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HomeMy WebLinkAboutItem 4.05 Harassment Policy Statement (2) CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: April 27, 1992 SUBJECT: Proposed Harassment Policy Statement and Training Options (Report Prepared by: Lou Ann Riera-Texeira, Assistant to the City Manager) EXHIBITS: Resolution RECOMMENDATION: 1 . Adopt Resolution Authorize the City Manager to pursue training options and to include appropriate funding in the Fiscal Year 1992-93 budget. FINANCIAL Costs associated with adopting and implementing the STATEMENT: policy statement are minimal. Costs associated with training vary depending on training program and number of participants. If Council chooses to provide harassment training, appropriate funds will need to be included in the Fiscal Year 1992-93 budget. DESCRIPTION: Both federal and state statutes prohibit discrimination on the basis of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age. Further, it is the City of Dublin' s policy to provide a workplace free .of unlawful and improper harassment. In order to establish a strong commitment to prohibiting harassment in the workplace, the City Council adopted a goal in 1992 to develop and implement a harassment policy for the City of Dublin. Employers may limit and/or avoid harassment liability if they can show that they have educated and sensitized their workforce to eliminate conduct which a "reasonable victim" would consider unlawful harassment. Implementing a policy statement and providing training are just two mechanisms which can aid employers in educating and sensitizing their workforce. POLICY STATEMENT The policy statement, as proposed, is a separate document to be adopted by the City Council via resolution. The attached policy statement, developed in conjunction with the City Attorney' s Office, provides for the following: - includes a complaint procedure which provides for prompt investigation of complaints - assures confidentiality - includes examples of prohibited conduct - strives for internal consistency with Personnel Rules and Regulations - describes discipline for employees who violate the policy - prohibits retaliatory conduct ---------------------------------------------------------------------- COPIES T0: ITEM N0. CITY CLERK FILE � / D If approved by the City Council, staff would then recommend distribution of the policy statement to all employees, officials and officers. Employees would be required to sign a waiver acknowledging receipt and review of policy. Further, staff would redistribute the policy annually as a reminder to employees. TRAINING As stated above, educating and sensitizing the workforce are important steps in limiting and/or avoiding harassment liability in the workplace. Staff has worked with the City Attorney on the issue of training. With regard to training, the following suggestions are offered: 1 . City employees a) Train supervisors who should then be required to train all persons they supervise; OR b) Train one City employee to train all other employees 2 . Contract employees a) Train contract employees who are present at the Civic Center on a regular basis; OR b) Require the contractor to provide such training 3 . Document all training Staff has reviewed various training options. Due to the popularity of the topic, many training consortiums are sponsoring harassment training. In fact, in March of 1992, nearly a dozen City employees (primarily managers and supervisors) attended a NORCAL sponsored workshop entitled "Avoiding Harassment in the Workplace. " Alao, Staff has obtained several training proposals which range from $800 for one half-day session, to $3 , 400 for a full program including planning sessions with management personnel, employee training and follow-up sessions. If Council approves the concept of harassment training, Council should authorize staff to 1) develop appropriate training criteria ( i.e. , who is to be trained, training curriculum, etc. ) ; and 2) interview and select a training consultant. Also, Council should authorize staff to include sufficient funds in the Fiscal Year 1992-93 budget for training. RESOLUTION NO. - 92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN *************** ADOPTING A HARASSMENT POLICY AND COMPLAINT PROCEDURE WHEREAS, it is the policy of the City of Dublin to provide a workplace free of unlawful and improper harassment; and WHEREAS, harassment of an applicant or employee on any basis including, but not limited to, race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age will not be tolerated; and WHEREAS, in order to establish a strong commitment to prohibiting harassment in employment, the City of Dublin has developed a Harassment Policy and Complaint Procedure (Attachment A) . WHEREAS, this Policy is intended to define harassment, to inform all employees, officers and officials of the City of Dublin that harassment is illegal, to ensure that unprofessional behavior which creates a hostile work environment will not be tolerated, and to set forth a procedure for investigating and resolving internal complaints of harassment. