<?xml version='1.0' encoding='utf-8'?>
<baltimore-city-law heading="Policy AM-204-18 Equal Employment Opportunity">
  <section prefix="Policy" num="AM-204-18" heading="Equal Employment Opportunity">
    <text>As part of our ongoing commitment to equal employment opportunity, the City of Baltimore adopts the following policy and procedures to ensure compliance with local, state, and federal laws prohibiting discrimination in employment. The concepts of equal opportunity and fair treatment are core values of Baltimore City government, and City Agencies constantly strive to promote a professional work environment that is free from unlawful discrimination and harassment.</text>
    <text>This policy applies to all City employees, including full and part-time, probationary, seasonal, temporary, at-will, as well as elected officials and their appointed staff. Additionally, independent contractors, vendors, volunteers and visitors must refrain from engaging in behavior that violates this policy.</text>
    <para num="1." heading="COMMITMENT TO INCLUSION AND NON-DISCRIMINATION">The City of Baltimore understands that the success of every City Agency depends on the ability to attract and retain the best available talent and to help those individuals reach their fullest potential. Accordingly, the City remains firmly committed to equal employment opportunity for all employees and job applicants and to developing a highly talented and diverse workforce that can deliver the best possible services to the citizens of Baltimore.
City Agencies will base all employment decisions individual merit, qualifications, experience and skills, without regard to such factors as race, color, age, national origin, ancestry, marital status, sexual orientation, gender, religion, veteran status, physical or mental disability, genetic information, gender identity or expression or any other status protected by law. They will ensure equal opportunity in all aspects of employment, including recruitment, hiring, termination, discipline, transfers, training and career development, work assignments, promotions and demotions, compensation, benefit administration and all other terms and conditions of employment. All forms of unlawful discrimination are strictly prohibited.
Through the implementation of this policy, the City aims to create a diverse and inclusive workplace in which all employees feel they belong and can make meaningful contributions to City government. By fostering a level playing field for all employees, the City enhances the progress of individuals and the community they serve.</para>
    <para num="2." heading="PROHIBITION AGAINST HARASSMENT AND SEXUAL HARASSMENT">All employees have a right to work in an environment free from the demoralizing effects of unlawful harassment. For this reason, harassment based on race, color, age, national origin, ancestry, marital status, sexual orientation, gender, religion, veteran status, physical or mental disability, genetic information, gender identity or expression or any other status protected by law will not be tolerated.
Inappropriate harassing behavior may include, but is not limited to, verbal abuse, slurs and negative stereotyping, offensive jokes and comments, threatening or intimidating behavior, the display or circulation of offensive objects and materials (including offensive graffiti, photographs, cartoons, texts and emails) and any other behavior meant to mistreat someone because of his or her race, color, religion, ethnicity, national origin, gender, marital status, age, disability, sexual orientation, gender identity or expression or veterans status.
This policy also prohibits sexual harassment. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, sexually suggestive or offensive language or other sexual conduct that unreasonably interferes with an individual’s work performance or creates an intimidating, hostile or offensive work environment. Examples of sexual harassment includes, but are not limited to: a) repeated and unwelcome sexual advances or requests for sexual favors; b) offensive comments, jokes and innuendo; c) sexually graphic or degrading comments about appearance; d) sexually offensive gestures, whistling and leering; e) offensive physical contact (such as patting, grabbing, pinching or brushing up against someone); and f) displaying or circulating sexually suggestive objects and materials (including inappropriate photographs, cartoons, posters, texts and emails).
Under no circumstances may a supervisor or manager: 1) offer or provide an employment benefit in exchange for sexual favors; or 2) take (or threaten to take) an adverse employment action because someone refused to perform a sexual favor.
Employees are expected to conduct themselves in a professional manner at all times while they are working, whether on or off City property or outside regular work hours. The policy also applies during work-related business and social events.</para>
    <para num="3." heading="CONSEQUENCES FOR VIOLATIONS">The City’s policy is one of zero-tolerance for discrimination and harassment. Accordingly, any employee found in violation of this policy will be subject to disciplinary action, up to and including discharge from employment.
In addition, any vendor, contractor, volunteer or visitor who engages in behavior prohibited by this policy will be so advised and asked to immediately cease the offending behavior. If compliance is not forthcoming, the City may terminate its relationship with the individual and/or remove the person from City property.</para>
    <para num="4." heading="REPORTING AND COMPLAINT PROCEDURES">Everyone in City government has a shared responsibility for creating and maintaining a workplace that is free of discrimination and harassment. To that end, all employees are responsible for conducting themselves professionally and for reporting violations of this policy. Supervisors at all levels are responsible for ensuring full compliance with this policy in their respective work areas. Any supervisor who has knowledge of discriminatory or harassing behavior and fails to correct and/or report it will be subject to disciplinary action, up to and including discharge from employment.
Concerns about discrimination or harassment should be brought to the attention of a supervisor or manager, an HR Representative or an Equal Opportunity Compliance (EOC) Officer assigned to the agency. Where a complaint is first received by a supervisor, the supervisor shall promptly refer the matter to an HR Representative or an EOC Officer.
The City encourages prompt reporting so that potential problems can be addressed before a situation escalates. To facilitate prompt reporting, individuals may bring a complaint either orally or in writing.
Agencies shall investigate concerns about harassment and discrimination and take prompt and effective corrective action where appropriate. Individuals asked to participate in the investigation of a complaint, including the complainant, will be expected to give their full cooperation until the matter has been resolved.</para>
    <para num="5." heading="NO RETALIATION">This policy strictly prohibits retaliation against any individual for having: 1) made a complaint of discrimination or harassment; 2) opposed discrimination or harassment at work; or 3) participated in a complaint investigation. Anyone found to have engaged in retaliation in violation of this policy will be subject to disciplinary action, up to and including discharge from employment. In the case of a non-employee found to have engaged in retaliation, the City may direct the individual to cease the retaliatory behavior, terminate its relationship with the individual and/or remove him or her from City property.
Concerns about retaliation should be immediately reported to a supervisor, an agency HR Representative or an EOC Officer. Agencies shall promptly investigate such concerns and take appropriate corrective action when necessary.</para>
    <annotation type="History">February 19, 2013</annotation>
    <annotation type="History">August 15, 2018</annotation>
  </section>
</baltimore-city-law>
