HomeMy Public PortalAboutADM-123.1_Anti Harassment_Effective 07-11-2022
City of Lebanon
New Hampshire
ADMINISTRATIVE POLICIES & PROCEDURES
ANTI-HARASSMENT, EEO AND SEXUAL
HARASSMENT
Policy Number Effective Date Last Revision Page No.
ADM-123.1
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Approved by: Shaun Mulholland, City Manager
Section 1.0: Purpose
The City of Lebanon is committed to creating and maintaining a work environment
in which employees are treated fairly and with dignity, decency, respect, and in
accordance with all applicable laws. Consistent with that commitment, the City
prohibits from its workplaces all forms of unlawful discrimination and unlawful
harassment including sexual harassment.
Through enforcement and education regarding this policy and other City policies,
the City strives to prevent inappropriate conduct that could be considered
harassment (including sexual harassment) or discrimination based on/implicating:
• Race or ethnicity
• Color
• Religion or religious creed
• National origin or ancestry
• Sex (including gender, pregnancy, sexual orientation, and gender identity),
• age
• Physical or mental disability
• Citizenship
• Past, current, or prospective service in the uniformed services
• Genetic information (the “EEO Categories”)
The City of Lebanon is fully committed to providing equal employment opportunity
to all employees.
Through this EEO Policy, the City investigates instances of alleged harassment and
discrimination based on the EEO Categories. To that end, this policy provides
procedures for reporting, investigating and resolving complaints. The City considers
the violation of this EEO Policy to be a form of misconduct that undermines the
integrity of the employment relationship, and will take appropriate corrective
action, up to and including dismissal, against individuals who violate this policy.
Please note that this EEO Policy does not govern behaviors or conflicts that are
unrelated to the EEO Categories. For concerns about employee situations that do
not relate to any EEO Categories, please see applicable Labor Agreements and/or
the City Personnel Policies governing productive workplace conduct.
Section 2.0: Scope
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City of Lebanon
New Hampshire
ADMINISTRATIVE POLICIES & PROCEDURES
ANTI-HARASSMENT, EEO AND SEXUAL
HARASSMENT
Policy Number Effective Date Last Revision Page No.
ADM-123.1
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Approved by: Shaun Mulholland, City Manager
The City’s EEO Policy covers employees and other individuals who have a
relationship with the City that enables the City to exercise some control over the
individual’s conduct in places and activities that relate to the City's work, which
may include independent contractors, vendors, elected or appointed officials,
volunteers, interns and customers. This policy applies to all work-related settings
and activities, both inside and outside the workplace, and includes business trips
and business-related social events.
This policy also extends to City property, including, but not limited to, its
telephones, copy machines, facsimile machines, computers and computer
applications, such as email and Internet access, which may not be used to engage
in conduct that violates this policy.
Section 3.0: Definitions
For purposes of this policy, prohibited harassment is a form of discrimination that
denigrates or displays hostility or aversion toward an employee because of any of
the EEO Categories or any other legally-protected categories.
Examples of conduct prohibited by this policy include, but are not limited to:
1. Conduct that unreasonably interferes with an individual's work performance,
that creates an intimidating or offensive work environment, or that otherwise
adversely affects an individual's employment opportunities based on any of
the EEO Categories, or any other legally-protected categories.
2. Hostile physical contact, intimidating acts, threats of such actions or violence,
or any other actions that may be considered threatening or hostile in nature
and implicating any of the EEO Categories or any other legally-protected
categories.
3. Nonverbal conduct, including staring, leering, and gestures implicating any of
the EEO Categories or any other legally-protected categories.
4. Derogatory remarks, epithets, slurs, negative stereotyping, offensive jokes,
bullying, teasing, the display or circulation of offensive printed, visual or
electronic materials or similar misconduct that implicates any of the EEO
Categories or any other legally-protected categories.
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City of Lebanon
New Hampshire
ADMINISTRATIVE POLICIES & PROCEDURES
ANTI-HARASSMENT, EEO AND SEXUAL
HARASSMENT
Policy Number Effective Date Last Revision Page No.