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby adopt the Harassment Policy and Complaint Procedure set forth in Attachment A. PASSED, APPROVED AND ADOPTED this 27th day of April, 1992. AYES: NOES: ABSTAIN: ABSENT: Mayor ATTEST: City Clerk CITY OF DUBLIN HARASSMENT POLICY AND COMPLAINT PROCEDURE Purpose The purpose of this Policy is to establish a strong commitment to prohibit harassment in employment, to define harassment, to inform all employees, officers and officials of the City of Dublin that harassment is illegal, to ensure that unprofessional behavior that creates a hostile work environment will not be tolerated, and to set forth a procedure for investigating and resolving internal complaints of harassment. Poli cy It is the City's policy to provide a workplace free of unlawful and improper harassment. Harassment of an applicant or employee on any basis including, but not limited to, harassment on the basis of race, religion, color, national origin, ancestry, physical handicap, medical. condition, marital status, sex or age will not be tolerated. Appropriate disciplinary action, up to and including termination, will be instituted for violation of this policy. Any retaliation against a person for filing a harassment charge or making a harassment complaint is prohibited. Definition (A) "Harassment" includes, but is not limited to: (1) Verbal Harassment - For example, epithets, derogatory comments or slurs on the basis of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age. This might include inappropriate sex oriented comments on appearance, including dress or physical features or race oriented stories. (2) Physical Harassment - For example, assault, impeding or blocking movement, or any physical interference with normal work or movement when directed at the individual on the basis of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age. This could be conduct in the form of pinching, grabbing, patting, propositioning, leering or making explicit or implied job threats or promises in return for submission to physical acts. (3) Visual Forms of Harassment - For example, derogatory posters, notices, bulletins, cartoons, or drawings on the basis of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age. (4) Sexual Favors - Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature which is conditioned upon an employment benefit, unreasonably interferes with an individual's work performance or creates an offensive work environment. City of Dublin Harassment Policy and Complaint Procedure Page 2 Harassment on the basis of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age is a violation of Title VII of the Civil Rights of 1964, the California Government Code and Regulatory Guidelines of the Equal Employment Opportunity Commission and the California Fair Employment and Housing Commission. (B) "Sexual harassment" is defined by the Federal Equal Employment Opportunity Commission's Guidelines as: "Unwelcome sexual advances, requests for sexual favors, and other verbal and/ or 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 individual, 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." Sexual harassment includes continual or repeated abuse of a sexual nature including, but not limited to: (1) graphic commentaries on the victim's body, (2) sexually suggestive objects or pictures in the workplace, (3) sexually degrading words used to describe the victim, and (4) propositions of a sexual nature. Sexual harassment also includes the threat or insinuation that lack of sexual submission will adversely affect an employee's employment, wages, advancement, assigned duties or shifts, or other conditions that affect an employee's livelihood. Responsibilities Each employee is responsible to ensure that his/her conduct or actions do not violate the law or this policy, and that he/she does not actively or passively condone any form of harassment. Complaint Procedure (A) Filing: An employee or job applicant who believes he or she has been harassed may make a complaint orally or in writing with any of the following: 1) Immediate supervisor. 2) Any supervisor or manager within or outside the department. 3) Department head 4) Personnel Officer City of Dublin Harassment Policy and Complaint Procedure Page 3 Any supervisor, manager or department head who receives a harassment complaint should notify the Personnel Officer immediately. (B) Upon notification of a harassment complaint, the Personnel Officer shall: 1) Authorize the confidential investigation of the complaint and supervise and/or investigate the complaint. The investigation will include interviews with: 1) the complainant; 2) the accused harasser; and 3) any other persons the Personnel Officer has reason to believe have relevant knowledge concerning the complaint. 2) Review factual information gathered through the investigation to determine whether the alleged conduct constitutes harassment; giving consideration to all factual information, the totality of the circumstances, including the nature of the verbal, physical, visual or sexual conduct and the context in which the alleged incident occurred. 3) Report the results of the investigation and the determination as to whether harassment occurred to appropriate persons including the complainant, the alleged harasser, the supervisor and the department head. 4) If harassment occurred, take and/or recommend to the appointing authority prompt and effective remedial action against the harasser. The action will be commensurate with the severity of the offense. 5) Take reasonable steps to protect the victim and other potential victims from further harassment. 6) Take reasonable steps to protect the victim from any retaliation as a result of communicating the complaint. 7) If appropriate, take action to remedy the victim's loss, if any, which resulted from the harassment. DISSEMINATION OF POLICY All employees, officers and officials shall be sent copies of this Policy.