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Home My WebLink AboutReso 1993-16983 RESOLUTION NO. 16983 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING COUNCIL POLICY #662-05 ENTITLED "GENERAL & SEXUAL HARASSMENT POLICY" WHEREAS, in 1982, the City of Chula Vista adopted a Sexual Harassment Policy; and, WHEREAS, in 1991, this policy was updated to reflect new laws and court cases in this area and was also expanded to include general harassment based on age, race, religion, color, or creed; and, WHEREAS, in January, 1993, California State Labor Code 1102.1 was amended to provide protection from discrimination to individuals based on their actual or perceived sexual orientation; and, WHEREAS, also effective January 1993, is A.B. 2264 that requires an employer to obtain, post and distribute the California Department of Fair Employment and Housing poster on Sexual Harassment or amend the employer's information sheet on sexual harassment; and, WHEREAS, in the process of updating this policy, definitions and concepts that may have been unclear or inadequate have been changed to enhance understanding and clarity. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby amend Council Policy #662-05 entitled "General & Sexual Harassment Policy" as set forth in Exhibit "A", attached hereto and incorporated herein by reference as if set forth in full. Presented by ~~i~ io by~/~ Candy Bosh~ '~ a 1 Director of Personnel City Attor ey Resolution No. 16983 Page 2 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: GENERAL AND SEXUAL HARASSMENT POLICY EFFECHVE POLICY NUMBER DATE PAGE 662-05 02-09-93 1 OF 5 ADOPTF. I') BY: Resolution No. 16983 [ DATED: 02-09-93 POLICY DISCUSSION The City of Chula Vista is commiffed ro maintaining a workplace environment free from all forms of discrimination and harassment including sexual harassment. The purpose of this wri~en policy is to familiarize employees and supervisors with the legal and moral parameters of harassment. Harassment is not only illegal, it creates a negative work environment that reduces productivity and morale, undermines the integrity of the workplace and destroys professionalism. It is the legal right of every employee to be able ro work in a place that is free from discrimination and harassment. It is the duty of all employees to abide by this policy and the duty of all supervisors and managers ro implement this policy to avoid unnecessary legal and personal conflicts. BACKGROUND The legal framework on which the Courts have based their decisions regarding harassment are rounded upon Federal and State Laws entitling citizens to civil rights. Specifically, Title VII of the Civil Rights Act of 1964, Section 703, the Americans with Disabilities Act of 1990, California Government Code Sections 12940 & 12921, Labor Code Section 1102.1 and other pertinent references clearly state that harassment including sexual harassment, which is a form of discrimination, is in violation of an individual's civil rights; therefore, illegal. The impact of enforcement of these laws has mandated employers to develop, implement, and enforce progressive policy statements prohibiting harassment in order to receive funding and/or avoid costly litigation proceedings. REFERENcF-q Title VII of the Civil RighB Act of 1964, Section 703 EEOC Final Guidelines California Administrative Code, Title 2, Section 7282.6 California Government Code Sections 12940, 12921, and 11135 Americans with Disabilities Act, 1990 (effective January 26, 1992) Labor Code Section 1102.1 POLICY STATEMENT It is the policy of the City of Chula Vista that no officer or employee shall engage in discrimination, including harassment, based on an employee's age, race, national origin, religion, color, creed, disability, sex and/or sexual orientation. Resolution No. 16983 Page 3 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: GENERAL AND SFA'UAL HARASSMENT POLICY EFFECTIVE policy NUMBER DATE PAGE 662-05 02-09-93 2 OF 5 ADOFFED BY: Resolution No. 16983 [ DATED: 02-09-93 GENFAIAL HARASSMF3CF Harassment is defined as unsolicited and unwelcome behavior based on race, religion, color, sex, national origin, creed, disability, age, or sexual orientation. Such behaviors can be manifested in many ways including, but not limited to, written, verbal, visual or physical behaviors. These behaviors can be directed at a specific employee or their family member(s). These behaviors can also be directed at one individual but offend another. Or these behaviors may not be directed at any individual in the workplace but their presence is offensive to one or more co-workers. Such behaviors include: 1. Verbal harassment, e.g., epithets, derogatory comments, slurs, jokes or degrading words used to describe an individual or one of the above groups; 2. Physical harassment, e.g., assault, unwanted touching, impeding or blocking movement, or any physical interference with normal work or movement; 3. Visual forms of harassment, e.g., derogatory posters, cartoons, or drawings; 4. Excluding or ostracizing an employee based on race, religion, color, sex, national origin, creed, disability, age and/or sexual orientation. Sexual harassment is a violation of Section 703 of Tide VII of the Federal Civil Rights Act of 1964 and the State of California Government Code Section 12940. Unwelcome sexual advances, requests for sexual favors, and other verbal, visual or physical conduct of a sexual nature constitute sexual harassment when: 1. Submission to such conduct is made explicitly or implicitly as 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 that individual; or 3. Such conduct affects or has the potential to affect an individual's work performance or creates an intimidating, hostile, or offensive working environment. Resolution No. 16983 Page 4 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: GENERAL AND SEXUAL HARASSMENT POLICY EFFECTIVE Pot~cY NUMBER DATE PAGE 662-05 02-09-93 3 OF 5 ADOPTED BY: Resolution No. 16983 [ DATED: 02-09-93 For the purpose of further clarification, sexual harassment includes but is not limited to: 1. Sexually suggestive or obscene letters, notes, or invitations. 