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HomeMy WebLinkAbout#4092 Sexual Harassmenht Policy ORDINANCE NO 4092 AN ORDINANCE ADOPTING A REVISED SEXUAL HARASSMENT POLICY FOR THE CITY OF CANTON, ILLINOIS. WHEREAS, it is the intent of the City of Canton, Illinois that all employees have the right to work in an environment that is free of unlawful discrimination and harassment, including sexual harassment; and WHEREAS, by Resolution No.3260 was adopted on November 15, 1994 and Resolution No. 3949 was adopted on February 15, 2011, which contained the prior versions of the Sexual Harassment Policy; and WHEREAS, the Illinois General Assembly has recently enacted Public Act 100-0554 an Act concerning Government, which became effective immediately, dated November 16, 2017, requiring the City of Canton and other governmental units to adopt an Ordinance establishing a policy to prohibit sexual harassment; WHEREAS, the Legal and Ordinance Committee has determined that it is necessary and in the best interests of the City of Canton that the revisions in the attached Sexual Harassment Policy for the City of Canton be adopted and that all prior existing Sexual Harassment Policies of the City of Canton be superseded by this Ordinance and the new Policy attached herein; WHEREAS, the Canton City Council has made a similar determination. NOW, THEREFORE, BE IT ORDAINED AND RESOLVED by the City Council of the City of Canton, Fulton County, Illinois as follows: SECTION 1: a. That the City of Canton Sexual Harassment Policy, attached as Exhibit A to this Ordinance is hereby adopted; b. That this Ordinance shall be in full force and effect on December 19, 2017; c. That the City Clerk is hereby authorized and directed to distribute said policy to all current and future employees PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this 19TH_day of December, 2017 upon a roll call vote as follows: AYE'S: Alderman Ryan Mayhew, Chris Jump,John Lovell,Craig West, Tad Putrich,Angeila Lingenfelter,Justin Nelson NAYE'S: ABSENT Alderwoman Angela Hale APPROVED: \\ Mayor Kent McDow&,ll ATTE �/ ," City -rk Jana`-aavley CITY OF CANTON POLICY PROHIBITING SEXUAL HARASSMENT L PROHIBITION ON SEXUAL HARASSMENT The City of Canton is committed to maintaining a work environment that encourages and fosters appropriate conduct amount colleagues and respect for individual values and sensibilities. Accordingly, the City officers and administration are committed to enforcing its Sexual Harassment Policy at all levels within the work place and crating an environment free from discrimination of any kind, including sexual harassment. It is unlawful to harass a person because of that person's sex. The courts have determined that sexual harassment is a form of discrimination under Title VII of the U.S. Civil Rights Act of 1964, as amended in 1991. All persons have a right to work in an environment free from sexual harassment. Sexual harassment is unacceptable misconduct which affects individuals of all genders and sexual orientations. It is a policy of the City of Canton to prohibit harassment of any person by any municipal official, municipal agent, municipal employee or municipal agency or office on the basis of sex or gender. All municipal officials, municipal agents, municipal employees and municipal agencies or offices are prohibited from sexually harassing any person, regardless of any employment relationship or lack thereof. II DEFINITION OF SEXUAL HARASSMENT This policy adopts the definition of sexual harassment as stated in the Illinois Human Rights Act, which currently defines sexual harassment as: Any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature 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 interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment. Conduct which may constitute sexual harassment includes: • Verbal: sexual innuendos, suggestive comments, insults, humor, and jokes about sex, anatomy or gender-specific traits, sexual propositions, threats, repeated requests for dates, or statements about other employees, even outside of their presence, of a sexual nature. • Non-verbal: suggestive or insulting sounds (whistling), leering, obscene gestures, sexually suggestive bodily gestures, "catcalls", "smacking" or"kissing" noises. • Visual: posters, signs, pin-ups or slogans of a sexual nature, viewing pornographic material or websites. • Physical: touching, unwelcome hugging or kissing, pinching, brushing the body, any coerced sexual act or actual assault. 1 • Textual/Electronic: "sexting" (electronically sending messages with sexual content, including pictures and video), the use of sexually explicit language, harassment, cyber stalking and threats via all forms of electronic communication (e-mail, text/picture/video messages, intranet/on-line postings, blogs, instant messages and social network websites like Facebook and Twitter). The most severe and overt forms of sexual harassment are easier to determine. On the other end of the spectrum, some sexual harassment is more subtle and depends, to some extent, on individual perception and interpretation. The courts will assess sexual harassment by a standard of what would offend a "reasonable person." !!!. PROCEDURE FOR REPORTING AN ALLEGATION OF SEXUAL HARASSMENT An employee who either observes sexual harassment or believes herself/himself to be the object of sexual harassment should deal with the incident(s) as directly and firmly as possible by clearly communicating her/his position to the offending employee, and her/his immediate supervisor. It is not necessary for sexual harassment to be directed at the person making the report. Any employee may report conduct which is believed to be sexual harassment, including the following: • Electronic/Direct Communication. If there is sexual harassing behavior in the workplace, the harassed employee should directly and clearly express her/his objection that the conduct is unwelcome and request that the offending behavior stop. The initial message may be verbal. If subsequent messages are needed, they should be put in writing in a note or a memo. • Contact with Supervisory Personnel. At the same time direct communication is undertaken, or in the event the employee feels threatened or intimidated by the