ADM-123.1
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Approved by: Shaun Mulholland, City Manager
Sexual Harassment
Under state and federal law, harassment on the basis of sex constitutes unlawful
sex discrimination. This is true regardless of whether the individual engaged in
harassment and the individual being harassed are of the same or different genders.
In addition to the conduct prohibited above, the City expressly prohibits sexual
harassment, including unwelcome sexual advances, requests for sexual favors, and
other physical, visual, verbal and nonverbal conduct of a sexual nature when:
(a) Submission to 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 employment decisions affecting such individual; or
(c) 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.
Examples of sexual harassment prohibited by this policy include, but are not limited
to, the following:
1. Unwelcome advances, demands, pressures, or requests for sexual acts or
favors.
2. Offering employment benefits, such as favorable performance reviews, salary
increases, promotions, increased benefits, or continued employment, in
exchange for sexual favors.
3. Making or threatening reprisals after a negative response to sexual advances.
4. Repeated unwanted sexual flirtations, advances or propositions.
5. Offensive physical contact such as unwanted patting, grabbing, pinching,
brushing against another’s body or impeding or blocking movement.
6. Offensive visual conduct, including leering, making sexual gestures, or the
display of offensive sexually suggestive objects or pictures, cartoons or
posters.
7. Offensively suggestive or obscene letters, notes or invitations.
8. Offensive sexually-oriented verbal comments, whistling, epithets, slurs,
teasing or jokes.
9. Continued or repeated verbal abuse of a sexual nature.
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City of Lebanon
New Hampshire
ADMINISTRATIVE POLICIES & PROCEDURES
ANTI-HARASSMENT, EEO AND SEXUAL
HARASSMENT
Policy Number Effective Date Last Revision Page No.
ADM-123.1
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Approved by: Shaun Mulholland, City Manager
10. Graphic, degrading, or other sexual comments about an individual's
appearance or sexual activity.
Employee Responsibility - All employees are responsible for ensuring that the
workplace is free from conduct that is prohibited by this policy. Employees are
expected to avoid any behavior or conduct that could reasonably be interpreted or
perceived as prohibited under this policy. No City personnel are exempt from the
requirements of this policy.
Section 4.0: Policy Detail
This policy prohibits all behavior, whether physical, visual, verbal, or nonverbal that
may constitute discrimination or harassment of any kind based on the EEO
Categories or any other legally-protected categories. Harassment is a form of
misconduct that is demeaning to another person and undermines the integrity of
the employment relationship.
Section 5.0: Procedures
The City is committed to investigating all complaints or concerns regarding potential
violations of this policy promptly, objectively, and thoroughly. Employees and
others who have concerns or complaints about harassment or discrimination under
this policy should follow these steps:
A. Employees who experience conduct that they believe may violate this policy
may consider discussing the matter directly with the offending party. If the
employee who is experiencing the offending conduct does not believe it is
appropriate to address the situation in this way, or the employee has
attempted to discuss the matter previously and this has not solved the
problem, the employee may decide not to address the matter with the
offending party.
B. Whether or not an employee addresses the matter directly with the offending
party, employees who experience conduct that they believe may violate this
policy should immediately report the alleged acts to their supervisor or
department head so that steps may be taken to prevent further harassment
and so that appropriate investigative and corrective measures may be
initiated as needed. When it is not practical for an employee to speak with
their supervisor or department head (or if the supervisor or department head
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City of Lebanon
New Hampshire
ADMINISTRATIVE POLICIES & PROCEDURES
ANTI-HARASSMENT, EEO AND SEXUAL
HARASSMENT
Policy Number Effective Date Last Revision Page No.
ADM-123.1
Previous 09-01-A 03/27/2009 7/11/2022 Page 5 of
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Approved by: Shaun Mulholland, City Manager
is committing the offending conduct), the employee may instead report the
matter to the Human Resources (HR) Director or the City Manager. This
report may be made verbally, or in writing using the City’s Complaint Form.
In the alternative, the employee may file a report using the City’s online
form.
C. Volunteers, interns, applicants, and members of the public may report
offending conduct to the HR Director, City Manager, or through the online
reporting form.
