HomeMy Public PortalAboutADM-2009-01_Anti Harassment_Effective 03-27-2009City of Lebanon - Administrative Policy
ANTI -HARASSMENT, EEO AND SEXUAL HARASSMENT
Policy Number: 09-01-A
Approved By:
Greg •' dsager, Cit " an.•er
Effective Date: March 27, 2009
PURPOSE:
SCOPE:
This 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 law. Through
enforcement of this policy and by education of employees, the city strives
to prevent inappropriate conduct that could be considered harassment,
including sexual harassment. In addition, the city will correct any
inappropriate conduct and discipline those who violate this policy. The
City of Lebanon is fully committed to providing equal employment
opportunity to all employees.
It is the intention of the City to avoid and investigate all acts of harassment
in the workplace. To that end, this policy provides procedures for
reporting, investigating and resolution of complaints of harassment.
All City employees, regularly utilized contractors, elected or appointed
officials, and volunteers, regardless of position, location and facility, are
covered by, and are expected to comply with, this policy and to take
appropriate measures to ensure that prohibited conduct does not occur.
This policy supersedes and governs over any predecessor anti -
harassment, EEO, or sexual harassment policies, as well as any
statements or representations by city officials or agents that are
inconsistent with this policy.
City of Lebanon
Administrative Policy #09-01-A — Anti -Harassment Policy
Effective March 27, 2009
Page 1 of 9
While this policy sets forth the city's goals of promoting a workplace that is
free of harassment, including sexual harassment, the policy is not
designed or intended to limit the city's authority to discipline or take
remedial action for workplace conduct which it deems unacceptable,
regardless of whether that conduct satisfies the definition of sexual or
unlawful harassment.
POLICY:
Definition
The City is committed to providing a work environment that is free of any form of
unlawful discrimination, including unlawful harassment and sexual harassment. The city
does not permit behavior, whether physical, visual, verbal, or nonverbal in nature that
may constitute discrimination or harassment of any kind based on sex/gender, race,
color, national origin, religion, age, sexual orientation, physical or mental disability,
pregnancy, marital status, veteran status, genetic profile, or any other legally -protected
status. Harassment is a form of misconduct that is demeaning to another person and
undermines the integrity of the employment relationship.
The City's policy against harassment covers employees and other individuals who have
a relationship with the city which 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, 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.
Unlawful Harassment
It is against the city's policy to engage in physical, visual, verbal and nonverbal conduct
that denigrates or shows hostility or aversion toward an employee because of an
employee's sex/gender, race, color, national origin, religion, age, sexual orientation,
physical or mental disability, pregnancy, marital status, veteran status, genetic profile, or
any other legally -protected status.
City of Lebanon
Administrative Policy #09-01-A — Anti -Harassment Policy
Effective March 27, 2009
Page 2 of 9
Examples of unwelcome 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 and that implicates an
employee's sex/gender, race, color, national origin, religion, age, sexual
orientation, physical or mental disability, pregnancy, marital status, veteran
status, genetic profile, or any other legally -protected status.
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 that
implicate an employee's sex/gender, race, color, national origin, religion, age,
sexual orientation, physical or mental disability, pregnancy, marital status,
veteran status, genetic profile, or any other legally -protected status.
3. 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 an employee's
sex/gender, race, color, national origin, religion, age, sexual orientation, physical
or mental disability, pregnancy, marital status, veteran status, or any other
legally -protected status.
Sexual Harassment
It is also against the City's policy to engage in harassment based on gender, including
offensive conduct that is sexual in nature. This is true regardless of whether the
individual engaged in harassment and the individual being harassed are of the same or
different genders.
Under New Hampshire law, harassment on the basis of sex constitutes unlawful sex
discrimination. Unwelcome sexual advances, requests for sexual favors, and other
physical, visual, verbal and nonverbal conduct of a sexual nature constitute sexual
harassment 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.
City of Lebanon
Administrative Policy #09-01-A — Anti -Harassment Policy
Effective March 27, 2009
Page 3 of 9
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 sexual -oriented verbal comments, whistling, epithets, slurs, teasing or
jokes.
9. Continued or repeated verbal abuse of a sexual nature.
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 unwelcome
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.
Reporting Procedures
All allegations of harassment will be promptly, fairly and objectively investigated. Any
unwarranted publicizing of gossiping about a complaint or investigation will be
considered harassment under this policy. In all cases of harassment the following steps
are recommended:
A. Employees who believe they have been harassed are encouraged to let the person
engaging in the conduct know that they find the conduct unwelcome and offensive.
B. Employees who believe that they have been harassed should immediately report the
alleged acts to their supervisor or department head so that steps may be taken to
protect them from further harassment and so that appropriate investigative and
disciplinary measures may be initiated. When it is not practical for an employee to
speak with his supervisor or department head, the employee may instead report to
the Human Resources Director or the City Manager.
