Harassment because of race, sex, gender, place of origin, color,
ethnic origin, citizenship, age, sexual orientation, disability or
any other legally protected status is illegal. All City employees,
including but not limited to appointed or elected officials, are forbidden
from engaging in any such activity in any manner. The City of Mount
Vernon is committed to providing a workplace free from any and all
forms of harassment or intimidation.
A. This policy applies to all City employees, including but not limited
to elected or appointed officials, whether related to conduct engaged
in by an employee or someone not directly connected to the City (e.g.,
outside vendors or consultants).
B. This policy includes, but is not limited to, inappropriate forms
of behavior described below under the definition of "harassment."
To assure compliance with this policy, Commissioners, Deputy Commissioners
and/or any other supervisory or managerial personnel must take timely
and appropriate corrective action when instances of harassment come
to their attention, in consultation with the Department of Human Resources.
[Amended 6-10-2009, approved 6-11-2009]
C. Appropriate disciplinary action will be taken against any individual
who violates this policy and may include termination.
D. Employees will be held responsible and accountable for avoiding or
eliminating prohibited conduct.
E. Retaliation against any individual because he or she has filed a
discrimination or harassment complaint is illegal and will result
in disciplinary action. Intimidation, coercion, threats, reprisals,
or discrimination against any individual resulting from the filing
of a complaint under this policy are all strictly prohibited.
F. Filing false complaints of harassment, in bad faith, may be the subject
of appropriate disciplinary action, including termination.
As used in this article, the following terms shall have the
meanings as indicated:
HARASSMENT
A.
When, with the intent to harass, annoy, threaten or alarm another
person, he or she:
(1)
Either:
(a)
Communicates with a person, anonymously or otherwise, by telephone,
mail, e-mail or any other form of written or oral communication, in
a manner likely to cause annoyance or alarm; or
(b)
Causes a communication to be initiated, by mechanical or electronic
means or otherwise, with a person, anonymously or otherwise, by telephone,
mail, or any other form of written communication, in a manner likely
to cause annoyance or alarm; or
(2)
Makes a telephone call or sends an e-mail or a letter, whether
or not a conversation ensues, with no purpose of legitimate communication;
or
(3)
Strikes, shoves, kicks, or otherwise subjects another to physical
contact, or attempts or threatens to do same, because of a belief
or perception regarding such person's race, color, national origin,
ancestry, gender, religion, religious practice, age, disability or
sexual orientation, regardless of whether the belief or perception
is correct; or
(4)
Follows a person in or about a public or private place or places
or by engaging in a course of conduct or by repeatedly committing
acts which place such person in reasonable fear of physical injury;
or
(5)
Engages in behavior that is not welcome, is or would be offensive
to a person of reasonable sensitivity and sensibilities, and unreasonably
interferes with an employee's work performance and effectiveness,
or creates an intimidating, hostile or offensive working environment.
B.
Specific forms of behavior that constitute harassment:
(1)
Verbal:
(a)
Abusive language, including suggestive, derogatory or insulting
words, sounds, comments, jokes, or threats.
(b)
Any explicit or implicit threat of retribution, or promises
of benefits in return for sexual or any other favors.
(2)
Physical:
(a)
Any contact whatsoever or resulting contact that is not welcomed,
including but not limited to touching, petting, hitting, grabbing,
shoving, striking, kicking or holding.