HomeMy WebLinkAbout11 - Adoption of City's Discrimination and Harassment Prevention PolicyTO:
FROM
CITY OF
NEWPORT BEACH
City Council Staff Report
July 26, 2016
Agenda Item No. 11
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Barbara Salvini, Human Resources Director - 949-644-3300,
bsalvini@newportbeachca.gov
PREPARED BY: Maggie Williams-Dalgart, Senior Human Resources Analyst
PHONE: 949-644-3337
TITLE: Adoption of City's Discrimination and Harassment Prevention Policy
ABSTRACT:
The City of Newport Beach promotes a workplace free of harassment and discrimination
and reaffirms this commitment through its Discrimination and Harassment Prevention
Policy ("Policy'). The Policy is an appendix to the City's Employee Policy Manual, which
was last adopted by the City Council on October 23, 2001. Since then, State and
Federal laws have changed to broaden the definition of discrimination and harassment
and expand those protected under the law. It is necessary to revise the Policy to
incorporate these changes. Staff recommends the City Council adopt the revised Policy
as an expression of its ongoing commitment to preventing workplace discrimination and
harassment.
RECOMMENDATION:
a) Determine that the action is exempt from the California Environmental Quality Act
(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines
because it will not result in a physical change to the environment, directly or
indirectly; and
b) Approve the revised City of Newport Beach Discrimination and Harassment
Prevention Policy.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
Under State and Federal laws, employers have an obligation to prohibit and prevent
discrimination and harassment in the workplace. The laws define these terms and set
forth procedures for investigating and resolving internal complaints. The City's
commitment to comply with these mandates is reflected in its Policy.
Adoption of City's Discrimination and Harassment Prevention Policy
July 26, 2016
Page 2
Over time, the laws governing discrimination and harassment in the workplace have
evolved. In the past several years the California Legislature has enacted additional
legislation which has expanded workplace protections. These laws include (but are not
limited to), California Assembly Bill (AB) 1443 (2015) which includes interns and
volunteers in anti-harassment/discrimination policies; AB 1964 (2013), which expands
religious expression in the workplace; and AB 987 (2013), concerning retaliation and
discrimination of a person requesting an accommodation for a disability. Additionally,
case law, which can apply a new legal standard based on the outcome of a legal suit,
has clarified elements of established laws governing discrimination and harassment.
While the City has kept abreast of these changes and maintained compliance through
training and education, City staff recommends updating the Policy at this time so it more
accurately reflects the City's intent to comply with current legal requirements and
promote best practices.
Human Resources and the City Attorney's Office have worked together to revise the
Policy to incorporate the legal updates. Attached for the City Council's consideration is
the proposed new Policy (Attachment A) and a redline version (Attachment B), reflecting
the changes from the prior version. If approved by the City Council, staff will work with
supervisors, key managers and directors to confirm the City's commitment to preventing
discrimination and harassment by distributing and promoting the new Policy.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — City of Newport Beach
Policy
Attachment B — City of Newport Beach
Policy (Redline Version)
Discrimination and Harassment Prevention
Discrimination and Harassment Prevention
11-2
Attachment A
CITY OF NEWPORT BEACH
DISCRIMINATION AND HARASSMENT PREVENTION POLICY
Section 1. Policy Statement
The City of Newport Beach will take all reasonable steps to prevent discrimination,
harassment and retaliation from occurring. The City will not tolerate harassment or
discrimination because of, or on the basis of, a protected class such as race, color,
national origin, ancestry, religious creed, physical or mental disability, medical condition,
marital status, military and veteran status, sex (including pregnancy), gender, gender
identity, gender expression, sexual orientation, age, genetic information, association with
individuals with these characteristics, or the perception that an individual has one of
these characteristics or any other basis protected by applicable Federal or State laws.
This prohibition of discrimination and harassment applies to job applicants as well as all
Employees, including provisional, temporary and contract employees, City Council and
other members of City Boards and Commissions, independent contractors,
subcontractors, and their employees when specified by contract, and volunteers, unpaid
interns or apprentices. This Policy is intended to protect Employees, to the extent
possible, from harassment by clients, vendors, independent contractors, or others doing
business with the City. As such, Employees shall follow the procedures in this Policy as
if the harasser were an Employee of the City. Employees are likewise prohibited from
harassing clients, vendors, residents or anyone with whom an Employee deals with on
the job. This Policy also protects Employees from retaliation for complaining of
discrimination or harassment under this Policy.