City of Lebanon
Administrative Policy #09-01-A — Anti -Harassment Policy
Effective March 27, 2009
Page 4of9
C. Upon first learning of the complaint, the HR Director or City Manager shall assist the
victim with completing the Addendum A: Harassment Complaint Form for complete
details of the alleged incident including names and witnesses. This Form is
confidential, and will not become part of the complained party's personnel file, and
will be used only to assist the investigation authority in completing the investigation.
Complaining parties are encouraged, but not required, to complete a Complaint
Form
D. The supervisor/department head to which the employee initially reported the
allegation shall promptly inform the investigating authority of the complaint and
deliver the Harassment Complaint Form. Unless otherwise directed by the City
Manager, the Human Resources Director is designated as the investigating
authority.
E. The investigating authority shall promptly and objectively investigate any complaint
alleging harassment.
F. The Police Chief or Deputy Police Chief may be consulted if the investigation reveals
evidence of criminal activity, such as battery, rape or attempted rape.
G. The investigation will include interviews of both the complainant and the alleged
harasser, and, if necessary, any witnesses to the alleged incident.
H. Employees accused of harassment will be informed 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.
I. If information that is collected during the investigation establishes that the alleged
harassment did occur, appropriate disciplinary action will be taken promptly up to
and including discharge.
J. The investigating authority will inform the parties involved of the outcome of the
investigation.
K. Accusations made in bad faith, or with intent to harass, will result in disciplinary
action up to, and including, discharge.
L. This policy is intended to offer an internal resolution of the harassment complaint. It
in no way excludes an aggrieved party from exercising his or her rights before any
other appropriate forum such as the NH Human Rights Commission found at http://
www.nh.gov/hrc. The City of Lebanon will in no way discourage an employee from
exercising such rights.
City of Lebanon
Administrative Policy #09-01-A — Anti -Harassment Policy
Effective March 27, 2009
Page 5 of 9
M. Complainants or employees accused of harassment may request review by the City
Manager of the investigation or disposition of a harassment claim.
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 Human Resources Director.
Failure to report harassment of which a supervisor or manager is aware may result in
disciplinary action up to and including termination.
Investigation and Corrective/Remedial Action
All reports of harassment that the City receives pursuant to this policy will be promptly
investigated in as confidential, 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.
The City recognizes that allegations of harassment and retaliation can be extremely
sensitive. However, certain circumstances may require the investigator to disclose such
information in order to conduct a full and fair investigation or for other legitimate legal or
business reasons. The investigator will only involve those individuals necessary to
complete the investigation.
The steps to be taken during the investigation cannot be fixed in advance, but will vary
depending upon the nature of the allegations. The investigation will generally begin with
a meeting with the supervisor or other person with knowledge of the relationship
between the complaining party and accused and then private interviews with the person
filing the complaint, the alleged victim (if not the person who filed the complaint), and
the person alleged to have committed the misconduct. It may extend to witnesses of
the alleged misconduct.
Retaliation
No hardship, loss of benefit or adverse employment action may be imposed on an
employee for complaining about or filing a good -faith complaint of harassment. Further,
employees may not be harmed in any way for cooperating with or otherwise
participating in the investigation of a complaint. Retaliation is a serious violation of this
policy and should be reported immediately.
City of Lebanon
Administrative Policy #09-01-A — Anti -Harassment Policy
Effective March 27, 2009
Page 6 of 9
If an employee believes that retaliation has occurred against any individual, then the
employee is encouraged to immediately report it through the means described above
under "Reporting Procedures."
If a manager or supervisor is aware of any conduct that may be considered retaliatory in
nature, he or she must report the matter immediately to the Human Resources Director
or City Manager.
Anyone who is found to have retaliated against an employee for complaining about or
reporting a harassment complaint, or for cooperating or otherwise participating in a
harassment investigation, regardless of the job positions of the person involved, will be
subject to discipline, up to and including termination.
City of Lebanon
Administrative Policy #09-01-A — Anti -Harassment Policy
Effective March 27, 2009
Page 7 of 9
ACCEPTANCE OF ANTI-HARASSMENT,EEO & SEXUAL HARASSMENT POLICY
1 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
City of Lebanon
Administrative Policy #09-01-A — Anti -Harassment Policy
Effective March 27, 2009
Page 8 of 9
Addendum A
HARASSMENT COMPLAINT FORM
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 may be used as a template for the type of information necessary to
report an alleged harassment incident). Completed forms should be promptly
given to the HR Division.
City of Lebanon
Administrative Policy #09-01-A — Anti -Harassment Policy
Effective March 27, 2009
Page 9 of 9