APPENDIX B – POLICIES AND PROCEDURESAPPENDIX B – POLICIES AND PROCEDURES\Harassment in the Workplace

Harassment in the Workplace

I.     PURPOSE

The purpose of this policy is to maintain a healthy work environment and to provide procedures for reporting, investigation and resolution of complaints of harassment, sexual or otherwise.

II.    DISCUSSION

It is the policy of this city that all employees have the right to work in an environment free of all forms of harassment. The city does not condone, and will not tolerate, any harassment. Therefore, the city shall take direct and immediate action to prevent such behavior, and to remedy all reported instances of harassment, sexual or otherwise.

III.   DISCUSSION

A.   PROHIBITED ACTIVITY

1.    No employee shall either explicitly or implicitly ridicule, mock, deride or belittle any person.

2.    Employees shall not make offensive or derogatory comments based on race, color, sex, religion or national origin either directly or indirectly to another person. Such harassment is a prohibited form of discrimination under state and federal employment law and is also considered misconduct subject to disciplinary action by this city.

3.    Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

a.     Submission to such conduct is made either explicitly or implicitly a term or condition of employment; or

b.    Submission to or rejection of such conduct by an employee is used as the basis for employment decisions affecting the employee; or

c.     Such conduct has the purpose or effect of unreasonably interfering with an employee’s work performance or creating an intimidating, hostile, or offensive working environment.

B.    EMPLOYEE’S RESPONSIBILITIES

1.    The city superintendent and city clerk shall be responsible for preventing acts of harassment. This responsibility includes:

a.     Monitoring the work environment on a daily basis for signs that harassment may be occurring;

b.    Counseling all employees on the types of behavior prohibited, and the agency procedures for reporting and resolving complaints of harassment;

c.     Stopping any observed acts that may be considered harassment, and ta1cing appropriate steps to intervene, whether or not the involved employees are within his line of supervision; and

d.    Taking immediate action to limit the work contact between two employees where there has been a complaint of harassment, pending investigation.

2.    The city superintendent and city clerk have the responsibility to assist any employee of this city, who comes to that person with a complaint of harassment, in documenting and filing a complaint with the mayor.

3.    Each employee of this city is responsible for assisting in the prevention of harassment through the following acts:

a.     Refraining from participation in, or encouragement of actions that could be perceived as harassment;

b.    Reporting acts of harassment to a city superintendent or city clerk; and

c.     Encouraging any employee, who confides that he is being harassed, to report these acts to either the city superintendent or city clerk.

4.    Failure to take action to stop known harassment shall be grounds for discipline.

C.    COMPLAINT PROCEDURES

1.    Employees encountering harassment shall tell the person that their actions are unwelcome and offensive. The employee shall document all incidents of harassment in order to provide the fullest basis for investigation.

2.    Any employee who believes that he is being harassed shall report the incident(s) to the city superintendent or city clerk as soon as possible so that steps may be taken to protect the employee from further harassment, and appropriate investigative and disciplinary measures may be initiated. Where this is not practical, the employee may instead file a complaint with the mayor.

a.     The city superintendent or city clerk to whom a complaint is given shall meet with the employee and document the incidents complained of, the person(s) performing or participating in the harassment, and the dates on which it occurred.

b.    The city employee taking the complaint shall expeditiously deliver the complaint to the mayor.

3.    The mayor shall be responsible for the investigation of any complaint alleging harassment.

a.     The mayor shall immediately notify the city council and the city attorney if the complaint contains evidence of criminal activity, such as battery, rape or attempted rape.

b.    The mayor shall include a determination whether other employees are being harassed by the person, and whether other city employees participated in, or encouraged the harassment.

c.     The mayor shall inform the parties involved of the outcome of the investigation.

d.    A file of harassment complaints shall be maintained by the city clerk in a secure location. The city council shall be provided with an annual summary of these complaints.

4.    There shall be no retaliation against any employee for filing a harassment complaint, or assisting, testifying, or participating in the investigation of such a complaint.

5.    Complainant or employees accused of harassment may file a grievance/appeal in accordance with city procedures when they disagree with the investigation or disposition of a harassment claim.

6.    This policy does not preclude any employee from filing a complaint or grievance with an appropriate outside agency.

(Adopted April 5, 1994; Code 2003; Code 2015)