Loading...
HomeMy Public PortalAboutResolution 1760 RESOLUTION NO. 1760 A RESOLUTION AMENDING THE VILLAGE OF PLAINFIELD'S POLICY PROHIBITING SEXUAL HARASSMENT WHEREAS, the Village of Plainfield ("Village"), Will and Kendall Counties, Illinois, is a home rule municipality in accordance with Article VII, Section 6(a) of the Constitution of the State of Illinois of 1970, and is a duly constituted public agency; and WHEREAS, on or about November 16, 2017,the Illinois General Assembly enacted Public Act 100-0554, an Act concerning government and the adoption of a policy prohibiting sexual harassment; WHEREAS, on or about December 18,2017,the Village adopted by Resolution, a Policy Prohibiting Sexual Harassment; WHEREAS, on or about August 24, 2018,the Illinois General Assembly enacted Public Act 100-1066, expanding the time to file a charge alleging a civil rights violation with the Illinois Department of Human Rights, from 180 days to 300 days; WHEREAS, the Village now desires to amend its Policy Prohibiting Sexual Harassment to comply with Public Act 100-1066; WHEREAS, all prior existing sexual harassment policies of the Village shall be superseded by the amended Policy Prohibiting Sexual Harassment authorized by this Resolution; and WHEREAS, should any section or provision of this Resolution, or the attached Policy Prohibiting Sexual Harassment, be declared to be invalid,that decision shall not affect the validity of this Resolution or the subject policy, as a whole or any part thereof, other than the part so declared to be invalid. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF PLAINFIELD, WILL AND KENDALL COUNTIES, ILLINOIS, as follows: SECTION ONE: The findings of the Preamble to this Resolution are incorporated herein and made a part hereof by this reference. SECTION TWO: This Resolution shall be known as a Resolution Amending the Village of Plainfield's Policy Prohibiting Sexual Harassment, and the amended policy attached hereto as Exhibit"A", is hereby adopted, and shall be in full force and effect after its passage, approval, and publication in pamphlet form, as provided by law. PASSED this 19th day of November, 2018. AYES: Larson,Newton, O'Rourke, Wojowski, Bonuchi, Lamb NAYS: None ABSENT: None APPROVED this 19th day of November, 2018. ./// /49'� chael P. Collins illage President ATTESTED AND FILED IN MY OFFICE: Michelle Gibas Village Clerk 10 If 44' / i / (,) ' o, r. • * • Iii . • 4 ' • • • • • I • ) /./ . EXHIBIT "A" 5.3 HARASSMENT, DISCRIMINATION AND RETALIATION PREVENTION POLICY The Village is committed to establishing a policy for employees, and applicable third-parties (volunteers, applicants, citizens, vendors, visitors, contractors, etc.)to ensure a workplace free of all harassment, discrimination and retaliation based on any protected characteristics including: race, color, national origin, ancestry, disability, religion, age, gender/sex, pregnancy, sexual orientation, veterans or military status, order of protection status, marital status, genetic information and any other characteristic protected by applicable Federal, State and local laws to provide for the prompt, thorough and effective investigation of all harassment, discrimination and retaliation reports and to provide a process for eliminating all such conduct. A violation of this policy does not necessarily violate the law. However, the Village will not tolerate any conduct inconsistent with this policy and will enforce this policy regardless of whether the conduct itself constitutes a violation of any Federal, State or local laws. Prohibited Conduct Harassment, discrimination and retaliation of, or against, any employee or third-party (volunteer, applicant, citizen, vendor, visitor, contractor, etc.) has no place in the work environment and will not be tolerated. Accordingly, the Village does not authorize and will not tolerate any form of harassment, discrimination or retaliation by employees or third-parties (volunteers, applicants, citizens, vendors, visitors, contractors, etc.). Prohibited conduct includes, but is not limited to, verbal, physical, visual and/or derogatory comments based on any protected characteristics including: race, color, national origin, ancestry, disability, religion, age, gender/sex, pregnancy, sexual orientation, veterans or military status, order of protection status, marital status, genetic information and any other characteristic protected by applicable Federal, State and local laws. Examples of prohibited conduct include, but are not limited to: (a) Verbal Conduct such as epithets, derogatory jokes, innuendos or comments, stereotyping and slurs based on protected characteristics, as well as unwanted sexual advances, stereotyping, invitations or comments; (b) Visual Conduct such as derogatory posters, photography, cartoons, calendars, emails, magazines, music, drawings, sexually explicit materials, graffiti, computer internet sites or gestures based on protected characteristics; (c) Physical or Other Conduct such as unwanted touching or physical contact, assault, suggestive looks, leering, threats, blocking normal movement or interfering with work or assigning undesirable work to create adverse working conditions for an individual because of that person's protected characteristics; and (d) Retaliation such as threats, reprimands, demotions, suspension, discharge or other form of