Employee Handbook

Section 3 — EMPLOYEE RELATIONS

General Harassment

The City is committed to maintaining a working environment in which all individuals are treated with respect and dignity. Each individual has the right to work in a professional atmosphere that promotes equal employment opportunities and prohibits unlawful discriminatory practices, including harassment and retaliation. This policy is designed to create a safe and productive workplace environment for all employees.

Conduct can be inappropriate, but not technically “illegal” under state and federal laws. However, conduct does not have to rise to the level of being illegal in order to be addressed and remedied. Therefore, even if the complaint(s) does not fit into the definition of discrimination and harassment (defined below), and if the complaint(s) is found to have merit, then the City will respond with the appropriate remedial action for the situation.

The City will not tolerate unlawful harassment because of race, color, religion, national origin, gender, age, Sexual Orientation, Gender Identity, disability, or other characteristics protected by applicable state or federal laws.  

Employees are prohibited from harassing other employees in any form (such as face-to-face, Social Media posts, tweets, email, text messages, etc.) whether or not the incidents of harassment occur on City premises and whether or not the incidents occur during working hours.  

Prohibited Conduct

1. Discrimination:  It is a violation of this policy to discriminate in employment opportunities, benefits or privileges, to create discriminatory work conditions, or to use discriminatory evaluative standards in employment if the basis of that discriminatory treatment is, in whole or in part, connected to the person’s race, color, national origin, age, Sexual Orientation, Gender Identity, religion, disability status or gender.

Discrimination in violation of this policy will be subject to discipline, up to and including termination.

2. Harassment:  Harassment, including sexual harassment, is prohibited by federal and state laws. Although it is impossible to list every inappropriate conduct that could occur, unlawful harassment includes unwelcome or offensive verbal, visual or physical conduct because of a person’s protected status that threatens, intimidates, offends, demeans or coerces an employee, or that may impair an employee’s ability to do his or her job.

Examples of behaviors that are unacceptable and therefore prohibited include, but are not limited to the following:

1. Verbal: Comments that are derogatory regarding a person’s national origin, race, color, religion, gender, age, physical or mental disability or other protected status. Some examples include deliberately referring to a transgender person by his or her “biological” gender or by his or her original name, jokes relating to pregnancy or gender-biased statements, and/or use of hate words.

2. Non-verbal: Distribution or display of any written or graphic material that ridicules, denigrates, insults, belittles, or shows hostility or aversion toward an individual or group because of national origin, race, color, religion, age, gender, physical or mental disability, Gender Identity, Sexual Orientation or other protected status.

3. Sexual Harassment:  Sexual harassment in any form is prohibited. Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when submission to or rejection of such conduct is used as the basis for employment decisions or such conduct has the purpose or effect of creating an intimidating, hostile or offensive working environment.

Sexual harassment includes unsolicited and unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, when such conduct:

1. Is made explicitly or implicitly a term or condition of employment.

2. Is used as a basis for an employment decision.

3. Unreasonably interferes with an employee’s work performance or creates an intimidating, hostile or otherwise offensive environment.

Sexual harassment can involve males or females being harassed by members of either sex. Although sexual harassment typically involves a person in a greater position of authority as the harasser, individuals in positions of lesser or equal authority also can be found responsible for engaging in prohibited harassment. It is also possible for third parties, such as vendors or members of the public, to engage in prohibited harassment.

Examples of conduct that may constitute sexual harassment include, but are not limited to the following:

1. Verbal: Sexual innuendo, suggestive comments, jokes of a sexual nature, sexual propositions, lewd remarks, threats, and requests for any type of sexual favor (this includes repeated, unwelcome requests for dates). Verbal abuse or "kidding" that is sexually oriented and unwelcome.

2. Non-verbal: The distribution or display of any written or graphic material, including calendars, posters, screen savers, inappropriate web pages and cartoons that are sexually suggestive, or shows hostility toward an individual or group because of sex; suggestive or insulting sounds; leering; staring; whistling; obscene gestures; and content in letters, notes, faxes, displayed on cell phones (personal or City Owned) or e-mail that is sexual in nature.

3. Physical: Unwelcome physical contact, including but not limited to touching; tickling; pinching; patting; brushing up against; hugging; cornering; kissing; fondling; forced sexual intercourse or assault.

