassment. The City of Columbia prohibits harassment of
job applicants or employees. Harassment includes, but is not limited
to, slurs, jokes, other verbal, graphic, or physical conduct relating
to an individual's race, color, sex, gender, religion, national origin,
age, citizenship status, disability, handicap, sexual orientation,
or genetic information. A violation of this harassment policy shall
result in a corrective action, up to and including termination.
B.
Sexual harassment.
(1)
Sexual harassment shall include any unwelcome sexual advances or
requests for sexual favors, or any conduct of a sexual nature when:
(a)
Submission to such conduct is made either explicitly or implicitly
a term or condition of an individual's employment;
(b)
Submission to or rejection of such conduct by an individual
is used as the basis for any employment-related decision affecting
the individual; or
(c)
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.
Such conduct is illegal.
(2)
Unwelcome sexual advances, requests for sexual favors, and other
verbal or physical conduct or jokes of a sexual nature are considered
sexual harassment, including:
(a)
Sex-oriented verbal abuse;
(b)
Subtle pressure for sexual activity;
(c)
Physical contact such as patting, pinching, or constant brushing
against the body of another;
(d)
Demands for sexual favors accompanied by implied or overt promises
of preferential treatment or threats concerning an individual's employment
status;
(e)
Sexual names, pornographic material, or other similar demeaning
or insulting behavior based on sex;
(f)
Unauthorized touching of a sexual nature;
(g)
Leering or ogling.
(3)
All such acts are prohibited and will result in corrective action
up to and including termination. An employee who feels he/she has
been the victim of sexual harassment by another employee should notify
their department head, or the City Administrator, as quickly as possible.
If the complaint involves the employee's department head, the employee
should notify the next level of the chain of command. The matter will
be investigated and, where appropriate, corrective action will be
taken. If the employee is not satisfied with the way his or her report
has been handled, he or she should arrange for a conference with the
City Administrator to discuss his or her complaint. An employee should
not assume the City is aware of the harassment. It is the employee's
responsibility to report incidents he or she knows about.
C.
Harassment based on protected characteristics. If an employee believes
he or she is being harassed based upon another legally protected characteristic
other than sex, such as the employee's race, color, religion, national
origin, age, citizenship status, disability, handicap, sexual orientation,
or genetic information, he or she should report the harassment to
their department head, or the City Administrator, as quickly as possible.
If the complaint involves the employee's department head, the employee
should notify the next level of the chain of command. The matter will
be investigated and, where appropriate, corrective action will be
taken. If the employee is not satisfied with the way his or her report
has been handled, he or she should arrange for a conference with the
City Administrator to discuss his or her complaint. An employee should
not assume the City is aware of the harassment. It is the employee's
responsibility to report incidents he or she knows about.
D.
Harassment of City employee by non-City employee. The harassment
of a City employee by someone other than an employee of the City,
but in connection with the employee's employment with the City, is
also prohibited. Any employee who becomes aware of any such harassment
of a City employee by a nonemployee shall report such harassment to
their department head. Appropriate action will be taken with respect
to a violation of this policy by a non-City employee.
E.
Reprisal or retaliation.
(1)
The City shall ensure that any employee that reports any form of
harassment in good faith or who participates in a harassment-related
investigation will be protected from any employment-related reprisal.
In addition, employees who are investigated for a violation of the
harassment policy shall be notified by the investigating City official
that they are not to retaliate against the employee who has generated
the complaint or any other employee that has participated within the
investigation. Employees who file a complaint with the Human Rights
Department or Human Rights Commission will not be retaliated against
based on such complaint. Retaliation will be considered a violation
of this policy and shall result in corrective action up to and including
termination.
(2)
Pursuant to the Whistleblower Act [740 ILCS 174/15(a)], an employer
may not retaliate against an employee who discloses information in
a court, an administrative hearing, or before a legislative commission
or committee, or in any other proceeding, where the employee has reasonable
cause to believe that the information discloses a violation of a state
or federal law, rule, or regulation. In addition, an employer may
not retaliate against an employee for disclosing information to a
government or law enforcement agency, where the employee has reasonable
cause to believe that the information discloses a violation of a state
or federal law, rule, or regulation. [740 ILCS 174/15(b)]
(3)
According to the Illinois Human Rights Act (775 ILCS 5/6-101), it
is a civil rights violation for a person, or for two or more people
to conspire, to retaliate against a person because he/she has opposed
that which he/she reasonably and in good faith believes to be sexual
harassment in employment, because he/she has made a charge, filed
a complaint, testified, assisted, or participated in an investigation,
proceeding, or hearing under the Illinois Human Rights Act.
F.
False reports. A false report is a report of harassment made by an
accuser using the harassment report to accomplish some end other than
stopping harassment or retaliation for reporting harassment. A false
report is not a report made in good faith which cannot be proven.
Given the seriousness of the consequences for the accused, a false
or frivolous report is a severe offense that can itself result in
disciplinary action. Any person who intentionally makes a false report
alleging a violation of any provision of this policy shall be subject
to corrective action up to and including termination.