A copy of this Policy shall be provided to all persons who are subject to it, and shall be
posted on City bulletin Boards in all City facilities.
Section 2. Definitions
The following definitions that apply to this Policy are derived from the California Fair
Employment and Housing Act and include, but are not limited to:
Age refers to the chronological age of any individual who has reached his or her 40th
birthday.
Abusive Conduct means conduct of the City or Employee in the workplace, with malice,
that a reasonable person would find hostile, offensive and unrelated to the City's
legitimate business interest. Abusive conduct may include repeated infliction of verbal
abuse, such as the use of derogatory remarks, insults, and epithets, verbal or physical
conduct that a reasonable person would find threatening, intimidating or humiliating or
the gratuitous sabotage or undermining of a person's work performance.
11-3
Genetic Information means information about any of the following: (1) the individual's
genetic tests, (2) the genetic tests of family members of the individual, and (3) the
manifestation of a disease or disorder in family members of the individual. "Genetic
information" also includes any request for, or receipt of, genetic services, or participation
in clinical research that includes genetic services, by an individual or any family member
of the individual. "Genetic information" does not include information about the sex or age
of any individual.
Medical Condition means (1) any health impairment related to or associated with a
diagnosis of cancer or a record or history of cancer, or (2) genetic characteristics, as
defined by California Government Code section 12926 (f)(3)(i)(2).
Mental Disability includes, but is not limited to, all of the following: (1) having any
mental or psychological disorder or condition, such as intellectual disability, organic brain
syndrome, emotional or mental illness, or specific learning disabilities, that limits a major
life activity, (2) any other mental or psychological disorder or condition that requires
special education or related services, (3) having a record or history of a mental or
psychological disorder or condition described herein, which is known to the employer, (4)
being regarded or treated by the employer as having, or having had, any mental
condition that makes achievement of a major life activity difficult, (5) being regarded or
treated by the employer as having, or having had, a mental or psychological disorder or
condition that has no present disabling effect, but that may become a mental disability in
the future. "Mental disability" does not include sexual behavior disorders, compulsive
gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting
from the current unlawful use of controlled substances or other drugs.
Physical Disability includes, but is not limited to, all of the following: (1) having any
physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss
that limits a major life activity and affects one or more of the following body systems:
neurological, immunological, musculoskeletal, special sense organs, respiratory,
including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic
and lymphatic, skin, and endocrine, (2) any other health impairment that requires special
education or related services, (3) having a record or history of a disease, disorder,
condition, cosmetic disfigurement, anatomical loss, or health impairment described
above, which is known to the employer, (4) being regarded as having, or having had, any
physical condition that makes achievement of a major life activity difficult, and (5) being
regarded or treated by the employer as having, or having had, a disease, disorder,
condition, cosmetic disfigurement, anatomical loss, or health impairment that has no
present disabling effect but may become a physical disability in the future.
Religious Creed includes all aspects of religious belief, observance, and practice,
including religious dress and grooming practices. "Religious dress" is construed broadly
to include the wearing or carrying of religious clothing, head or face coverings, jewelry,
artifacts, and any other item that is part of the observance by an individual of his or her
religious creed. "Religious grooming" is construed broadly to include all forms of head,
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facial, and body hair that are part of the observance by an individual of his or her
religious creed.
Sex includes: (1) pregnancy or related medical conditions, (2) childbirth or related
medical conditions, (3) breastfeeding or related medical conditions, (4) gender, (5)
gender identity, and (6) gender expression. "Gender" means sex, and includes a
person's gender identity and gender expression. "Gender expression" means a person's
gender -related appearance and behavior whether or not stereotypically associated with
the person's assigned sex at birth.
Sexual Orientation includes heterosexuality, homosexuality, and bisexuality.
Supervisor means any individual having the authority, in the interest of the employer, to
hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward, or discipline
other employees, or the responsibility to direct them, or to adjust their grievances, or
effectively to recommend that action, if, in connection with the foregoing, the exercise of
that authority is not of a merely routine or clerical nature, but requires the use of
independent judgment.