situation, the problem must be promptly reported to the immediate supervisor of the person making the report, a department head, a director of human resources, an ethics officer, the city manager or administrator, or the chief executive officer of the municipality. The employee experiencing what he or she believes to be sexual harassment must not assume that the employer is aware of the conduct. If there are no witnesses and thevictim fails to notify a supervisor or other responsible officer, the municipality will not be presumed to have knowledge of the harassment. • Resolution Outside Municipality. The purpose of this policy is to establish prompt, thorough and effective procedures for responding to every report and incident so that problems can be identified and remedied by the municipality. However, all municipal employees have the right to contact the Illinois Department of Human Rights (IDHR) or the Equal Employment Opportunity Commission (EEOC) for information regarding filing a formal complaint with those entities. An IDIIR complaint must be filed within 2 180 days of the alleged incident(s) unless it is a continuing offense. A complaint with the EEOC must be filed within 300 days. Documentation of any incident may be submitted with any report (what was said or done, the date, the time and the place), including, but not limited to, written records such as letters, notes, memos and telephone messages. All allegations, including anonymous reports, will be accepted and investigated regardless of how the matter comes to the attention of the municipality. However, because of the serious implications of sexual harassment charges and the difficulties associated with their investigation and the questions of credibility involved, the claimant's willing cooperation is a vital component of an effective inquiry and an appropriate outcome. Investigation of Complaint: When a complaint has been reduced to writing, the immediate supervisor or the individual informed who works in a supervisor capacity, shall initiate an investigation of the suspected sexual harassment within five (5) working days of notification. If necessary, the immediate supervisor shall designate another supervisory or management employee of the opposite sex to assess him/her or the alternate individual in the investigation. If the immediate supervisor is subject of the investigation, the investigation will include an interview with the employee (2) who made the initial report, the person(s) towards whom the suspected harassment was directed and the individual(s) accused of the harassment. Report: The immediate supervisor or designated person responsible for investigating the complaint shall prepare a written report within ten (10) working days from notification of the suspected harassment unless extenuating circumstances prevent him/her from doing so. The report shall include a finding that sexual harassment occurred. A copy of the report will be given to the employee(s) to whom the suspected harassment was directed, and the employee(s) suspected of the harassment. Records; Confidentiality: Employees who report incidents of sexual harassment are encouraged to keep written notes in order to accurately record the offensive conduct. Every effort shall be made to keep all matters related to the investigation and various reports confidential, subject to the State of Illinois Freedom of Information Act. In the event of a lawsuit, however, the City advises that records it maintains and the complainant maintains may not be considered privileged from disclosure. Written records will be maintained for four(4) years from the date of resolution unless new circumstances dictate that the file should be kept for a longer period of time. Appeals Process: If either party directly involved in a sexual harassment investigation is dissatisfied with the outcome or resolution, that individual has a right to appeal the decision. The dissatisfied party should submit his/her written comments in a timely manner to the Mayor or Chairman of the Negotiations, Grievance, and Personnel Committee. 3 /V. PROHIBITION ON RETALIATION FOR REPORTING SEXUAL HARASSMENT ALLEGATIONS No municipal official, municipal agency, municipal employee or municipal agency or office shall take any retaliatory action against any municipal employee due to a municipal employee's: I. Disclosure or threatened disclosure of any violation of this policy, 2. The provision of information related to or testimony before any public body conducting an investigation, hearing or inquiry into any violation of this policy, or 3. Assistance or participation in a proceeding to enforce the provisions of this policy. For the purposes of this policy, retaliatory action means the reprimand, discharge, suspension, demotion, denial of promotion or transfer, or change in the terms or conditions of employment of any municipal employee that is taken in retaliation for a municipal employee's involvement in protected activity pursuant to this policy. No individual making a report will be retaliated against even if a report made in good faith is not substantiated. In addition, any witness will be protected from retaliation. Similar to the prohibition against retaliation contained herein, the State Officials and Employees Ethics Act (5 ILCS 430/15-10) provides whistleblower protection from retaliatory action such as reprimand, discharge, suspension, demotion, or denial of promotion or transfer that occurs in retaliation for an employee who does any of the following: I. Discloses or threatens to disclose to a supervisor or to a public body an activity, policy, or practice of any officer, member, State agency, or other State employee that the State employee reasonably believes is in violation of a law, rule, or regulation, 2. Provides information to or testifies before any public body conducting an investigation, hearing, or inquiry into any violation of a law, rule, or regulation by any officer, member, State agency or other State employee, or 3. Assists or participates in a proceeding to enforce the provisions of the State Officials and Employees Ethics Act. Pursuant to the Whistleblower Act (740 ILCS 174/15(a)), an employer may not retaliate against an employee who discloses information in a court, an