 |
Effingham |
 |
Code of Ordinances |
|
Chapter 2. ADMINISTRATION |
|
Article IV. OFFICERS AND EMPLOYEES |
|
Division 10. PERSONNEL POLICIES AND PROCEDURES |
|
SubDivision 6. Conduct |
§ 2-425.7. Harassment.
The City of Effingham does not tolerate harassment of our job applicant's or employees. Any form of harassment related to an employee's race, color, sex, gender, religion, national origin, age, citizenship status, disability, handicap, sexual orientation, or genetic information is a violation of this policy and will be investigated and if founded result in a corrective action up to and including termination.
For the purposes of this policy, the term harassment includes, but is not limited to slurs, jokes, other verbal, graphic, or physical conduct relating to an individual's race, color, sex, gender, religion, national origin, age, citizenship status, disability, handicap, sexual orientation, or genetic information. A violation of this harassment policy shall result in a corrective action, up to an including termination.
A.
Sexual harassment: Sexual harassment is a form of misconduct which undermines the integrity of the employment relationship. Examples of conditions which constitute harassment on the basis of sex include:
a)
Submission to or rejection of such conduct is made either explicitly or implicitly a term or condition of an individual's employment;
b)
Submission to or rejection of such conduct by an individual is used as the basis for any employment related decisions affecting the individual; or
c)
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.
Such conduct is illegal.
Because of differences in values and backgrounds, some individuals may find it difficult to recognize their own behavior as sexual harassment. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or jokes of a sexual nature are considered sexual harassment, including:
a)
Sex-oriented verbal abuse;
b)
Subtle pressure for sexual activity;
c)
Physical contact as patting, pinching, or constant brushing against the body of another;
d)
Demands for sexual favors accompanied by implied or overt promises of preferential treatment or threats concerning an individual's employment status.
e)
Sexual names, pornographic material, or other similar demeaning or insulting behavior based on sex,
f)
Unauthorized touching of a sexual nature,
g)
Leering or ogling,
B.
Procedure for reporting an allegation: 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 confidentially 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 department head, human resources, or city administrator, as quickly as possible. If the complaint involves the employee's department head, the employee should notify the next level of the chain of command. If the employee is not satisfied with the way his or her report has been handled, he or she should arrange for a conference with human resource to discuss the complaint,
Do not assume the city is aware of the harassment. It is the employee's responsibility to report incidents he or she knows about.
•
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) at (217) 785-5100 or the Illinois Human Rights Commission at (217)-785-4350 or the Equal Employment Opportunity Commission (EEOC) for information regarding filing a formal complaint with those entities. Remedies available through the Human Rights Department and Human Rights Commission in case of a valid substantial complaint may include, but are not limited to:
a)
Cease and desist orders.
b)
Hiring, reinstatement, promotion, back pay, and employee benefits.
c)
Actual damages.
d)
Attorney's fees and costs.
e)
Compliance reports.
f)
Posting of compliance notices.
h)
Loss of public contracts.
An IDHR complaint must be filed within 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.
C.
Consequences of a violation of the prohibition of sexual harassment: All such acts are prohibited and will result in corrective action up to and including termination. The matter will be investigated, and where appropriate, corrective action will be taken.
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 five thousand dollars ($5,000.00) 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.
D.
Consequences of false reporting: 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 corrective action. Any person who intentionally makes a false report alleging a violation of any provision of this policy shall result in a corrective action, up to an including termination.
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 five thousand dollars ($5,000.00) against any person who intentionally makes a false, frivolous or bad faith allegation.
E.
Harassment: If an employee believes he or she is being harassed based upon their race, color, sex, gender, religion, national origin, age, citizenship status, disability, handicap, sexual orientation, or genetic information, he or she should report the harassment to their department head, or human resource, as quickly as possible. If the complaint involves the employee's department head, the employee should notify the next level of the chain of command. The matter will be investigated, and where appropriate, corrective action will be taken. If the employee is not satisfied with the way his or her report has been handled, he or she should arrange for a conference with human resource to discuss his or her complaint. Do not assume the city is aware of the harassment. It is the employee's responsibility to report incidents he or she knows about.
F.
Variations of harassment: The harassment of a city resident by a city employee, a co-worker by another non-supervisory co-worker, or a City employee in connection with their work by non-city employees will not be tolerated, shall be investigated, and will also result in corrective action up to and including termination. Any employee who becomes aware of such harassment shall report such harassment to their department head. Appropriate action will be taken with respect to a violation of this policy by a non-city employee.
G.
Reprisal/retaliation: The city will insure that any employee that reports any form of harassment in good faith or who participates in a harassment related investigation will be protected from any employment related reprisal, in addition, employees who are investigated for a violation of the harassment policy shall be notified by the investigating city official that they are not to retaliate against the employee who has generated the complaint or any other employee that has participated within the investigation. 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 1LCS 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
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 (2) 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.
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 one hundred eighty (180) days (IDHR) or three hundred (300) days (EEOC) of the alleged retaliation.
Employees who file a complaint with the Human Rights Department or Human Rights Commission will not be retaliated against based on such complaint. Retaliation will be considered a violation of this policy and shall result in corrective action up to and including termination.
H.
Annual training: The City will provide annual harassment training for all employees. Training attendance will be documented with a sign-in sheet indicating the date, time, location, and the presenter of the training.
(Ord. No. 4-2018 , § I(Exh. A), 1-2-2018)