Section 3. Sexual Harassment
Federal and State laws consider sexual harassment to be one form of unlawful
discrimination. Sexual harassment includes unwelcome sexual advances, requests for
sexual favors or other visual, verbal or physical conduct of a sexual nature when:
1. Submission to such conduct is made either explicitly or implicitly a term or
condition of employment, or
2. Submission to or rejection of such conduct by an individual is used as a basis for
employment decisions affecting that individual, or
3. Such conduct is so severe or pervasive it has the purpose or effect of
unreasonably interfering with an individual's work performance or creating an
intimidating, hostile or offensive working environment.
The definition of sexual harassment includes many forms of offensive behavior. The
City considers the following conduct to represent some examples of the types of
prohibited conduct. This list is neither exhaustive nor all-inclusive.
1. Unwanted sexual advances.
2. Offering employment benefits in exchange for sexual favors.
3. Making or threatening reprisals after a negative response to sexual advances.
4. Physical conduct: touching, pinching, patting, or coerced sexual conduct.
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5. Visual or non-verbal conduct: whistling, leering, ogling, making suggestive or
insulting sounds, making sexual gestures, or displaying pictures, posters,
cartoons, calendars, objects, reading materials, or other materials that are
sexually suggestive, sexually demeaning, or pornographic, or possessing in the
work environment any of these materials.
6. Verbal conduct: making or using derogatory comments, epithets, slurs, sexually
explicit jokes, sexual innuendo and insults, comments about an employee's body
or dress.
7. Verbal sexual advances, propositions or requests.
8. Verbal abuse of a sexual nature, including graphic verbal commentary or
communications about an individual's body or sexual activities, using sexually
degrading words or names to describe an individual, or sending suggestive or
obscene letters, e-mails, texts, communication or posts via social media, notes,
invitations, or other forms of communication.
9. Production, transmission, or display of any sexually explicit material electronically
via fax, e-mail, through social media, or any other forms of communication.
It is unlawful for male Employees to sexually harass female Employees or other male
Employees, and for female Employees to sexually harass male Employees or other
female Employees. Harassment on the job is unlawful whether it involves co-worker
harassment, harassment by a supervisor or manager, or harassment by persons doing
business with or for the City.
Other conduct that has the purpose or effect of unreasonably interfering with an
Employee's work performance or working conditions on the basis of gender, pregnancy,
gender identity and gender expression may also constitute sexual harassment and is,
therefore, prohibited.
Section 4. Harassment (Other Than Sexual Harassment)
In addition to sexual harassment described above, harassment of Employees based on
other protected classes, such as race, color, national origin, ancestry, religious creed,
physical or mental disability, medical condition, marital status, military and veteran
status, sexual orientation, age, genetic characteristics, association with individuals with
these characteristics or the perception that an individual has one of these
characteristics is prohibited by this Policy.
Such harassment includes visual, verbal or physical conduct based on any of the above
protected classes when such conduct is so severe or pervasive it has the purpose or
effect of unreasonably interfering with an individual's work performance or creating an
intimidating, hostile or offensive working environment. It may also include conduct that
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constitutes gratuitous sabotage or undermining of a person's work performance.
Section 5. Discrimination
Prohibited discrimination under this Policy includes refusing to hire or employ a person,
refusing to select a person for a training program leading to employment, to bar or to
discharge a person from employment or from a training program leading to employment,
or to treat an individual differently in compensation or in the terms, conditions or
privileges of employment based on the protected classes identified above in Section 1.
Section 6. Complaint Procedure for Reporting Discrimination and
Harassment
1. An Employee who believes he or she has been harassed or discriminated against on
the basis of a protected class shall provide a written or verbal complaint
("Complaint") to his or her immediate supervisor, or any other supervisor, the Human
Resources Director or the City Manager as soon as possible. The Complaint should
include details of the incident(s), names of individuals involved, and the names of
any witnesses. Supervisors and managers must immediately refer all Complaints to
the Human Resources Director.
2. The City will investigate all allegations of harassment or discrimination that are
reported. The Human Resources Director shall notify the City Attorney of the
Complaint and shall undertake or direct a fair, timely, and thorough investigation of
the Complaint that provides all parties appropriate due process and reaches
reasonable conclusions based on the evidence collected. The Human Resources
Director or his or her designee shall:
a. Meet with the Employee(s) alleging harassment or discrimination, discuss the
incident(s), obtain any relevant information, confirm that an investigation will
be initiated and advise the Employee(s) to report any possible retaliation.
b. In consultation with the City Attorney, initiate a prompt investigation to
determine all the facts surrounding the incident. The investigation will be
conducted in as confidential manner as possible subject to the need to
conduct a thorough investigation.
c. Conclude the investigation in a reasonable period of time and communicate
the results of the investigation to the Employee(s) who complained, the
accused harasser(s), the Director of the Department in which the Employee
works and the City Manager.
d. Ensure that appropriate disciplinary and/or corrective action is initiated and
implemented where conduct in violation of this Policy is found to have
APPENDIX A OF EMPLOYEE POLICY MANUAL
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occurred.
