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HomeMy WebLinkAbout96-84 - Discrimination and Harassment Policies• • RESOLUTION NO. 96- 84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING RESOLUTION 88 -13 AND THE PROVISIONS OF SECTION 301.1 OF THE PERSONNEL POLICIES OF THE CITY OF NEWPORT BEACH PERTAINING TO THE CITY POLICY PROHIBITING DISCRIMINATION AND HARASSMENT. WHEREAS discrimination and sexual harassment violates the provisions of Title VII of the Civil Rights Act of 1964, the California Government Code and regulatory guidelines of the Equal Employment Opportunity Commission and the California Fair Employment and Housing Commission; WHEREAS, the City Council wishes to amend Resolution 88 -13 to update, and strengthen its policy prohibiting discrimination and harassment in the work place to conform with recent developments in state law and to provide a procedure for reporting and responding to discrimination and harassment. NOW, THEREFORE, IT IS HEREBY RESOLVED that Resolution 88 -13 is hereby amended such that Section 301.1 shall read as follows: 301.1 ANTI- HARASSMENTIDISCRIMINATION POLICY 301.1.1 PURPOSE: Our City is committed to providing a work environment that is free from discrimination and harassing conduct by all persons. Employees are expected to conduct themselves in a manner which contributes to the productivity of the workplace. This policy is intended to promote discrimination -free and harassment -free hiring and employment practices by: adopting zero tolerance for such conduct; requiring prompt reporting and investigation of such conduct; responding with appropriate action and /or discipline; prohibiting retaliation; advising employees of their rights under this policy as well as state and federal laws. -1- Res. No. 96 -84 301.1.2 OP LICY: Employees shall not engage in harassment or discrimination based upon race, religion, creed, color, national origin, ancestry, sex, age, physical disability, mental disability, medical condition, marital status or sexual preference. Discrimination or harassment in any form, including verbal, physical and visual harassment will not be tolerated. 0 301.1.3 SEXUAL HARASSMENT DEFINED: Harassment based upon sex is defined by State and Federal law to include unwelcome sexual advances and request for sexual favors when either: 1. Submission to such conduct is made an explicit or implicit term or condition of employment; 2. Submission to or rejection of such conduct by an individual is used as the basis for adverse employment decisions affecting such individual; 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. Sexual harassment includes gender based harassment of a person of the opposite sex as well as the same sex as the harasser, and harassment based on pregnancy, childbirth or related medical conditions. Sexual harassment may be visual, verbal or physical conduct of a sexual nature. The following constitutes a partial list of examples of sexual harassment: Sexual Favors • Sexual advances which condition employment benefits in exchange for sexual favors or which may be reasonably perceived as such. • Making or threatening reprisals after a negative response to sexual advances. Visual Conduct • Staring or leering, making sexual gestures, display of sexually suggestive objects or pictures, cartoons or posters. Verbal Conduct • Making or using derogatory comments, epithets, slurs and jokes. • Unwelcome sexual advances or propositions, repeated, • unsolicited requests for social or sexual contact after being advised such is unwelcome. • Verbal abuse of a sexual nature, graphic verbal commentaries about an individual's body, sexually degrading words used to described an individual, suggestive or obscene letters, notes or invitations. -2- • Res. 96 -84 Physical Conduct Assault, or physical interference, or contact of a sexual nature which blocks or impedes normal work movement. 301.1.4 RACIAL OR ETHNIC HARASSMENT: Racial or ethnic harassment includes, but is not limited to, derogatory slurs, jokes or other comments, or derogatory posters, cartoons or drawings relating to an individual's race, national origin or ancestry where such conduct: 1. Has the purpose or effect of creating an intimidating, hostile or offensive working environment; 2. Has the purpose or effect of unreasonably interfering with an individual's work performance; or 3. Otherwise adversely affects an individual's employment opportunities. 301.1.5 OTHER FORMS OF HARASSMENT: Also prohibited is any similar form of discrimination or harassment related to an employee's religious creed, physical disability, medical condition, marital status or age. 301.1.6 EMPLOYEE'S RESPONSIBILITIES: 1. If an employee believes that he or she has been the subject of discrimination or harassment by a co- worker, supervisor or an agent of the City, or a member of the public, the employee must promptly report the facts of the incident or conduct to his or her supervisor or, if desired, the Human Resources Manager. Supervisors must immediately report any incident of harassment to the Department Director and the Human Resources Manager. 2. The reporting employee need not follow the chain of command if the allegation involves the employee's supervisor or another manager within the chain of command, but must report to another supervisor or the Human Resources Manager. 