City Response
Upon receipt of a complaint under this policy, the City will proceed as follows:
A. If the complainant initially reports the matter to a supervisor/department
head, the supervisor/department head to which the complainant initially
reported the allegation shall promptly inform the HR Director or City Manager
of the complaint and deliver the Complaint Form, if it was used.
B. Upon learning of the complaint, the HR Director or City Manager will make
contact with the complainant to acknowledge receipt of the complaint.
C. Where appropriate, the HR Director or City Manager, if needed, can direct the
complainant to complete the Complaint Form, or otherwise provide the basic
and initial details of the alleged incident including names and witnesses. The
HR Director or City Manager will then refer the matter to the investigating
authority, if needed. (Unless otherwise directed by the City Manager, the HR
Director is designated as the investigating authority).
D. The investigating authority shall review the complaint or concern (including,
where appropriate, interviewing the complaining individual) to determine
whether, if sustained, the allegation may violate this EEO and Anti-Sexual
Harassment Policy.
1. If the investigating authority determines that the allegation could
violate this policy, the investigating authority shall investigate the
matter promptly, thoroughly, and objectively.
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City of Lebanon
New Hampshire
ADMINISTRATIVE POLICIES & PROCEDURES
ANTI-HARASSMENT, EEO AND SEXUAL
HARASSMENT
Policy Number Effective Date Last Revision Page No.
ADM-123.1
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Approved by: Shaun Mulholland, City Manager
2. If a sustained allegation would not result in a violation of this policy,
the investigating authority may refer the complaining employee to
another resource for assistance.
E. The investigating authority may consult with outside professionals, including
but not limited to the Police Chief or Deputy Police Chief if the investigation
reveals or suggests evidence of criminal activity of potential workplace
violence, or others, as appropriate.
F. The investigation will typically include interviews of both the complainant and
the respondent, and, if appropriate, any witnesses to the alleged incident.
G. If interviewed, the respondent will be informed of the nature of the
allegation(s) against them; given sufficient information about the allegations
to provide them with a reasonable opportunity to respond before any
disciplinary action is imposed; and will not be assumed to have violated this
policy unless, and until, the investigation establishes that they have done so.
H. If information that is collected during the investigation establishes that the
alleged EEO and Anti-Sexual Harassment Policy violation did occur,
appropriate disciplinary action will be taken promptly, up to and including
discharge. If the investigation reveals violations of other City policies, the
investigating authority will refer the violations to appropriate City supervisory
personnel for review/action.
I. The HR Director and/or City Manager will inform the parties to whether the
investigation sustained the alleged policy violation.
J. Accusations made in bad faith, or with intent to harass, will result in
disciplinary action up to, and including, discharge.
K. Complainants or respondents may request review by the City Manager of the
investigation or disposition of a claim under this policy.
This policy is intended to offer an internal resolution of the harassment complaint.
It in no way prevents an aggrieved party from exercising any rights before another
appropriate forum, such as the NH Commission for Human Rights (NHCHR). The
City of Lebanon will in no way discourage an employee from exercising such rights.
Information on how to file a claim can be found on the NHCHR website.
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City of Lebanon
New Hampshire
ADMINISTRATIVE POLICIES & PROCEDURES
ANTI-HARASSMENT, EEO AND SEXUAL
HARASSMENT
Policy Number Effective Date Last Revision Page No.
ADM-123.1
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Approved by: Shaun Mulholland, City Manager
Management Responsibility
Any manager or supervisor who has witnessed, heard, heard of, or otherwise been
made aware of conduct that is or may be inconsistent with this policy or who
receives a report of conduct, from any source whatsoever, that is inconsistent with
this policy must report the matter immediately to the City Manager or HR Director.
Failure to report an allegation of EEO harassment or discrimination of which a
supervisor or manager is aware may result in disciplinary action up to and including
termination.
Timing of Investigation and Corrective/Remedial Action
All reports that the City receives of potential violations of this policy will be
promptly investigated in as timely and thorough a manner as possible and in
accordance with the requirements of applicable law. While no precise timetable can
be given, complaints will generally be responded to and an investigation
commenced within days of receipt of any complaint. Remedial action will be taken
as soon as the investigation has ended and a conclusion has been reached.
