HomeMy Public PortalAbout808.26 - Human Resources - Personnel Management - HarassmentExecutive Offices
Human Resources Division Section 808.26
Policies and Procedures Manual Page 1
808.26: Harassment
Objective:
To establish a reporting and investigation procedure for complaints of
harassment made by or against City employees.
Authority:
This policy amended by City Council December 7, 2020, Item A-6.
Direction:
Department Directors, Office Heads, Division Managers.
Functions:
1. Definitions
The following words, for the purpose of this procedure, shall mean:
a. City – is the City of Orlando Government
b. Employee – Is any person who is on the payroll of the City of
Orlando.
c. Harassment – Is any verbal or physical conduct, whether
committed while on or off duty, that denigrates or shows
hostility or aversion toward an individual because of his/her
race, color, religion, gender, gender identity, national origin,
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age, sexual orientation, disability, pregnancy, or genetic
information or that of his/her relatives, friends, or associates
and that for a reasonable person:
i. Has the purpose or effect of creating an intimidating,
hostile, or offensive work environment;
ii. Has the purpose or effect of unreasonably interfering with
an individual’s work performance; or
iii. Otherwise adversely affects an individual’s employment
opportunities.
Examples of harassment include, but are not limited to,
epithets, slurs, negative stereotyping or threatening,
intimidating, or hostile acts, that relate to race, color,
religion, gender, gender identity, national origin, age,
sexual orientation, disability, pregnancy, or genetic
information, or any display of written or graphic material
that denigrates or shows hostility or aversion toward an
individual or group because of the same.
d. Sexual Harassment is any verbal or physical conduct, whether
committed while on or off duty, of a sexual nature or with sexual
overtones, unwelcome sexual advances, requests for sexual
favors and other 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 an individual's employment; 2)
submission to or rejection of such conduct by an individual is
used as the basis for employment decisions affecting such
individual; or 3) 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.
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Examples of sexual harassment include, but are not
limited to, lewd or sexually suggestive comments; off-
color language or jokes of a sexual nature; slurs and
other verbal, graphic or physical conduct relating to an
individual's sex; lewd or sexually suggestive text
messages or messages or posts on social media; or any
display of sexually explicit pictures, greeting cards,
articles, books, magazines, photos or cartoons.
e. Abusive or Disrespectful Conduct is conduct or speech that is
abusive or demeaning to an individual in a manner that is
inappropriate in the workplace.
2. Policy
The City strongly disapproves of and does not tolerate harassment,
sexual harassment or abusive or disrespectful conduct, whether
made verbally, in writing, electronically, via social media or any other
means. All employees must avoid offensive, disrespectful or
unprofessional behavior and are responsible for assuring that the
workplace is free from such behavior at all times. The City shall
discipline any employee who commits such conduct. Complaints of
such behavior will be promptly and carefully investigated and all
employees are assured that they will be free from any and all reprisal
or retaliation from filing such complaints.
3. Complaint Procedures
a. Harassment:
i. Employees who believe they are being subjected to
harassment must report the conduct to their immediate
supervisor or to the Human Resources Division/Labor
Relations Section. If the complaint is concerning a
superior, the employee may alternatively report the
conduct to the next person up in his/her chain of
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command. Employees in the Orlando Police Department
or Orlando Fire Department may alternatively file their
complaint with the internal investigative unit for the
Department.
ii. An investigation of the complaint will be conducted by the
appropriate supervisor or as otherwise assigned, who
shall notify the Human Resources Division/Labor
Relations Section of the investigation. To the extent
possible and as permitted by law, the investigation will
otherwise remain confidential until concluded.
iii. If the validity of the complaint cannot be determined,
management will ensure that all parties are reacquainted
with the City policy on harassment.
b. Sexual Harassment
i. Employees who believe that they have been subjected to
sexual harassment must timely report the conduct to the
Human Resources Division/Labor Relations Section.
