Policy AM-226-1 Sexual Harassment

The purpose of this policy is to define sexual harassment, provide guidelines to an employee who believes that they have been subjected to sexual harassment, provide procedures that management can use to investigate sexual harassment claims, and ensure that violations are remedied.

This Policy applies to all City employees, including regular 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.

“Unwelcome sexual advances, request for sexual favors and other verbal and physical conduct of a sexual nature constitute sexual 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 individuals, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.” While sexual harassment encompasses a wide range of conduct, some examples of specifically prohibited conduct include: <ul> <li>Promising, directly or indirectly, an employee a reward, if the employee complies with a sexually oriented request;</li> <li>Threatening, directly or indirectly, to retaliate against an employee, if the employee refuses to comply with a sexually oriented request;</li> <li>Denying, directly or indirectly, an employee an employment-related opportunity, if the employee refuses to comply with a sexually oriented request;</li> <li>Engaging in sexually suggestive physical contact or touching another employee in a way that is unwelcome;</li> <li>Displaying, storing, or transmitting pornographic sexually oriented materials using the City’s equipment or facilities;</li> <li>Engaging in indecent exposure;</li> <li>Making sexual or romantic advances toward an employee and persisting despite the employee’s rejection of the advances;</li> <li>Unwanted sexual jokes, flirtations, or propositions, or obscene comments or gestures of a sexual nature made in the presence of others;</li> <li>Unwanted or suggestive leering, whistling, pinching, or insulting; or</li> <li>Inappropriate comments based on an employee’s sex (e.g., commenting on an employee’s menstrual cycle or private body parts).</li> </ul> These types of behavior are unacceptable at any City work location, or in such work settings as business trips, and at business related social events. All City employees, and particularly managers and supervisors, have a responsibility for keeping the work environment free of harassment. Sexual harassment can be physical and/or psychological in nature. An aggregation of a series of incidents can constitute sexual harassment even if one of the incidents considered on its own would not be harassing.

Decisions made regarding complaints of sexual harassment are usually expressed as findings of “probable cause” or “no probable cause.” Probable cause is when there is reasonable ground to believe that the charges of harassment on the basis of sex are valid. No probable cause is when there is reasonable ground to believe that the charges of harassment on the basis of sex are untrue and without basis in fact. A regulatory Agency finding of “no probable cause” is accompanied by a “RIGHT TO SUE NOTICE.” Even if the outside Agency finds no probable cause, the complainant has a right to sue the employer under Title VII of the Civil Rights Act of 1964, assuming a timely charge was filed. The complainant may exercise a right to sue in federal court within ninety (90) days upon receipt of a decision rendered by the regulatory Agency.

No employee will be subject to, and it is the City’s Policy to strictly prohibit, any form of discipline in retaliation for reporting any incident or situation of discrimination or harassment, pursuing any claim of discrimination or harassment, or otherwise participating or cooperating in any investigation of a complaint of discrimination or harassment.

All efforts should be made to identify problems and resolve complaints in an expeditious and unequivocal manner. The failure of an employee to complain to Agency administration or management does not insulate the City from liability for the supervisor’s conduct.

This Policy was issued pursuant to <em><cite data-path="§AM-002-1">AM-002-1</cite></em>and <em><cite data-path="§AM-002-1-2">AM-002-1-2</cite> Administrative Manual</em> wherein the Department of Human Resources recommended changes to the Administrative Manual to the Board of Estimates for approval.

The Department of Human Resources reserves the right to revise or eliminate this Policy at any time. The City’s Board of Estimates reserves the right to approve proposed policy revisions or eliminations as determined by the Department of Human Resources.