[HISTORY: Adopted by the City Council of the City of Fairfax 11-7-1996. Amendments noted where applicable.]
It is the policy of the City to create and maintain a workplace atmosphere free of harassment and discrimination. In keeping with this commitment, the City maintains a strict policy prohibiting unlawful harassment, including sexual harassment. This policy prohibits harassment in any form, including verbal and physical harassment.
As used in this policy, the following terms shall have the meanings indicated:
- Includes all employees, whether permanent or temporary, full- or part-time, together with all members of any boards or commissions associated with the City, including: the City Council, Mayor, HRA, EDA, Police Commission, and Fire Department.
This policy is intended to make all employees sensitive to the matter of sexual harassment, to express the City's strong disapproval of unlawful sexual harassment, to advise employees of their behavioral obligations and to inform them of their rights.
Any employee of the City found to have acted in violation of this policy will be subject to appropriate disciplinary action, which may include termination.
To provide employees with a better understanding of what constitutes sexual harassment, the following definition, based on Minnesota Statutes, is provided:
Sexual harassment includes unwelcome sexual advances, request for sexual favors, sexually motivated physical contact, or other verbal or physical conduct or communication of a sexual nature, when:
Submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of an individual's employment; or
Submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual's employment; or
That conduct or communication has the purpose or effect of substantially interfering with an individual's employment or creates an intimidating, hostile, or offensive work environment; and the employer knows or should know of the existence of the harassment and fails to take timely and appropriate action; or
Such conduct is based on sex and would have not occurred "but for" sex of the victim even though it is not clearly sexual in nature or an explicit sexual advance.
Employees who feel that they have been victims of sexual harassment, or the use of sexual overtones as a means of creating stress should immediately report their concerns to any of the following:
In addition to notifying one of the above persons and stating the nature of the harassment, the employee is also urged to take the following steps:
Make it clear to the harasser that the conduct is unwelcome and document that conversation;
Document the occurrences of harassment;
Submit the documented complaints to your supervisor, or the Clerk-Treasurer. We urge the employee to put the complaint in writing;
Document any further harassment or reprisals that occur after the complaint is made.
The City of Fairfax will, in all cases, take action to correct any reported harassment to the extent evidence is available to verify the alleged harassment and any related retaliation. All allegations will be investigated. Strict confidentiality is not possible in all cases of sexual harassment as the accused has the right to answer charges made against them; particularly if discipline is a possible outcome. Reasonable efforts will be made to respect the confidentiality of the individuals involved, to the extent possible.