Employees in the Orlando Police Department or Orlando
Fire Department may alternatively file their complaint with
the internal investigative unit for the Department.
ii. The Human Resources Division/Labor Relations Section
investigation will include interviews with all relevant
witnesses including the complainant, the accused and
other potential witnesses.
iii. To the extent possible and as permitted by law, the
investigation will remain confidential until concluded.
iv. Any employee interviewed during the course of an
investigation may be accompanied to the interview by a
union representative, attorney, or fellow employee.
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v. The Human Resources Division/Labor Relations Section
will review its findings with the complainant at the
conclusion of its investigation. The investigative report will
be submitted to Department Director or Chief
Administrative Officer (CAO) or designee for review and
appropriate action, up to and including termination, if
discipline is deemed to be necessary. If the validity of the
complaint cannot be determined, immediate and
appropriate action will be taken to assure that all parties
are reacquainted with this sexual harassment policy.
vi. If the validity of the complaint cannot be determined,
immediate and appropriate action will be taken to assure
that all parties are reacquainted with this sexual
harassment policy.
vii. This procedure is in no way intended to prevent an
aggrieved employee from pursuing a claim through local,
State, or Federal agencies.
c. Abusive or Disrespectful Conduct
i. Employees who believe they are being subjected to
abusive or disrespectful conduct in the workplace are
must report the conduct to their immediate supervisor or
to the Human Resources Division/Labor Relations
Section. If the complaint is concerning the superior, the
employee may alternatively report to the next person up
in his/her chain of command. Employees in the Orlando
Police Department or Orlando Fire Department may
alternatively file their complaint with the internal
investigative unit for their Department.
ii. An investigation of the complaint will be conducted by the
appropriate supervisor or as otherwise assigned who
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shall notify the Human Resources Division/Labor
Relations Section of the investigation.
d. Referral to Services
i. Employees who file complaints under this policy shall be
advised about the availability of EAP and other
appropriate resources.
e. Retaliation Prohibited
i. Retaliation against any employee for filing a harassment
or discrimination complaint, or for assisting, testifying,
cooperating or participating in the investigation of such a
complaint is strictly prohibited. Any employee who
believes that they have been a victim of retaliation must
report the conduct to the Human Resources
Division/Labor Relations Section. Employees in the
Orlando Police Department or Orlando Fire Department
may alternatively file their complaint with the internal
investigative unit for the Department.
f. Managerial and Supervisory Responsibilities
i. It is the duty of every manager and supervisor to monitor
their workforce and to take action to prevent any type of
conduct prohibited by this policy. Any manager or
supervisor observing or otherwise made aware of
prohibited conduct must report the conduct to the Human
Resources Division/Labor Relations Section, investigate
that conduct, and take appropriate disciplinary action
pursuant to section g. It is further the duty of every
employee to cooperate in the investigation of any alleged
violation of this policy.
g. Disciplinary Action
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i. Disciplinary action, if warranted, will be taken for any
violation of this policy, in accordance with Policy and
Procedure 808.20 and applicable collective bargaining
agreements.
Forms:
None.
Committee Responsibilities:
None.
Reference:
Section 703(a)(1) of Title VII of the Civil Rights Act of 1964; Equal Pay Act
of 1963; the Age Discrimination in Employment Act of 1967; Title I of the
Americans with Disabilities Act of 1990; 42 U.S.C. '2000e-(a)(1); Title II of
the Genetic Information Nondiscrimination Act of 2008; Executive Order
11246 as amended by Executive Order 11375. Procedure adopted by City
Council July 20, 1981, Item 11; amended April 6, 1992, Item 2(II); amended
June 21, 1993, Item 2-P; amended January 10, 1994, Item 8-K; amended
July 17, 2000, Item 3-FF; amended September 11, 2000, Item 7X;
amended September 15, 2003; re-formatted only April 2004; amended May
10, 2010, Item A-2; amended July 28, 2014, Item A-1; amended November
12, 2018, Item A-5; amended September 21, 2020, Item A-2; amended
December 7, 2020, Item A-6.
Date:
This policy effective December 7, 2020.