[Ord. 2018-886, 12-3-2018]
It is the policy of the City of Lincoln to maintain a working
environment which encourages mutual respect, promotes respectful and
congenial relationships between employees, and is free from all forms
of harassment of any employee or applicant for employment by anyone,
including supervisors, co-workers, vendors, patrons, consultants,
or customers.
The City of Lincoln has a "zero-tolerance" harassment policy.
Harassment by any manner or form is expressly prohibited and will
not be tolerated. Accordingly, management is committed to vigorously
enforcing this policy against harassment, including but not limited
to, sexual harassment at all levels. All reported or suspected occurrences
of harassment will be promptly and thoroughly investigated. Where
harassment is determined to have occurred, the City of Lincoln will
immediately take appropriate disciplinary action, including written
warnings and possible suspension, transfer and/or termination. The
City of Lincoln will not permit or condone any acts of retaliation
against anyone who files harassment complaints or cooperates in the
investigation of it.
[Ord. 2018-886, 12-3-2018]
(A)
The following shall apply to this chapter:
1.
The term "harassment" includes, but is not limited to, unwelcome
slurs, jokes, verbal, graphic, physical conduct relating to an individual's
race, color, religion, sex, sexual preference or sexual orientation,
age, marital status, ancestry, national origin, physical or mental
disability, or military service status.
Sexual harassment consists of unwelcome sexual advances, requests
for sexual favors or other verbal or physical conduct of sexual nature.
2.
Submission to such conduct is an explicit or implicit terms or condition
of employment.
3.
Employment decisions are based on an employee's submission to
or rejection of such conduct, or such conduct interferes with an individual's
work performance or creates an intimidating, hostile or offensive
working environment.
4.
The term "harassment" may also include conduct of employees, supervisors,
vendors and/or customers who engage in verbally or physically harassing
behavior which has the potential for humiliating or embarrassing an
employee of the City.
(B)
In accordance with the prohibitions and definitions and of the Illinois
Human Rights Act as amended in 1993 and the Civil Rights Act of 1964
as amended in 1991, the following explanations and examples constitute
sexual harassment under this policy:
1.
Hostile Environment: Conduct that has the purpose or effect of unreasonably
interfering with a person's job performance or which creates
an intimidating or offensive work environment.
3.
Reasonable Person/Reasonable Woman Standard: The legal standard for
judging whether a specific instance of sexually oriented behavior
constitutes sexual harassment. In other words, cases are judged based
on the question, "Would any reasonable person or reasonable woman
object to or be offended by this behavior?"
(C)
Some examples of offensive conduct may include:
1.
Verbal: Demeaning language focused on gender; sexual innuendos; suggestive
comments about a person's body; humor and jokes about sex, anatomy,
or gender specific traits; spreading rumors about a coworker's
sex life; asking or telling about sexual fantasies, preferences or
history; sexual propositions; or statements of a sexual nature about
another employee, even outside of his presence.
2.
Quid Pro Quo: Threats or promises by a supervisor (e.g., loss of
job, promise of job, promotion, or other employment benefit), or suggesting
or insinuating that employment or future promotions will be given
in exchange of sexual favors.
3.
Nonverbal: Leering; staring at a person's body; obscene gestures;
sexual gestures focused on body parts; giving personal, unwanted gifts;
following a person; sending suggestive letters, notes, illustrations,
emails or photographs; or insulting sounds (e.g., whistling, catcalls,
smacking the lips, or "kissing" noises). This could escalate to a
higher level including violence (e.g., stalking).
4.
Hostile Work Environment: Sexually-charged work environment, where
the atmosphere makes it difficult for an employee to work or feel
comfortable. This includes a wide range of behaviors and actions from
displaying sexually suggestive pictures, posters, pin-ups, cartoons,
slogans of sexual nature and illustrations; written communications
or e-mail; telling suggestive stories and jokes; or using sexual gestures.
5.
Physical: Unwanted or unwelcome touching, hugging, kissing, pinching
or brushing against the body; touches oneself in a sexual manner in
front of another person; physical coercion to engage in a sexual act;
or actual assault. Assume that the only acceptable behavior is a handshake.
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Note that some of the prohibited conduct included above may
not technically be considered illegal harassment by a court or government
agency, but it still warrants disciplinary action since it can have
a negative effect on our workplace. For example, we can discipline
an employee who uses obscene language or tells off-color jokes, even
though that conduct generally would not be considered illegal harassment
unless the employee engaged in it on an ongoing basis.
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[Ord. 2018-886, 12-3-2018]
(A)
Complaint Procedure: The City of Lincoln provides its employees with
a convenient and reliable method for reporting incidents of harassment,
including sexual harassment. Any employee who feels that he has been
or is being harassed, or discriminated against, is encouraged to immediately
inform the alleged harasser that the behavior is unwelcome. In most
instances, the person is unaware that his conduct is offensive and
when so advised can easily and willingly correct the conduct so that
it does not reoccur. If the informal discussion with the alleged harasser
is unsuccessful in remedying the problem or if such an approach is
not possible, the employee should immediately report the complained-of
conduct to his immediate supervisor, City Administrator, or any member
of management. The report should include all facts available to the
employee regarding the harassment.
(B)
Confidentiality: All reports of harassment will be treated seriously.
