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Home My WebLink About#4179 Sexual Harassment h ORDINANCE NO. 4179 AN ORDINANCE AMENDING CHAPTER 28 (SEXUAL HARASSMENT) OF TITLE 1 OF THE CITY CODE OF THE CITY OF CANTON ADOPTED BY THE CITY COUNCIL OF THE CITY OF CANTON ILLINOIS: JANUARY 21, 2020 PUBLISHED BY THE CITY CLERK PURSUANT TO THE AUTHORITY OF THE CITY COUNCIL OF THE CITY OF CANTON: JANUARY 21, 2020 STATE OF ILLINOIS ) ) SS. COUNTY OF FULTON ) CERTIFICATE I, Diana Pavley-Rock, certify that I am the duly elected City Clerk of the CITY OF CANTON, FULTON COUNTY, ILLINOIS. further certify that on January 21, 2020 , the City Council of such municipality passed and approved Ordinance No 4179 entitled: AN ORDINANCE AMENDING APTER 28 (SEXUAL HARASSMENT) OF TITLE 1 OF THE CITY CODE OF THE CITY OF CANTON which proved by its terms that it should be published in pamphlet form. The pamphlet for Ordinance No. 4179 including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted at City Hall, 2 North Main Street Canton IL, commencing on January 21, 2020 , and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the Office of the City Clerk. DATED AT CANTON, ILLINOIS, THIS T AY OF January 2020 Diana Pavl - ock, CMC, City Clerk Seal City of Canton, Illinois ORDINANCE NO .4179 AN ORDINANCE AMENDING CHAPTER 28 (SEXUAL HARASSMENT) OF TITLE 1 OF THE CITY CODE OF THE CITY OF CANTON. WHEREAS, the Illinois General Assembly has recently enacted Public Act 101-221, an Act concerning employment, which became effective January 1, 2020 (the "Act"); WHEREAS, the Act amended the definition of"Sexual Harassment" as set forth in 775 ILCS 5/2-101(E); WHEREAS, pursuant to the Act, beginning July 1, 2020, and by each July 1 thereafter, the City of Canton shall make required disclosures of certain adverse judgment or administrative rulings against it in the preceding calendar year, as provided in 775 ILCS 5/2-108, to the Illinois Department of Human Rights on an annual basis; WHEREAS, the Act also requires that the City provide sexual harassment prevention training at least once per year to all employees; WHEREAS, the City Council of the City of Canton finds it to be in the best interests of the City of Canton to amend Title 1,Chapter 28 (Sexual Harassment)to recognize these legislative amendments; and WHEREAS, should any section or provision of this Ordinance or any adopted Policy Prohibiting Sexual Harassment be declared to be invalid,that decision shall not affect the validity of this Ordinance or adopted Policy Prohibiting Sexual Harassment as a whole or any part thereof, other than the part so declared to be invalid; NOW, THEREFORE, be it ordained by the corporate authorities of City of Canton the following: Section 1. Section 1-28-2 ("Definition of Sexual Harassment") of the City Code is hereby replaced and amended to read as follows: (A) This chapter adopts the definition of sexual harassment as stated in the Illinois Human Rights Act. At the time of this Ordinance, "sexual harassment" means 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. 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. (B) Conduct which may constitute sexual harassment includes: 1. 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. 2. Non-verbal: Suggestive or insulting sounds (whistling), leering, obscene gestures, sexually suggestive bodily gestures, "catcalls", "smacking" or "kissing" noises. 3. Visual: Posters, signs, pin-ups or slogans of a sexual nature, viewing pornographic material or websites. 4. Physical: Touching, unwelcome hugging or kissing, pinching, brushing the body, any coerced sexual act or actual assault. 5. 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". Section 2. Section 1-28-3(A)(2) of the City Code is hereby replaced and amended to state as follows: 2. 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 Clerk, or the Mayor. Section 3. Section 1-28-7 ("Education/Training") of the City Code is hereby replaced and amended to state as follows: 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 of the City may be adopted by Resolution and shall substantially contain the terms and conditions of this Chapter. The sexual harassment policy will be sent to all current employees and said employees 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. The City Clerk shall cause sexual harassment prevention training to be provided to all City employees at least once per year.The sexual harassment prevention training shall be consistent with and meet the standards of any training required by Illinois law, including without limitation, the Illinois Human Rights Act. All employees shall participate on City time, at least annually, in any sexual harassment prevention training required by the City or other discrimination and harassment prevention training as required by law. Employees with supervisory authority over other employees, and all employees, and all employees working in a managerial capacity, may receive further training on duties of supervisory personnel. Section 4. A new Section 1-28-9 is hereby created,entitled"City Disclosures",which shall state as follows: (A) As required by the Illinois Human Rights Act and in the event the City had any adverse judgments or administrative rulings (as defined in 775 ILCS 5/2-108) during the preceding year, then beginning July 1, 2020, and by each July 1 thereafter,the City Clerk, on behalf of the City of Canton, shall disclose annually to the Illinois Department of Human Rights the following information: (1) the total number of adverse judgments or administrative rulings during the preceding year; (2) whether any equitable relief was ordered against the employer in any adverse judgment or administrative ruling described in paragraph(1); (3) how many adverse judgments or administrative rulings described in paragraph(1) are in each of the following categories: (a) sexual harassment; (b) discrimination or harassment on the basis of sex; (c) discrimination or harassment on the basis of race, color, or national origin; (d) discrimination or harassment on the basis of religion; (e) discrimination or harassment on the basis of age; (f) discrimination or harassment on the basis of disability; (g) discrimination or harassment on the basis of military status or unfavorable discharge from military status; (h) discrimination or harassment on the basis of sexual orientation or gender identity; and (i) discrimination or harassment on the basis of any other characteristic protected under the Illinois Human Rights Act. (B) In the event the Illinois Department of Human Rights requests the City to submit the total number of Settlements entered into during the preceding five (5)years, or less at the direction of the Illinois Department of Human Rights,pursuant to 775 ILCS 5/2-108(C),then the City Clerk shall cause the necessary settlement information to be provided to the Illinois Department of Human Rights pursuant to the Illinois Human Rights Act. (C) Neither the City Clerk nor the City shall disclose the name of a victim of an act of alleged sexual harassment or unlawful discrimination in any disclosures required by 775 ILCS 5/2-108. Section 5. This ordinance shall be in full force and effect immediately upon the passage of this Ordinance. PASSED THIS 21st day of January, 2020. AYES:Aldermen Justin Nelson, Angela Lingenfelter, Jeffrey Fritz, Angela Hale, Craig West, John Lovell, Quin Mayhew, Ryan Mayhew NAYS: None ABSENT: None APPROVED THIS 21st day of January, 2020. ATTES Mayor . lrj2'.'� City Clerk