3. The City will take effective disciplinary or remedial action as warranted, up to and
including termination if it is found that harassment or discrimination has occurred.
Due to employee privacy issues, if discipline is imposed on the Employee
accused of harassment or discrimination, the discipline will not be communicated
to the Complainant.
4. The City will take reasonable steps to protect the Complainant from further
harassment. If appropriate, the City will take action to remedy the victim's job
loss, if any, which resulted from the harassment or discrimination.
5. Clients, independent contractors, vendors, or others doing business with the City
shall be required to use the Complaint procedure outlined in this Policy for any
claim of harassment or discrimination.
Section 7. Retaliation
In accordance with applicable law, this Policy prohibits any retaliation (i.e., Adverse
Action) against any person for engaging in a legally Protected Activity, such as filing a
Complaint about conduct that the person reasonably believes constitutes harassment or
discrimination. This Policy also prohibits retaliation against any person because of his
or her participation in an investigation, proceeding or hearing related to an alleged
violation of this Policy or for associating with the alleged harasser or victim. Any
Complaint alleging retaliation in violation of this Policy shall be processed in the same
manner as a Complaint alleging harassment or discrimination. The City will promptly,
thoroughly and objectively investigate any claim of retaliation. If the City determines that
retaliation has occurred, the City will take effective disciplinary or remedial action as
warranted, up to and including termination.
Adverse Action may include, but is not limited to, any of the following: Real or implied
threats of intimidation to attempt or prevent an individual from reporting alleged
wrongdoing; refusing to hire an individual because of Protected Activity; denying
promotion to an individual because of Protected Activity; taking any form of disciplinary
action because of Protected Activity; or altering work schedules or work assignments
because of Protected Activity.
Section 8. Management Responsibilities
All Supervisors are responsible for ensuring a workplace free from discrimination or
harassment as defined in this Policy. Supervisors shall be responsible for the following:
1. Promptly filing a report with the Department Director and Human Resources
Director whenever the Supervisor receives information about or observes an
incident that he or she knows or reasonably suspects could constitute
discrimination or harassment. The report shall be filed even if the Employee(s)
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who allege(s) discrimination or harassment request(s) that no action be taken.
The report shall not be filed with the Department Director if the Department
Director is alleged to have participated in the discrimination or harassment. Any
verbal report shall be followed up by a written report documenting the incident.
2. Ensuring that appropriate action is taken in response to the Supervisor's report of
discrimination or harassment.
3. Ensuring that:
a. All Employees they supervise attend any and all required training
designed to prevent harassment, discrimination, abusive conduct and
retaliation.
b. All Employees they supervise receive a copy of, and opportunity to
discuss and ask questions about, this Policy.
c. Materials that violate this Policy (such as sexually suggestive objects,
pictures, posters or cartoons) are not circulated, presented, transmitted, or
openly displayed within the workplace.
d. All Employees they supervise are informed of their rights to complain of
discrimination, harassment or retaliation and of the assistance available
under this Policy.
Section 9. Violation of Policy
An Employee who violates any provision of this Policy is subject to discipline or
remedial action as warranted, up to and including termination. Supervisors shall be held
to a higher standard of conduct and may be subject to a higher level of discipline if
found to have engaged in discrimination, harassment or retaliation in violation of this
Policy.
Section 10. Personal Liability for Harassment or Retaliation
An Employee who engages in harassment or retaliates against an Employee who
complains of harassment, including any Supervisor or manager who knew about the
harassment and took no action to stop it, may be held personally liable for monetary
damages if the Employee complaining of harassment or retaliation files a legal action.
Section 11. Employee's Rights
The goal of this Policy is to identify and prevent discrimination, harassment or
retaliation. If problems or concerns arise, Employees are encouraged to make use of
the process described in this Policy. However, any Employee also has the right to go
directly to the California Department of Fair Employment and Housing or the Federal
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Equal Employment Opportunity Commission for assistance.