3. Once a complaint is received, the Human Resources Manager will counsel the employee, outline the available options and procedures which will be followed and initiate a prompt investigation to determine all the facts surrounding the incident. The investigation will be conducted in a confidential manner. The outcome and results of the investigation will be communicated to the reporting employee(s), to the alleged harasser, and as appropriate, to all others directly concerned. 4. If an employee knowingly makes a false report about harassment or discrimination, that employee may be subject to discipline as well, up to and including termination. -3- Res. 96 -84 301.1.7 MANAGEMENT RESPONSIBILITIES: 1. It is the responsibility of all supervisors, managers and Department Directors to maintain a work environment free from discrimination or harassing conduct defined in this Policy. 2. Supervisors, managers and Department Directors are responsible to report harassment or discrimination allegations when he or she • knows or should have known of the incident by nature of his or her supervisorial position. 3. Management must follow through on any reported discrimination or harassment even if the reporting employee requests that no action be taken, and must immediately report, in writing, any allegation of discrimination or harassment to the Department Director and the Human Resources Manager who is in turn obligated to forward that report to the City Manager and the City Attorney. 4. The reporting supervisor need not follow the chain of command if the allegation involves the department director within the chain of command, but must report to another member of management or the Human Resources Manager. 301.1.8 CITY RESPONSIBILITIES: The City Manager, Department Directors and Division Managers have the responsibility and obligation to provide a harassment and discrimination free workplace. They shall ensure: 1. All employees, supervisors, managers and Department Directors attend required training designed to prevent harassment and discrimination, as coordinated by the Human Resources Division of the Administrative Services Department. 2. All new and current employees receive a copy of this policy. 3. Material is not presented or openly displayed within the workplace which violates this policy. 4. The employee is fully informed of his or her rights to complain and redress the harassment and of any assistance available to him or her under the City's procedures. 5. An immediate, thorough, confidential, objective and complete investigation of the alleged harassment or discrimination is conducted and a prompt determination made whether unlawful harassment or discrimination has occurred. 6. The outcome of the investigation is communicated to all appropriate parties and prompt and effective remedial action is taken when • harassment or discrimination has occurred. ME • • Res. 96 -84 301.1.9 RETALIATION: The City prohibits retaliation against the reporting employee or any witnesses that support that individual. Appropriate discipline up to and including termination will be imposed on any individual subjecting any party involved in this process to retaliation. Retaliation is: 1. a change in conduct toward the employee or an unwarranted management decision which adversely affects the work environment or an employment opportunity of an employee, and 2. such change in conduct or decision occurs because of the employee's involvement in a claim under this policy; such retaliatory change in conduct or decision may include: • A change in an employee's work hours or workload; • The employee is intentionally excluded from social functions or conversations where they were included in the past; • Employee is demoted or transferred; • Employee is given all undesirable projects or interesting or "fun" projects are taken away; or • Gossip or conversation which results in a breach of confidentiality of the investigation. 301.1.10 VIOLATION OF POLICY: Employees who violate any provision of this policy are subject to discipline up to and including termination. 301.1.11 EMPLOYEE'S RIGHTS: It is the goal of this policy to identify and prevent harassing behavior or other discriminatory conduct. If problems and /or concerns arise, employees are urged to make use of the process set forth in this policy. However, any employee has the right to go directly to the California Department of Fair Employment and Housing or the Federal Equal Opportunity Commission for assistance. The California Department of Fair Employment and Housing may be contacted at the following telephone numbers: Los Angeles (213) 897 -1997 Santa Ana (714) 558 -4159 The Federal Equal Opportunity Commission may be reached at the following telephone numbers: Los Angeles (213) 894 -1000 San Francisco (415) 744 -6500 The City maintains a posted Notice regarding sexual harassment and discrimination at all employees work sites, for additional information regarding how to contact these agencies. -5- Res. 96 -84 BE IT FURTHER RESOLVED, that a copy of this policy shall be given to each current City employee, to all newly hired employees, and posted in those areas in which employees congregate. ADOPTED, this 28th day of October, 1996. • MAYOR ATTEST: City Clerk F:\catXdebbie\resolut\antihara.doc 10 -15-96 •