4. Consensual Romantic or Sexual Relationships:  If a management or supervisory employee enters into a consensual relationship that is romantic or sexual in nature with a member of his or her staff (an employee who reports directly or indirectly to him or her), or if one of the parties is in a supervisory capacity in the same department in which the other party works, the parties must notify their direct manager. Although the parties may feel that what they do during non-working hours is their personal matter, because of potential issues regarding harassment, this is a mandatory requirement. This requirement does not apply to employees who do not work in the same department or to parties who do not supervise or otherwise manage one another.

Failure to report such a relationship will result in disciplinary action, up to and including termination of employment for both or one of the parties.

After the relationship is made known, the Human Resources Director and the City Manager will determine whether one or both parties need to be moved to another job or department. This decision will be based on which move will be least disruptive to the organization as a whole.

If it is determined that one or both parties must be moved, but no jobs are available for either party, the parties will be given the option of terminating their relationship or resigning.

Retaliation

No employee will be disciplined for any of the following:

1. Filing or responding to a bona fide complaint of discrimination or harassment.

2. Appearing as a witness in the investigation of a complaint.

3. Serving as an investigator.

Retaliation or an attempt to retaliate against an individual because of activity protected by this policy is a violation of this policy, and any employee who retaliates or attempts to retaliate will be subject to disciplinary action, up to and including termination.

The Complaint Process

Employees who believe that they have been subjected to unlawful discrimination or harassment as outlined in this policy are encouraged to initially raise the matter with the alleged offending party requesting that the conduct stop. The employee is encouraged to keep a record of having done so. The City understands that sometimes it is unsafe or too uncomfortable to raise the issue with the offending party, but encourages this option, if feasible.

A respectful and dignified working environment is the responsibility of all City employees. Employees and co-workers are encouraged to intervene and/or report to a manager any behavior they feel is inappropriate towards another employee. Employees with managerial status are required to intervene and report what they observe.

An employee should immediately contact the department director or a member of the Human Resources Department if:  1) the employee is uncomfortable addressing the offending party; 2) the unlawful discriminating or harassing conduct continues; 3) the employee believes that he or she has been subjected to unlawful retaliation as outlined in this policy; or, 4) the employee believes that he or she has knowledge of such prohibited conduct. Prompt notification will ensure a timely investigation and, if appropriate, steps to prevent the occurrence of any further unlawful discrimination, harassment, or retaliation.  

All inquires, complaints and investigations are kept confidential. Information is revealed strictly on a need-to-know basis. Information contained in a formal complaint is kept confidential. However, the identity of the complainant is usually revealed to the respondent and witnesses. Federal law prohibits the City from prohibiting witnesses and co-workers from discussing a complaint, however, as professionals, we encourage that the situation be treated with respect and delicacy. Human resources will take adequate steps to ensure that the complainant is protected from retaliation during the period of the investigation.

The Human Resources Director will be responsible for ensuring that an impartial investigation begins within 10 working days after a complaint has been filed, unless circumstances exist that delay the investigation.

After the investigation has been completed, human resources will provide a written report outlining the findings and conclusions to the City Manager. If an investigation results in a finding that this policy has been violated, appropriate remedial action will be taken. This action may include, for example, training, referral to counseling or disciplinary action, reassignment, temporary suspension without pay or termination as the City believes appropriate under the circumstances. All employees who file a complaint will be advised of the determination of the investigation, but will not be informed of the specific action taken.

No record of a complaint is kept in the complainant’s personnel file unless the investigation concludes that the complaint was reckless, frivolous, or vexatious in filing the complaint. No record of a complaint is kept in the alleged offender’s file unless that allegation has been found to be substantiated in a formal investigation.

Other Methods of Reporting

The City also utilizes both the Employee Reporting Form for City employees and the Fraud & Ethics Hotline as additional methods for employees to report harassment or inappropriate conduct, fraud, or ethical violations.

See also: Section 3.3, Employee Communication Form and Hotline

Employee Reporting Form

Alternatives

If an employee is dissatisfied with the result of this procedure, he or she can utilize the Dispute Resolution Policy. See also Section 3.6, Dispute Resolution.

The procedure available under this policy does not preempt or supersede any legal procedures or remedies otherwise available to a victim of discrimination or harassment under state or federal law.