The California Department of Fair Employment and Housing may be contacted at the
following telephone numbers or website:
Los Angeles: (213) 439-6799
http://www.dfeh.ca.gov/
The Federal Equal Employment Opportunity Commission may be reached at the
following telephone number or website:
Los Angeles: (213) 894-1000
http://www.eeoc.gov/employees/charge.cfm
The City maintains a posted Notice regarding harassment and discrimination at all
Employee work sites, which contains additional information about how to contact these
agencies.
Proposed Revisions: 7/26/16
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Attachment B
CITY OF NEWPORT BEACH
U t is nWF ii DISCRIMINATION AND HARASSMENT PREVENTION POLICY
Section 1. C#y-Policy Statement
The City of Newport Beach ("Gi+„"` as ye ,r employer,will take all reasonable steps
to prevent unlawful discrimination, harassment and retaliation from occurring. -The City
will not tolerate unlawfulharassmentor unl l discrimination because of, or on the
basis of, a protected class such as —race, color, national origin, ancestry,
rercrtgTvirreligious creed, physical or mental disability, medical condition, marital status,
military and veteran status, sex (including pregnancy), gender, gender identity, gender
expression, sexual orientation, age, genetic GharaGteris+ins or information, association
with individuals with these characteristics, or the perception that an individual has one of
these characteristics or any other basis protected by applicable Federal or State laws.
The Gity has adopted this "Unlawful DiSGriminatien and Harassment PGIOGY" ("PeliGy"Y10
GOMPly with State and Federal law and to pFeteGt all Empleyees from unlawfU4
harassment and unlawful diSGFiminatnen. All unlawful harassment and unlawful
�Grimination is pFehihited. This Policy
This prohibition of discrimination and harassment applies to job applicants as well as all
Employees, including provisional, temporary and contract employees, and ir,rlor.onrlon+
GentraGtGrs and subGentraGtOrs, and their employees when speGified by .�—C
Council and other members of City Boards and Commissions, independent contractors,
subcontractors, and their employees when specified by contract, and volunteers, unpaid
interns or apprentices. This Policy is intended to protect Employees, to the extent
possible, from harassment by clients, vendors, independent contractors, or others doing
business with the City. As such, Employees shall follow the procedures in this Policy as
if the harasser were an Employee of the City. Employees are likewise prohibited from
harassing clients, vendors, residents or anyone with whom an Employee deals with on
the job. This Policy also protects Employees from retaliation for complaining of
discrimination or harassment under this Policv.
A copy of this Policy shall be provided to all persons who are subject to it, and shall be
posted on City bulletin Boards in all City facilities.
Section 2. Definitions
The followina definitions that aoDly to this Policv are derived from the California Fair
Empleyees shall fellew
the PFGGeEJ6IFe.-;--
EmDlovment and Housina Act and include, but are not limited to:
Age refers to the chronological age of any individual who has reached his or her 40th
birthday.
Abusive Conduct means conduct of the City or Employee in the workplace, with malice,
that a reasonable person would find hostile, offensive and unrelated to the City's
legitimate business interest. Abusive conduct may include repeated infliction of verbal
abuse, such as the use of derogatory remarks, insults, and epithets, verbal or physical
conduct that a reasonable person would find threatening, intimidating or humiliating or
the gratuitous sabotage or undermining of a person's work performance.
Genetic Information means information about any of the following: (1) the individual's
genetic tests, (2) the genetic tests of family members of the individual, and (3) the
manifestation of a disease or disorder in family members of the individual. "Genetic
information" also includes any request for, or receipt of, genetic services, or participation
in clinical research that includes genetic services, by an individual or any family member
of the individual. "Genetic information" does not include information about the sex or age
of anv individual.
Medical Condition means (1) any health impairment related to or associated with a
diagnosis of cancer or a record or history of cancer, or (2) genetic characteristics, as
defined by California Government Code section 12926 (f)(3)(i)(2).
Mental Disability includes, but is not limited to, all of the following: (1) having any
mental or psychological disorder or condition, such as intellectual disability, organic brain
syndrome, emotional or mental illness, or specific learning disabilities, that limits a major
life activity, (2) any other mental or psychological disorder or condition that requires
special education or related services, (3) having a record or history of a mental or
psychological disorder or condition described herein, which is known to the employer, (4)
being regarded or treated by the employer as having, or having had, any mental
condition that makes achievement of a major life activity difficult, (5) being regarded or
treated by the employer as having, or having had, a mental or psychological disorder or
condition that has no present disabling effect, but that may become a mental disability in
the future. "Mental disability" does not include sexual behavior disorders, compulsive
gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting
from the current unlawful use of controlled substances or other drugs.