discipline or other adverse action for having reported, or stating an intent to report, conduct inconsistent with this policy, witnessing or participating in an investigation. Definition and Prohibition of Sexual Harassment Sexual harassment is conduct based on sex, whether directed toward a person of the opposite or same sex. Sexual harassment includes any unwelcome or unwanted sexual advances, requests for sexual favors, or other verbal, physical, or visual conduct based on sex, gender or of a sexual nature when (1) submission to the conduct is an explicit or implicit term or condition of employment; (2) submission to or rejection of the conduct is used as the basis for an employment decision affecting the individual; or(3) the conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment. This policy forbids harassment based on sex/gender regardless of whether it rises to the level of a legal violation. The Village considers the following conduct to represent some, but not all, of the types of acts that violate this policy: (a) Physical Conduct such as physical assaults of a sexual nature, including, but not limited to, rape, sexual battery, molestation, intentional physical conduct which is sexual in nature, such as touching, hugging, kissing, pinching, patting, grabbing, etc. (b) Verbal Conduct such as unwanted sexual advances, propositions or other sexual comments or innuendoes, including but not limited to, sexually oriented gestures, noises, remarks,jokes, comments, sexual propositions, statements or verbal abuse of a sexual nature. (c) Threats and demands to submit to sexual requests as a condition of continued employment, or to avoid some other loss, and offers of employment benefits in return for sexual conduct; or preferential treatment and promises of preferential treatment to an employee for submitting to sexual conduct. (d) Visual Conduct such as sexual or discriminatory displays or publications anywhere in the Village workplace by Village employees including, but not limited to, pictures, posters, signs, calendars, graffiti, objects, reading materials, or other materials that are sexually suggestive, demeaning or pornographic. (e) Textual/Electronic Conduct such as "sexting" (sending electronic messages with sexual content, including but not limited to pictures and/or videos), the use of sexually explicit language,threats, demands, harassment and/or cyber stalking via any form of electronic communication(e-mail, text, picture and/or video message, intranet, internet and/or any social network website). (f) Retaliation such as threats, discipline or other adverse action for having reported or stating the intent to report conduct inconsistent with this policy, or witnessing or participating in an investigation. Everyone is expected to avoid behavior or conduct that could reasonably be interpreted as prohibited harassment under this policy. Employees are encouraged to inform others in the workplace when their behavior is unwelcome, offensive, inappropriate, or in poor taste. Employees are expected to come forward promptly and report any violations pursuant to this policy before the alleged offending behavior becomes severe or pervasive. Reporting Procedures The Village has adopted a no tolerance policy against harassment, discrimination and retaliation. If an employee believes he has experienced conduct inconsistent with this policy, has witnessed such conduct, or knows of any employee who has been subjected to such conduct, the employee shall promptly report it, either verbally or in writing, to any of the following designated individuals: A supervisor, department head, or the Village Administrator and/or the Human Resources Manager located at 24401 W. Lockport Street, Plainfield, Illinois, 60544. These are the designated individuals authorized by this policy to receive and act upon complaints on behalf of the Village. If the person believed to be engaging in the conduct inconsistent with this policy is a member of the designated list, the employee may go to any other individual designated above. Department heads and supervisors must promptly report conduct inconsistent with this policy to the Human Resources Manager. Department heads and supervisors have an affirmative obligation to report any of the following: , (a) Any violation of this policy; (b) Any suspected violation of this policy; and/or (c) Any information or complaint received of any type of harassment, even if the activity does not appear, on its face, to be a violation. To the extent an individual feels he is experiencing conduct inconsistent with this policy, he should ask the person whose conduct is inconsistent with this policy to stop the behavior. The employee should directly and clearly express his objection to the conduct, advise that the conduct is unwelcome, and request that the offending behavior stop. The employee experiencing what he believes to be sexual harassment must not assume the Village is aware of the conduct. If witnesses and/or victims fail to notify a supervisor, department head, the Village Administrator or the Human Resources Manager, the Village will not be presumed to have knowledge of the harassment. Documentation of any incident may be submitted with any report of conduct inconsistent with this policy. All allegations, including anonymous reports, will be accepted and investigated promptly. Due