administrative hearing, or before a legislative commission or committee, or in any other proceeding, where the employee has reasonable cause to believe that the information discloses a violation of a State or federal law, rule, or regulation. In addition, an employer may not retaliate against an employee for disclosing information to a government or law enforcement agency, where the employee has reasonable cause to believe that the information discloses a violation of a State or federal law, rule, or regulation. (740 ILCS 174/15(b)). According to the Illinois Human Rights Act (775 ILCS 5/6-101), it is a civil rights violation for a person, or for two or more people to conspire, to retaliate against a person because he/she has opposed that which he/she reasonably and in good faith believes to be sexual harassment in employment, because he/she has made a charge, filed a complaint, testified, assisted, or participated in an investigation, proceeding, or hearing under the Illinois Human Rights Act. 4 An employee who is suddenly transferred to a lower paying job or passed over for a promotion after filing a complaint with IDHR or EEOC, may file a retaliation charge—due within 180 days (IDHR) or 300 days (EEOC) of the alleged retaliation. V CONSEQUENCES OF A VIOLATION OF THE PROHIBITION ON SEXUAL HARASSMENT In addition to any and all other discipline that may be applicable pursuant to municipal policies, employment agreements, procedures, employee handbooks and/or collective bargaining agreement, any person who violates this policy or the Prohibition on Sexual Harassment contained in 5 ILCS 430/5-65, may be subject to a fine of up to $5,000 per offense, applicable discipline or discharge by the municipality and any applicable fines and penalties established pursuant to local ordinance, State law or Federal law. Each violation may constitute a separate offense. Any discipline imposed by the municipality shall be separate and distinct from any penalty imposed by an ethics commission and any fines or penalties imposed by a court of law or a State or Federal agency. Disciplinary action will be taken against any employee found to have engaged in sexual harassment of any other employee. The extent of sanctions may depend in part upon the length and conditions of employment of the particular employee and the nature of the offense. The City has the right to apply any sanction or combination of sanctions, up to and including discharge,to deal with unreasonable conduct or discrimination. Where a hostile work environment has been found to exist,the City will take all reasonable steps to eliminate the conduct creating such an environment. VI CONSEQUENCES FOR KNOWINGLY MAKING A FALSE REPORT A false report is a report of sexual harassment made by an accuser using the sexual harassment report to accomplish some end other than stopping sexual harassment or retaliation for reporting sexual harassment. A false report is not a report made in good faith which cannot be proven. Given the seriousness of the consequences for the accused, a false or frivolous report is a severe offense that can itself result in disciplinary action. Any person who intentionally makes a false report alleging a violation of any provision of this policy shall be subject to discipline or discharge pursuant to applicable municipal policies, employment agreements, procedures, employee handbooks and/or collective bargaining agreements. In addition, any person who intentionally makes a false report alleging a violation of any provision of the State Officials and Employees Ethics Act to an ethics commission, an inspector general, the State Police, a State's Attorney, the Attorney General, or any other law enforcement official is guilty of a Class A misdemeanor. An ethics commission may levy an administrative fine of up to $5,000 against any person who intentionally makes a false, frivolous or bad faith allegation. 5 VII. Education/Training Education and training for employees at each level of the work force are critical to the success of the City's policy against sexual harassment. The sexual harassment policy will be sent to all current employees who will be asked to sign a receipt for and read the policy. As part of general orientation, each recently hired employee will be given a copy of and requested to sign a receipt for and read the City's sexual harassment policy so that they are on notice of the standards of behavior expected. All employees will participate on City time in annual or bi-annual seminars that describe workplace sexual harassment or harassment in general and tech strategies for resisting and preventing sexual and other forms of harassment. Employees with supervisory authority over other employees, and all employees, and all employees working in a managerial capacity, will receive further training on duties of supervisory personnel. LEGAL RIGHTS UNDER LAW Any Employee who believes s/he has been subjected to sexual harassment has the right to file a complaint with the Illinois Department of Human Rights, 100 West Randolph Street, Chicago, Illinois 60601; 312-814-6245-ando/ r the Equal Employment Opportunity Commission, 500 West Madison, Suite 2800, Chicago, Illinois 60661; 312-353-2713. Th e Illinois Human Rights Act provides that complaints of harassment must be filed within 180 days of the alleged incident. A complaint with the EEOC must be filed within 300 days of the alleged incident. It is also a violation of Section 6-101 of the Illinois Human Rights Act to retaliate against an employee for opposing or complaining about conduct believed to be a violation of the Act. NOTE: The City reserves the right to amend the policy from time to time. EMPLOYEE ACKNOWLEDGMENT This will acknowledge that I have been given a copy of the City's " Sexual Harassment Policy." I understand that it is my responsibility and obligation to read and review this policy carefully, to direct questions about the policy and to report alleged violations of the policy to the City Administrator or the City Attorney and to be in full compliance with this policy at all times. I understand my department may have a more specific policy on this matter and this city-wide policy is in addition to, not a replacement of, a department-specific policy. 6 Name: Date: 7