2. Sexual derogatory comments, such as sexual jokes, remarks, questions, teasing, leering, or gestures. 3. Touching, paring, pinching, impeding or blocking movement. 4. Sexually suggestive objects, such as pictures, cartoons, posters. 5. Continuance of expressing sexual interest after being informed that the interest is unwelcomed. 6. Requesting sexual favors as a condition of employment. 7. Engaging in implicit of explicit coercive sexual behavior which is used to control, influence or affect the career, salary and/or work environment of another employee. 8. Engaging in harassment of an employee due to their sexual orientation. COMPLAINT PROCESS If an employee believes that they have been subject to any form of harassment including sexual harassment or are being discriminated against based on the State and/or Federal laws previously cited, they have the right to file a formal or informal complaint. Before a complaint is filed, it is recommended that the violated employee acknowledge to the barasset that their behavior is offensive, unwanted or derogatoni. If harassment continues to persist, a complaint with the City should then be filed. An employee also has the right to f'rie a complaint of discrimination with the California Department of Fair Employment and Housing whether or not they have filed a complaint with the City. Complaints must be made within (1) one year of the harassment. To file a complaint, either call (619)237-7405 or file a complaint in person at 110 West "C" Street, Room 1702, San Diego. The complainant, as well as other employees who support the complainant, are protected against any retaliatory action stemming from the complaint. Those employees involved in any retaliatory events w~l be subject to disciplinary action. The City of Chula Vista will enforce disciplinary action against any person that violates this policy. This discipline can include termination. Resolution No. 16983 Page 5 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: GENERAL AND SEXUAL HARASSMENT POLICY EFFECTIVE POUCY NUMBER DATE PAGE 662-05 02-09-93 4 OF 5 ADOPTED BY: Resolution No. 16983 [ DATED: 02-09-93 COMPLAINT PROCY-F)URE Informal Procedure The allegation of general or sexual harassment should be discussed with any of the following at the complainants's choice: the complainanl~s supenrisor, Department Head, Assistant Director of Personnel, the Director of Personnel, a Deputy City Manager, or the Assistant City Manager. The complainanl/s supervisor and/or Department Head shall be informed and meet with the complainant in an attempt to resolve the complaint at the department level. This should be done within a reasonable period of time from when the incidence or action affecting the employee occurred. If the complainant is not satisfied with the results of the informal procedure, they may inititate the formal procedure. Formal Procedure Step 1 The complainant shall file a written or verbal complaint with the Director of Personnel. The Personnel Director, upon receipt of the complaint, will inform the appropriate Department Head and supervisor of the allegation. The Personnel Director, within (10) ten working days, will assemble a fact finding committe to review the complaint. The fact finding committee will inlcude a Personnel Director representative and an appointee of the City Manager. THe investigation process shall be conducted in a timely manner. The complaint will be reviewed to: 1. Determine applicable legal basis of the complaint. 2. Determine if sufficient grounds exists to substantiate the validity of the complaint which includes interviewing the complainant, alleged harasser, witnesses and any other individual who may have relevant information substantiating or refuting the allegation. Step 2 Upon the completion of the investigation, all parties involved will be informed of the findings with (10) ten working days. The fact finding committee will report the results of their investigation to the Personnel Director, the Department Director, the complainant and the alleged harasseL If the investigation does not yield sufficient evidence to substantiate the allegation, all parties involved will be notified of the findings and the case will be terminated at this step. I'1: Resolution No. 16983 Page 6 COUNCIL POLICY CrFY OF CHULA VISTA SUBJECT: GENERAL AND SEXUAL HARASSMENT POLICY EFFECTXVE POLICY NUMBER DATE PAGE 662-05 02-09-93 5 OF 5 ADOPTED BY: Resolution No. 16983 ] DATED: 02-09-93 Step 3 If it is determined that general or sexual harassment has occurred, the Department Director will initiate appropriate disciplinary action which may be up to and including dismissal. The severity of the discipline will be determined by the severity and/or frequency of the offense. Step 4 If any employee who is disciplined under this procedure has appeal rights, said appeal rights may be exercised. ORIGINAL RESOLUTION ADOPTING THIS POLICYWAS: l1058APPROVED 11-02-82. REVISION TO ORIGINAL POICY WAS: 16134 APPROVED 5/07/91. ? I III Resolution No. 16983 Page 7 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 9th day of February, lgg3, by the following vote: YES: Councilmembers: Fox, Horton, Moore, Rindone NOES: Councilmembers: None ABSENT: Councilmembers: Nader ABSTAIN: Councilmembers: None Pro-Tempore ATTEST: Vicki C. Soder uist,~le uty City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Vicki C. Soderquist, Deputy City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 16989 was duly passed, approved, and adopted by the City Council held on the 9th day of February, 1993. Executed this 9th day of February, 1993. Vi~ki C. Soderquis~'.~.~Deputy City Clerk