R2017-149 Adopting Policy Prohibiting Sexual Harassment

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harassment when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or(3) such conduct has the purpose or effect of substantially or unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. Sexual harassment may include both verbal and non- verbal behavior such as sexual propositions, innuendo, suggestive comments, sexually oriented jokes or teasing, unwelcome physical contact such as patting, pinching or brushing against another, statements about other employees, even outside of their presence, of a sexual nature, obscene or sexually suggestive gestures or noises, signs or materials of a sexual nature and/or the use of electronic devices and social media sites to harass or threaten. For purposes of this definition, the phrase "working environment" is not limited to a physical location an employee is assigned to perform his or her duties and does not require an employment relationship. Employees should promptly report incidents of sexual harassment in the workplace to the employee's supervisor and the City's EEO Officer (Human Resources Manager) at 424-2805. The EEO Officer, or his/her designee, will conduct thorough, prompt, and confidential investigations of the allegations. In cases of incidents of sexual harassment by an employee's supervisor, reports should be made to the offending supervisor's supervisor and to the City's EEO Officer. Incidents may also be reported to the Illinois Department of Human Rights. Retaliation for reporting sexual harassment allegations is prohibited as set forth in Section 2.5 of this Policy and may be protected under the Illinois Sexual Harassment Act, the Whistleblower Protection Act of 1989 and the Illinois Human Rights Act. Sexual harassment is considered a form of sex discrimination. If relief is not obtained through informal means, employees may also file discrimination complaints on such matters with state, and/or federal civil rights agencies. Procedures for filing such complaints are explained in section 2.1 of this Policy. Annually, the City Manager will issue a letter to all employees reiterating the City's "zero tolerance" policy regarding sexual harassment. Training on this policy will be provided to all new employees by the Human Resources Division. The City's Training Officer will assist with these tasks by coordinating new employee orientations and periodic refresher training on the subject. Such refresher training should be made available on a three (3) year cycle, and at any time material changes are made to this policy. The City Manager shall have final authority regarding disciplinary action for sexual harassment and/or retaliation. 2.3 Harassment. Harassment on the basis of any other protected characteristic is also prohibited. Harassment is verbal or physical conduct that denigrates or shows hostility or aversion toward an individual because of his/her race, color, religion, sex, sexual orientation, national origin, age, disability, marital status, citizenship or any other characteristic protected by law, and that: (1) has the purpose or effect of creating an intimidating, hostile or offensive work environment; (2) has the purpose or effect of unreasonably interfering with an individual's work performance; or (3) otherwise adversely affects an individual's employment opportunities. Harassing conduct includes, but is not limited to: epithets, slurs or negative stereotyping; threatening, intimidating or hostile acts; denigrating jokes; and written or graphic material that is placed on the employer's premises or circulated in the workplace (including 2