Ordinarily the process takes days or weeks, depending on the nature and extent of
the allegations, the number of persons involved, and other factual circumstances
that may exist. In extenuating circumstances, it can take longer.
Confidentiality
The City recognizes that allegations of harassment and retaliation can be extremely
sensitive, and endeavors to maintain the confidentiality of investigations to the
greatest extent possible while still appropriately responding to concerns. Certain
circumstances may require the investigator to disclose information related to
complaints and investigations in order to conduct a full and fair investigation or for
other legitimate legal or business reasons. The investigator will only disclose
information and involve individuals as appropriate to complete the investigation.
Retaliation
The City strictly prohibits and does not tolerate retaliation against any individual
who participates in any activity that is protected by law and/or this policy. This
prohibition extends to all forms of unlawful retaliation, including discipline,
intimidation, loss of benefit and/or adverse employment action as a result of an
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City of Lebanon
New Hampshire
ADMINISTRATIVE POLICIES & PROCEDURES
ANTI-HARASSMENT, EEO AND SEXUAL
HARASSMENT
Policy Number Effective Date Last Revision Page No.
ADM-123.1
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Approved by: Shaun Mulholland, City Manager
employee’s participation in any protected activity. Examples of protected activities
include, but are not limited to:
A. Making a good-faith complaint regarding harassment or discrimination
implicating any of the EEO Categories or other categories protected by law;
and,
B. Cooperating in an investigation under this policy.
Employees who experience conduct that may violate this policy should report the
situation immediately, either to the investigating authority or using the “Reporting
Procedures” outlined above. Any supervisor or manager who observes or learns of
conduct that may constitute retaliation under this policy must immediately report
the issue to the HR Director or the City Manager.
Individuals found to have engaged in prohibited retaliation will be subject to
disciplinary action, up to and including termination from City employment.
Section 6.0: References (Charter/Code/State Statues)
Section 7.0: Policy & Procedure Revision History
Section Revisions Date
Original Adoption 3/27/2009
Amendment All Reformatted, multiple sections revised 7/11/2022
Amendment
Amendment
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City of Lebanon
New Hampshire
ADMINISTRATIVE POLICIES & PROCEDURES
ANTI-HARASSMENT, EEO AND SEXUAL
HARASSMENT
Policy Number Effective Date Last Revision Page No.
ADM-123.1
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Approved by: Shaun Mulholland, City Manager
ACCEPTANCE OF EQUAL EMPLOYMENT OPPORTUNITY (EEO) AND ANTI-
SEXUAL HARASSMENT POLICY
I acknowledge that I have received, read and agree to comply with this policy and
this form will be filed in my official personnel file.
__________________________________ _____________________
Employee Signature Date:
____________________________________
Print Employee Name
____________________________________ ______________________
Supervisor’s Signature Date
__________________________________
Print Supervisor’s Name
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Shaun Mulholland
Shaun Mulholland
7/11/2022
7/11/2022
City of Lebanon
New Hampshire
ADMINISTRATIVE POLICIES & PROCEDURES
ANTI-HARASSMENT, EEO AND SEXUAL
HARASSMENT
Policy Number Effective Date Last Revision Page No.
ADM-123.1
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Approved by: Shaun Mulholland, City Manager
Addendum A
COMPLAINT FORM (return promptly to HR Director)
Reporting party: __________________________________________________
Date of incident: __________________________________________________
Time of incident: __________________________________________________
Identify parties involved: _____________________________________________
_________________________________________________________________
Identify any witnesses: ______________________________________________
_________________________________________________________________
Location of incident: _________________________________________________
Description of incident: ______________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
Prior incidents involving any of the same parties: __________________________
_________________________________________________________________
Signed: _______________________ Dated: __________________
This page is intended for use as a basic and initial template for the type of
information that may be needed for the City to review a complaint under its Equal
Employment Opportunity (EEO) and Anti-Sexual Harassment Policy). While this
form may be a helpful resource for individuals with complaints under the EEO and
Anti-Sexual Harassment Policy, this form is not required.
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