to the serious implications of sexual harassment charges and the difficulties associated with their investigation, a claimant's willing cooperation is a vital component to an effective investigation and an appropriate outcome. Confidentiality The Village will, to the extent feasible and appropriate under the circumstances, maintain the confidentiality of reported complaints by involving only those individuals on a need-to-know basis. Discipline and Consequences If the Village determines that any conduct inconsistent with this policy has occurred, prompt effective remedial corrective action will be taken in accordance with the circumstances involved. Any employee, regardless of position or title, who has engaged in conduct that is inconsistent with this policy, will be subject to discipline, up to and including immediate termination of employment. Violation(s) of this policy, if substantiated, may result in termination on the first offense. All employees are expected to cooperate in investigations of complaints of harassment or discrimination. Retaliation Strictly Prohibited Retaliation is strictly prohibited. Retaliation can be, but is not limited to, actions such as verbal or physical threats, reprimands, demotions, suspension, discharge or other change in the terms or conditions of employment of any employee for having reported or stating an intention to report, conduct inconsistent with this policy, or participating in an investigation. The Village prohibits any retaliation or reprisal against anyone for making or assisting with a complaint, or pursuing any such claim, or cooperating in the investigation of such reports. If an employee has reason to believe he has experienced retaliation or witnessed such conduct or knows of any employee who has been subjected to such conduct, he should promptly report it, verbally or in writing, to any of the following designated individuals: A supervisor, department head, or the Village Administrator and/or the Human Resources Manager located at 24401 W. Lockport Street, Plainfield, Illinois, 60544. These are the designated individuals authorized by this policy to receive and act upon complaints on behalf of the Village. If the person believed to be engaging in the conduct inconsistent with this policy is a member of this designated list, the employee may go to any other individual designated above. Department heads and supervisors must promptly report conduct inconsistent with this policy to the Human Resources Manager. Pursuant to the Illinois 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 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)). Pursuant to the Illinois Human Rights Act(775 ILCS 5/6-101), it is a civil rights violation for a person, or for two or more people to conspire, to retaliate against a person because he has opposed that which he reasonably and in good faith believes to be sexual harassment in employment, because he has made a charge, filed a complaint, testified, assisted or participated in an investigation, proceeding or hearing under the Illinois Human Rights Act. Other Reporting Information The Village is committed to an environment free from harassment, discrimination and retaliation and to preventing and quickly correcting conduct inconsistent with this policy. All employees have a personal responsibility to conduct themselves in compliance with this policy. Employees are encouraged to use the above complaint procedure(s)to report and resolve their complaints of harassment or retaliation to promote prompt resolution of any problems. However, employees may also report allegations of sexual harassment to an ethics officer, inspector general, or file a charge of discrimination in writing with the Illinois Department of Human Rights within 300 days of the harassment, and/or to the Equal Employment Opportunity Commission within 300 days of the harassment at: Illinois Department of Human Rights Equal Employment Opportunity Commission 100 W. Randolph St., Suite 10-100 500 West Madison Street, Ste. 2800 Chicago, IL 60601 Chicago, Illinois 60661-2511 (312) 814-6200 (312) 353-2713 Consequences of a Violation of the Prohibition on Sexual Harassment In addition to any and all other discipline that may be applicable pursuant to this Village policy, other Village policies, employment agreements, procedures, the Village's personnel manual and/or collective bargaining agreement(s), any person who violates this policy or the prohibition on sexual harassment contained in the State Officials and Employees Ethics Act (5 ILCS 430/5- 65), may be subject to a fine of up to $5,000 per offense, applicable discipline or discharge by the Village 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 Village 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. Consequences for Knowingly Making a False Report 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 disciplinary action. Any person who intentionally makes a false report alleging a violation of any provision of this policy shall be subject to discipline, up to and including discharge, pursuant to applicable Village policies, employment agreements, procedures, the Village's personnel manual and/or collective bargaining agreement(s). 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 $5,000 against any person who intentionally makes a false, frivolous or bad faith allegation.