Physical Disability includes, but is not limited to, all of the following: (1) having any
physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss
that limits a major life activity and affects one or more of the following body systems:
neurological, immunological, musculoskeletal, special sense organs, respiratory,
including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic
and lymphatic, skin, and endocrine, (2) any other health impairment that requires special
education or related services, (3) having a record or history of a disease, disorder,
condition, cosmetic disfigurement, anatomical loss, or health impairment described
above, which is known to the employer, (4) being regarded as having, or having had, any
APPENDIX A OF EMPLOYEE POLICY MANUAL
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physical condition that makes achievement of a major life activity difficult, and (5) being
regarded or treated by the employer as having, or having had, a disease, disorder,
condition, cosmetic disfigurement, anatomical loss, or health impairment that has no
present disablina effect but may become a Dhvsical disabilitv in the future.
Religious Creed includes all aspects of religious belief, observance, and practice,
including religious dress and grooming practices. "Religious dress" is construed broadly
to include the wearing or carrying of religious clothing, head or face coverings, jewelry,
artifacts, and any other item that is part of the observance by an individual of his or her
religious creed. "Religious grooming" is construed broadly to include all forms of head,
facial, and body hair that are part of the observance by an individual of his or her
reliaious creed.
Sex includes: (1) pregnancy or related medical conditions, (2) childbirth or related
medical conditions, (3) breastfeeding or related medical conditions, (4) gender, (5)
gender identity, and (6) gender expression. "Gender" means sex, and includes a
person's gender identity and gender expression. "Gender expression" means a person's
gender -related appearance and behavior whether or not stereotypically associated with
the person's assigned sex at birth.
Sexual Orientation includes heterosexuality, homosexuality, and bisexuality.
Supervisor means any individual having the authority, in the interest of the employer, to
hires transfer, suspend, layoff, recall, promote, discharge, assign, reward, or discipline
other employees, or the responsibility to direct them, or to adjust their grievances, or
effectively to recommend that action, if, in connection with the foregoing, the exercise of
that authority is not of a merely routine or clerical nature, but requires the use of
independent judgment.
Section 3. Sexual Harassment
Federal and State laws consider sexual harassment to be one form of unlawful
discrimination. Federal and State law defiRe 61RIaWfUl sexualSexual harassment
asincludes unwelcome sexual advances, requests for sexual favors or other visual,
verbal or physical conduct of a sexual nature when:
Submission to such conduct is made either explicitly or implicitly a term or
condition of employment, or
2. Submission to or rejection of such conduct by an individual is used as a basis for
employment decisions affecting that individual, or
3. Such conduct is so severe an4or pervasive it has the purpose or effect of
unreasonably interfering with an individual's work performance or creating an
intimidating, hostile or offensive working environment.
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The definition of sexual harassment includes many forms of offensive behavior.- The
City considers the following conduct to represent some examples of the types of
prohibited conduct. This list is neither exhaustive nor all-inclusive.
1. Unwanted sexual advances.
2. Offering employment benefits in exchange for sexual favors.
3. Making or threatening reprisals after a negative response to sexual advances.
4. Physical conduct: touching, pinching, patting, or coerced sexual conduct.
5. Visual or non-verbal conduct: whistling, leering, ogling, making suggestive or
insulting sounds, making sexual gestures, or displaying pictures, posters,
cartoons, calendars, objects, reading materials, or other materials that are
sexually suggestive, sexually demeaning, or pornographic, or possessing in the
work environment any of these materials.
6. Verbal conduct: making or using derogatory comments, epithets, slurs, sexually
explicit jokes, sexual innuendo and insults, comments about an employee's body
or dress.
7. Verbal sexual advances, propositions or requests.
8. Verbal abuse of a sexual nature, including graphic verbal commentary or
communications about an individual's body or sexual activities, using sexually
degrading words or names to describe an individual, or sending suggestive or
obscene letters, e-mails, texts, communication or posts via social media, notes
erl invitations, or other forms of communication.
9. Production, transmission, or display of any sexually explicit material electronically
via fax, e-mail, through social media, or any other similar medeforms of4nupk4pa4
communication.
