Unlawful Harassment Policy

 All employees, applicants, and independent contractors (“workers”) working with the District are to be treated with respect and dignity. The District is committed to providing an atmosphere free of harassment and discrimination based on such factors as race, color, sex, gender identity, religion, marital status, registered domestic partner status, age, national origin or ancestry, physical or mental disability, medical condition including genetic characteristics or information, sexual orientation, veteran status, or any other characteristic made unlawful by applicable federal, state, or local laws. The unlawful harassment policy defines workplace harassment and the repercussions for workplace harassment. 

Please review the following information and complete the section quiz at the end.

 All employees, applicants, and independent contractors (“workers”) working with the District are to be treated with respect and dignity. The District is committed to providing an atmosphere free of harassment and discrimination based on such factors as race, color, sex, gender identity, religion, marital status, registered domestic partner status, age, national origin or ancestry, physical or mental disability, medical condition including genetic characteristics or information, sexual orientation, veteran status, or any other characteristic made unlawful by applicable federal, state, or local laws. Harassment and discrimination are against the law. The District strongly disapproves of and will not tolerate harassment or discrimination of its workers by managers, supervisors, co-workers, independent contractors or members of the public. Similarly, the District will not tolerate harassment or discrimination by its workers against others with whom the District has a business, service, or professional relationship. Because it is difficult to determine whether the conduct is unlawful, the District prohibits all inappropriate and/or disrespectful conduct based on the characteristics identified above, even if such conduct does not violate the law.

Some examples of conduct that may violate this policy includes verbal, physical, and visual contact that creates an intimidating, offensive, or hostile working environment or that interferes with work performance. Some examples of conduct potentially violating this policy include racial or sexist slurs, ethnic or sexist jokes, posting of offensive statements, posters or cartoons, and unwanted touching or blocking of normal movement.

DEFINITION OF SEXUAL HARASSMENT

Sexual harassment is generally defined as unwelcome and unsolicited conduct of a sexual nature, be it written, verbal, physical, visual, or unwelcome behavior and requests for sexual favors. The definition of sexual harassment includes many forms of offensive behavior and includes gender-based harassment of a person of the same sex as the harasser. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexually discriminatory nature constitute sexual harassment when the following occur:

1.       Conduct is either directly linked to the grant or denial of an economic quid pro quo, such that submission to such conduct is made explicitly or implicitly as a term or condition of an individual’s employment or submission to or rejection of such conduct by an individual is used as the basis for an employment decision affecting that individual; or

2.       The conduct has the purpose or effect of unreasonably interfering with the individual’s work performance or creates a hostile, offensive, or intimidating work environment.

Prohibited unlawful harassment because of sex includes, but is not limited to, the following behavior:

a.   Suggestive or obscene letters, notes, or invitations;

b.   Verbal conduct such as epithets, derogatory jokes or comments, remarks, questions, teasing, slurs or unwanted sexual advances, invitations or comments;

c.   Visual conduct such as derogatory and/or sexually-oriented posters photography, cartoons, drawings or gestures;

d.   Physical conduct such as assault, unwanted touching, blocking normal movement or interfering with work because of sex, race or any other protected basis;

e.   Requesting sexual favors accompanied by reprisal, threat of reprisal, or implied threat of reprisal following a negative response. For example:

a.   Implying or actually withholding support for an appointment, promotion or change of assignment;

b.   Suggesting a poor performance report will be prepared;

c.   Or suggesting probation will be failed.

f.        Engaging in implicit or explicit coercive sexual behavior which is used to control, influence, or affect the career, salary, and/or work environment of another employee;

g.   Offering favors of employment benefits such as promotion; favorable performance evaluations or recommendations; favorable assigned duties or work shifts in exchange for sexual favors; and

h.   Retaliation for having reported, or threatening to report, harassment.

COMPLAINT PROCEDURE

This District has a policy against harassment due to sex, which includes sexual harassment, gender harassment and harassment due to pregnancy, childbirth or related medical conditions. If you are harassed, you may warn the offending individual that his or her behavior is unwelcome, offensive or inappropriate and that any further incident(s) will cause you to report the offending employee’s, manager’s, supervisor’s, or board member’s behavior.

If you believe that you have been unlawfully harassed by another employee, manager, supervisor, or board member, you may file a formal or informal complaint without fear of reprisal or embarrassment.

1.       An informal complaint can be made verbally to:

a.       Your own Supervisor or the General Manager.

b.       Any other District Supervisor if the complaint is against your own Supervisor.

c.       The Board Chair if the complaint is against the General Manager.

d.       The Board Chair or the General Manager if the complaint is against a board member.

2.       A formal complaint can be made in writing to:

a.  Your own Supervisor or the General Manager. b. Any other District Supervisor if the complaint is against your own Supervisor.

b.       The Board Chair if the complaint is against the General Manager.

c.       The Board Chair or the General Manager if the complaint is against a board member.

Your complaint will be kept confidential to the extent reasonably possible; however, you should know that all harassment complaints have limited confidentiality. Complaints should be submitted as soon as possible after the incident so the District can immediately undertake an effective, thorough and objective investigation of the harassment allegations.

The District will investigate your complaint thoroughly. Upon notice of an informal complaint or receipt of a formal complaint, the General Manager and/or Board Chair will investigate the complaint with the assistance of the District’s counsel. When the General Manager and/or Board Chair have completed the investigation, a written report will be presented to the Administration Committee. If the complaint is not resolved by the Administration Committee, you may request to have the complaint heard by the Board of Directors.

The District will investigate your complaint promptly. Upon the conclusion of the investigation, the District will notify you of the outcome of the investigation and what action, if any, will be taken by the District. If the District finds that harassment has occurred, disciplinary action will be taken against the harasser.

At any time during these procedures, you may withdraw your complaint.

If the complaint is against the General Manager, the Chairman of the Board of Directors shall perform the duties of the General Manager herein with the assistance of the District’s counsel.

The District encourages all employees to immediately report any incidents of harassment forbidden by this policy so that complaints can be quickly and fairly resolved. You should also be aware that the Federal Equal Employment Opportunity Commission and the California Department of Fair Employment and Housing investigate and prosecute the complaints of prohibited harassment in employment. If you think you have been harassed or that you have retaliated against for resisting or complaining, you may file a complaint with the appropriate agency in addition to, or separate from, filing a complaint with the District.

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If you have any questions please email HR at hr@chicorec.gov