RESOLUTION NO. 19-11

A RESOLUTION ENACTING A HARASSMENT AND DISCRIMINATION FREE WORK PLACE POLICY

PREAMBLE

The City of Sodaville is committed to providing its employees with a workplace that is free of illegal bias, prejudice and harassment. It is committed to creating and maintaining an environment in which each person is respected and valued without regard to protected status.

POLICY

The City of Sodaville's policy is to prohibit workplace harassment and discrimination on the basis of race, color, sex, age, religion, national origin, political affiliation, marital status, sexual orientation, gender identity, source of income, familial status, or physical or mental disability or other protected status in any personnel action and in accordance with applicable law.

Prohibited workplace harassment and discrimination is unacceptable in the workplace, in any work-related setting outside the workplace and when using City of Sodaville owned equipment including vehicles and electronic devices such as computers, telephones, photocopiers and faxes.

Employees who violate this rule are subject to disciplinary action, up to and including discharge.

Every employee shares the responsibility for promptly bringing to the City Administrator's attention any conduct that interferes with providing a work environment free of illegal discrimination and harassment.

DEFINITIONS

HARASSMENT: Verbal or physical conduct that is derogatory or shows hostility towards an employee be-cause of race, color, sex, age, religion, national origin, political affiliation, marital status, sexual orientation, gender identity, source of income, familial status, or physical or mental disability or other protected status in accordance with applicable law, and

(A) Has the purpose or effect of creating an intimidating, hostile or offensive work environment;

(B) Has the purpose or effect of unreasonably interfering with an employee's work performance; or

(C) Otherwise substantially and adversely affects an employee's employment opportunities,

SEXUAL HARASSMENT: Any unwelcome conduct including but not limited to sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when, for example:

(A)Submission to such conduct is made either explicitly or implicitly a term or condition of an employee's employment;

(B) Submission to or rejection of such conduct by an employee is used as the basis for personnel actions affecting such employee; or

(C) Such conduct has the purpose or effect of unreasonably interfering with an employee's work performance or creating an intimidating, hostile or offensive working environment.

PROHIBITED CONDUCT

(A) Verbal or Physical Conduct:

(1) Use of epithets or slurs because of race, color, sex, age, religion, national origin, political affiliation, marital status, sexual orientation, gender identity, source of income, familial status, or physical or mental disability or other protected status in accordance with applicable law, such as racial slurs or derogatory re-marks based on national origin or ethnicity.

(2) Jokes, pranks or other banter that are derogatory or show hostility because of race, color, sex, age, religion, national origin, political affiliation, marital status, sexual orientation, gender identity, source of in-come, familial status, or physical or mental disability or other protected status in accordance with applicable law, such as making fun of or telling jokes about physical or mental disabilities or sexual orientation; or negative stereotyping.

(3) Unwelcome physical touching or contact, such as pinching, grabbing, patting or touching, hugging; threatening, intimidating, or hostile acts.

(B) Written or Graphic Material: Material that is disparaging of or displays hostility on the basis of race, color, sex, age, religion, national origin, political affiliation, marital status, sexual orientation, gender identity, source of income, familial status, or physical or mental disability or other protected status in accordance with applicable law and is placed on walls or elsewhere on the employer's premises or circulated in the workplace; including sending inappropriate jokes or other written or graphic materials via e-mail, the internet or by fax, or downloading them from the internet.

RETALIATION

The City of Sodaville will not tolerate retaliation against any individual who reports discrimination or harassment, testifies, assists, or participates in any manner in such an investigation, proceeding or hearing, regardless of the outcome of the harassment complaint. Examples of retaliation towards an individual include demotion, suspension, failing to hire or consider hiring, failing to treat impartially when making employment related decisions, assigning the individual the least desirable jobs, etc.

REPORTING

(A) Employees are expected to promptly report suspected violations of this rule.

(B) Complaints may be submitted orally or in writing. A complainant may also include a suggested method of resolution.

(C) A violation of these rules may be reported to:

(1) Any supervisor or manager;

(2) City Administrator; or

(3) City Mayor and City Council.

City Administrators will inform their employees of the names of department staff to contact, in addition to the employee's immediate supervisor, if an employee wishes to file a workplace harassment complaint. City Administrators may also establish additional procedures that are consistent with this Rule for handling complaints. Any departments that have established additional procedures will give notice to their employees.

(D)The individual who receives the complaint may discuss options for informally resolving the complaint with the complainant. This is not a required first step.

(E) All complaints will be thoroughly and promptly investigated. Confidentiality will be maintained to the extent permitted by the circumstances.

(F) The individual making the complaint and the accused will be notified of the results of the investigation and whether action will be taken. Retaliation will not be tolerated. Immediate action will be taken in situations where prohibited harassment or discrimination occurred.

ACCOMMODATION BASED ON GENDER IDENTITY

REQUEST FOR ACCOMMODATION OR ASSISTANCE WITH WORKPLACE ISSUES BASED ON GENDER IDENTITY

(A) Employees who think that they may need an accommodation related to the use of gender-specific facilities, such as restrooms should contact their City Administrator.

(B) Supervisors whose employee requests an accommodation based on gender identity should contact the City Administrator.

(C) Requests for accommodation should be made in writing to the City Administrator.

(D) Employees needing assistance with workplace issues should contact the City Administrator.

Passed by the Council this 21 day of November, 2019.