The City will make its best effort to respect the private and sensitive
nature of such reports. However, absolute confidentiality is not promised
nor can it be assured. The City of Lincoln will conduct an investigation
of any complaint that will require limited disclosure of pertinent
information to certain parties, including the alleged harasser.
(C)
Investigative Procedure: Once a complaint is received, the City Administrator
will begin a prompt and thorough investigation. The investigation
may include interviews with all involved employees, including the
alleged harasser, and any employees who are aware of facts or incidents
alleged to have occurred.
(D)
Investigation Completed: Once the investigation is completed, a determination
will be made regarding the validity of harassment allegations. If
it is determined that harassment has occurred, prompt and remedial
action will be taken. Complainants who file maliciously false complaints
of sexual harassment shall be subject to disciplinary action.
[Ord. 2018-886, 12-3-2018]
(A)
Duties Of Employees And Supervisors: All employees of the City of
Lincoln, both management and non-management, are responsible for assuring
that a workplace free of harassment is maintained. Any employee may
file a harassment complaint regarding incidents experienced personally
or incidents observed in the workplace.
The City of Lincoln strives to maintain a lawful and pleasant
work environment where all employees are able to effectively perform
their work without interference of any type and requests the assistance
of all employees in this effort. City supervisors are expected to
adhere to the anti- harassment policy. If a complaint is raised, supervisors
are to act promptly to notify the City Administrator of the complaint
so that an investigation can be conducted. In instances where the
City Administrator is the subject of a violation, the matter should
be reported to the Mayor. If a supervisor fails to follow this policy
he will be disciplined. Such discipline may include termination.
(B)
Responsibility:
1.
Employees: Each individual has the responsibility to refrain from
committing harassment in the workplace.
Should an employee be unclear as to whether the conduct the
employee finds offensive is discriminatory or harassing, the employee
should contact their immediate supervisor or the City Administrator.
It is suggested but not required that, if it is within the employee's
comfort level to do so, verbally let the offending person(s) know
that the conduct is found offensive, and ask that it stop immediately
and not occur again.
Again, only if it is within the employee's comfort level
to do so, and if the offensive behavior does not stop, the employee
can write a letter to the accused detailing all the facts, describing
feelings about the behavior, and stating what the employee would like
to have happen next. It is recommended that the employee keep a copy
of any such letter. It is not necessary or required for employees
to submit a written request that the improper conduct cease.
The employee should file an official good faith complaint with
the City Administrator (who has been designated to receive complaints
and conduct investigations) or to the Mayor (who has been designated
as an alternative investigator in situations concerning the City Administrator)
without fear of retaliation. It is not necessary to make a verbal
or written request to the harasser that such harassment cease prior
to making the good faith complaint with the City Administrator will
begin investigating all complaints within 24 hours of receipt.
Should the employee feel that the issue is not resolved to his
satisfaction, the employee has the legal recourse to file a charge
of sexual harassment with the Illinois Department of Human Rights
and/or the Equal Employment Opportunity Commission. Should the employee
choose to file a charge with the Illinois Department of Human Rights
or the Equal Employment Opportunity Commission, it must be done so
within 300 days after the sexual harassment allegedly was committed.
The address of the Illinois Department of Human Rights is as follows:
222 S. College, Floor 1, Springfield, IL 62704. The address of the
Equal Employment Opportunity Commission is 500 W. Madison St., Suite
2000, Chicago, IL 60661.
2.
Management: Refrain from all forms of discrimination or harassment
at all times. If observing harassing behavior, ask the offending person(s)
to stop immediately, explaining what the conduct is, how it offends,
that it is illegal, and that it will not be tolerated. Depending upon
the seriousness of the conduct, or if the conduct continues or recurs,
file an official complaint in writing with the City Administrator
or the Mayor (the designated alternative investigator) without fear
of retaliation. The City Administrator will handle the complaint made
in good faith by conducting a complete internal investigation and
by writing up the complaint and the results of the investigation as
expeditiously as possible and in a timely fashion. The internal investigators
will make every reasonable effort to determine the facts and resolve
the situation.
[Ord. 2018-886, 12-3-2018]
(A)
Sanctions For Employees: The City of Lincoln may apply any sanction
or combination of sanctions to deal with unreasonable conduct, discrimination,
and/or harassment; there is no requirement that there be progressive
discipline. The City Administrator has the responsibility to recommend
an appropriate sanction to the Mayor. Those sanctions include but
are not limited to:
1.
Counseling or referring the offender(s).
2.
Transferring the offender(s).
3.
Probation, with a warning of suspension or discharge for continuing
or recurring offenses.
4.
Suspension without pay, during the investigation period. If it is
determined that no violation of the policy has been established, the
employee will be reimbursed for loss of pay.
5.
Discharge.
6.
Monitoring the offender(s) for prescribed period of time.
7.
Documentation of discipline and basis placed on the employee's
personnel record, in the event a policy violation is found.
(B)
Sanctions For Non-Employees: In the case of discrimination or harassment
committed by a member of an external organization or the recurrence
of sexually offensive behavior by previously reported person(s) of
an external organization, the City reserves the right to contact the
appropriate delegate within the organization so that the organization
might effectively manage the complaint internally. Should that organization
elect to ignore the complaint, the City will consider suspending business
relations with that organization until the harassment stops. All investigative
materials will be maintained in the City Administrator's Office.