It is unlawful for male Employees to sexually harass female Employees or other male
Employees, and for female Employees to sexually harass male Employees or other
female Employees. -Harassment on the job is unlawful whether it involves co-worker
harassment, harassment by a supervisor or manager, or harassment by persons doing
business with or for the City.
Other conduct that has the purpose or effect of unreasonably interfering with an
Employee's work performance or working conditions on the basis of gender, pregnancy,
gender identity and gender expression may also constitute sexual harassment; and is,
therefore,4s prohibited.
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Section 34. Harassment (Other Than Sexual Harassment)
In addition to sexual harassment described above, harassment of Employees based on
other protected classes, such as race, color, national origin, ancestry, religious creed,
physical or mental disability, medical condition, marital status, military and veteran
status, sexual orientation, age, genetic characteristics, association with individuals with
these characteristics or the perception that an individual has one of these
characteristics is prohibited by this Policv.
Such harassment includes visual, verbal or physical conduct based on any of the above
protected classes when such conduct is so severe or pervasive it has the purpose or
effect of unreasonably interfering with an individual's work performance or creating an
intimidating, hostile or offensive working environment. It may also include conduct that
constitutes aratuitous sabotaae or underminina of a Derson's work Derformance.
Section 5. Discrimination
Prohibited discrimination under this Policy includes refusing to hire or employ a person,
refusing to select a person for a training program leading to employment, to bar or to
discharge a person from employment or from a training program leading to employment,
or to treat an individual differently in compensation or in the terms, conditions or
privileges of employment based on the protected classes identified above in Section 1.
Section 6. Complaint Procedure for Reporting Unlawful Discrimination and
lawful Harassment
1. A.—An Employee who believes he/ or she has been Unlawfully—harassed or
discriminated against on the basis of a protected class—shall provide a written or
verbal complaint ("Complaint") to his/ or her immediate supervisor, or any other
supervisor, the Human Resources Director or the City Manager as soon as possible.
The Complaint should include details of the incident(s), names of individuals
involved, and the names of any witnesses,, ;fes. Supervisors and managers must
immediately refer all Complaints to the Human Resources Director.
2. B—The City will investigate allin,,�GideRtsallegations of— awf-W harassment or
discrimination that are reported.- The Human Resources Director shall notify the City
Attorney of the Complaint and shall undertake or direct aR ef-eGtiv&,—a fair, timely,
and thorough and objeGtoinvestigation of the Complaint, as promptly as possiblo
that provides all parties appropriate due process and reaches reasonable
conclusions based on the evidence collected. The Human Resources Director; or
his/ or her designee; shall:
a. Meet with the Employee(s) who experienGed—thealleging harassment or
discrimination, discuss the incident;Ls ,. obtain any relevant information,
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confirm that an investigation will be initiated and advise the Employee(s) to
report any possible retaliation;.
b_2—.In consultation with the City Attorney, initiate a prompt investigation to
determine all the facts surrounding the incident. The investigation will be
conducted in as confidential manner as possible subject to the need to
conduct a thorough investigation;.
c. Conclude the investigation in a reasonable period of time and
communicate the results of the investigation to the Employee(s) who
complained, the accused harasser(s), the Director of the Department in which
the Employee works and the City Manager;_
d_4Ensure that appropriate disciplinary and/or corrective action is initiated
and implemented where conduct in violation of this Policy is found to have
occurred.
3. G. City will take effective disciplinary or remedial action as warranted, up
to and including termination if the Gi+„ determinesit is found that unlawful
harassment oral discrimination has occurred. Due to employee privacy
issues, if discipline is imposed on the Employee accused of harassment or
discrimination, the discipline will not be communicated to the
GOMplainantComplainant.
4. D. The City will take reasonable steps to protect the n^mnlainan+Complainant
from further harassment.- If appropriate, the City will take action to remedy the
victim's job loss, if any, which resulted from the harassment or discrimination.
5. F= Clients, independent contractors, vendors, or others doing business with
the City shall be required to use the Complaint procedure outlined in this Policy
for any claim of Unlawful harassment ori discrimination.
Section 47. Retaliation
In accordance with applicable law, this Policy prohibits any retaliatory adverse
employment aGtien (retaliation (i.e., Adverse Action) against any person for engaging in
a nr„+o,.+od a„+i„i+.,legally Protected Activity, such as filing a Complaint about conduct
that the person reasonably believes constitutes Unlawful employment harassment or
discrimination. This Policy also prohibits retaliation against any person because of his/
or her participation in an investigation, proceeding or hearing related to aan alleged
violation of this Policy or for associating with the alleged harasser or victim. Any
Complaint alleging retaliation in violation of this Policy, and on„ related n„mm, mina+i„n,
alse is preteGted GendUGt, provided that the GemplaiRt 0 Gatmen is made with a
reasonable geed faith belief that a vielatiOR of this PeliGy has eGGurFed. ARY GemplaiRt
of Fetaliatishall be processed in the same manner as a Complaint alleging sexual
harassment or discrimination. —The City will promptly, thoroughly and objectively
investigate any claim of retaliation.- If the City determines that retaliation has occurred,
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the City will take effective disciplinary or remedial action as warranted, up to and
including termination.
Adverse Action may include, but is not limited to, any of the following: Real or implied
threats of intimidation to attempt or prevent an individual from reporting alleged
wrongdoing; refusing to hire an individual because of Protected Activity; denying
promotion to an individual because of Protected Activity; taking any form of disciplinary
action because of Protected Activity; or altering work schedules or work assignments
because of Protected Activitv.
Section 58. Management Responsibilities
All Supervisors are responsible for ensuring a workplace free from unlawful
discrimination or harassment as defined in this Policy and State and Federal Ia,^,
Supervisors shall be responsible for dig the following:
A. Promptly filing a written report with the Department Director and Human
Resources Director whenever the Supervisor receives information about or
observes an incident that he/ or she knows, or should have known-, reasonably
suspects could constitute URlawful discrimination or harassment. The report shall
be filed even if the Employee(s) who e-pe-e—eallege(s) the -discrimination or
harassment requestsrequest(s) that no action be taken.- The report shall not be
filed with the Department Director if the Department Director is alleged to have
participated in the discrimination or harassment. Any verbal report shall be
followed UD by a written report documentina the incident.
2. B. Ensuring that appropriate action is taken in response to the Supervisor's
report of Unlawful discrimination or harassment.
3. G. Ensuring that:
a. 4—.All Employees they supervise attend any and all required training
designed to prevent Unlawful harassment and, discrimination,
sexual harassment training fnr all supervisors nnnsistent With r-rninrnment
Cede seGtinn 1295 abusive conduct and retaliation.
b. 2.All Employees they supervise receive a copy of, and opportunity to
discuss and ask questions about, this Policy.
c. 3.Materials that violate this Policy (such as sexually suggestive
objects, pictures, posters or cartoons) are not circulated, presented,
transmitted, or openly displayed within the workplace.
d. 4.All Employees they supervise are informed of their rights to
complain of unlawful discrimination, harassment or retaliation and of the
assistance available pursuaRt teunder this Policy.
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Section 69. Violation of Policy
An Employee who violates any provision of this Policy is subject to discipline or
remedial action as warranted, up to and including termination. -Supervisors shall be
held to a higher standard of conduct and sh-aafmay be subject to a higher level of
discipline when engagRgif found to have engaged in unlawful discrimination and.,
harassment or retaliation in violation of this Policv.
Section 710. Personal Liability for Sexual Harassment or Retaliation
AnyAn Employee who engages in unlawful harassment or retaliatienretaliates against
an Employee who complains of harassment, including any Supervisor or manager who
knew about the harassment and took no action to stop it, may be held personally liable
for monetary damages if the Employee complaining of harassment or retaliation files a
legal action.
Section 811. Employee's Rights
The goal of this Policy is to identify and prevent unlawful discrimination, harassment or
retaliation. If problems and -/or concerns arise, Employees are , , encouraged to make
use of the process described in this Policy. However, any Employee also has the right
to go directly to the California Department of Fair Employment and Housing or the
Federal Equal Employment Opportunity Commission for assistance.
The California Department of Fair Employment and Housing may be contacted at the
following telephone numbers or website:
Los Angeles: (213) 439-6799
SaRtaARa: (714)-558 4266http://www.dfeh.ca.gov/
The Federal Equal Employment Opportunity Commission may be reached at the
following telephone number or website:
Los Angeles: (213) 894-1000
http://www.eeoc.gov/employees/charge.cfm
The City maintains a posted Notice regarding sexual harassment and discrimination at
all em,,,pleyees'Employee work sites, which contains additional information
runabout how to contact these agencies.
Proposed Revisions: 7/26/16
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