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HomeMy WebLinkAbout1991/05/07 Item 13 COUNCIL AGENDA STATEMENT ITEM i3 MEETING DATE May 7. 1991 ITEM TITLE: RESOLUTION .1'11; Amending Counci 1 Pol icy #662-05, "Sexual Harassment Policy", and adopting amended Council Policy #662- 05 entitled "General and Sexual Harassment Policy" . DIRECTOR OF PERSONNELC~ SUBMITTED BY: REVIEWED BY: CITY MANAGER ~ (4/5th Vote: YES_ NOl) RECOMMENDATION: That Council adopt the resolution to amend Council Pol icy #662- 05 replacing Resolution #11058. BOARDS AND COMMISSIONS RECOMMENDATIONS: None DISCUSSION: In 1982 the City of Chula Vista adopted Resolution 11058, "Sexual Harassment Pol icy" . The pol i cy defi ned sexual harassment, estab 1 i shed the standards for providing a workplace that was free from all types of di scri mi nati on i ncl udi ng sexual harassment and commi tted the City to the guidelines set forth by the Equal Employment Opportunity Commission in regards to defining sexual harassment in relationship to the Federal laws it violates. Since 1982, court cases dealing with sexual harassment have further defined and clarified the issues. It has also become apparent that a policy that dealt with general harassment was needed to establish clear and legally defensible gui de 1 i nes for a 11 employees in thi s area. Therefore, thi s new pol i Cy is a combination of qeneral and sexual harassment which reflects language that has been developed through more recent court cases. It also provides a complaint process that permits employees who believe that they have been either harassed or discriminated against to take action to correct the situation. Attached is a copy of the old policy. The new policy is not a revision of the old policy; therefore, a document showing deletions and additions is not feasible FISCAL IMPACT: None A:\A113\HARASS.POL t3..lII~"1. ~,_-.-,...._......'~ J..... -~~ _.....-.....il.... ,~~."~.__.....~ ..... .u"'aIi~~" ~~:"_~'-"'''~L''''''''''~''''~''' OLD POll CY -------- EXHIBIT A SEXUAL HARASSMENT POLICY The City of free from hara ssment. Policy. Chu1 a Vi sta a 11 forms This policy has as its policy to provide a working environment of prohibited discrimination, including sexual is an augmentation of the City's Affirmative Action Se,x,lJal harassment is an offensive working condition that will not be tolerated. The Equal Employment Opportunity Commission, in their guidelines, has taken the view that the following conduct violates Federal law: Unwe1 come sexual advances, requests for sexual favors, and other verbal and/or physical conduct of a sexual nature constitute sexual harassment when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (2) submi ssi on 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. Wri tten examp1 es of sexual harassment i nc1 ude suggestive or obscene 1 etters, notes and invitations; verbal examp1 es i ncl ude derogatory comments, sl urs or jokes; physical examples include assault, touching, impeding or blocking movements; and visual examples include leering, sexually oriented gestures, or di spl ay of sexually suggestive or derogatory objects, pictures, cartoons, or posters. Other examples include the threat Or insinuation that lack of sexual favors will result in repri sa1; withholding support for appointments, promotion Or transfer; rejection on probation; punitive actions; change of assignments; or a poor performance report. An employee who feels that this policy is being violated shall report this to the appropri ate supervi sor or department head. Enforcement of thi s pol icy will be hand1etl at the departmental level. The department head will initiate an investigation and take disciplinary action if the facts indicate a violation of the policy. Whether or not an alleged conduct constitutes harassment will be determi ned by look i ng at the enti re record and at the totality of the circumstances, such as the nature of the sexual advances and the context in which the alleged incidents occurred on a case by case basis. The Personnel Department will provi de a neutral, thi rd-party staff person to sit in on all meetings between the employee making the complaint and the department. The neutral role will be to help clarify issues and assure that all parties receive a fair hearing of the facts. This policy is not to be construed as prohibiting mutually welcome social relationships between employees which have no bearing on employment decisions, benefits or conditions. SAT:d1 WPC 0028K 13-1- COUNCIL POllCY CITY OF CHUrA VISTA SUBJECT GENERAL AND SEXUAL HARASSMENT POLICY POllCY NT EFFECITVE PAGE 662-05 XX-XX-91 1 of 5 ADOP'IED BY: Reso1 ution No. XXXXX DATED: XX-XX-91 POLICY DISCUSSION The City of Chu1a Vista is committed to maintaining a workplace environment free from all forms of discrimination and harassment inc1 udi ng sexual harassment. The purpose of thi s written pol icy is to familiarize employees and supervisors with the legal and moral parameters of harassment. Harassment is not only illegal, it creates a negative work envi ronment that reduces producti vity and moral e, undermi nes the integrity of the workplace and destroys professionalism. It is the legal right of every employee to be able to 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 to implement this policy to avoid unnecessary legal and personal conflicts. BACKGROUND The legal framework for which the Courts have based their decisions regarding harassment are founded upon Federal and State Laws entit1 ing citizens to civil rights. Specifically, Title VII of the Civil Rights Act of 19064, Section 703 and California Government Code Section 12940 & 12921 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 1 itigation proceedings. REFERENCES Title VII of the Civil Rights Act of 1964, Section 703 EEOC Final Guidelines California Administrative Code, Title 2, Section 7282.6 California Government Code 12940, 12921, and 11135 POLICY STATEMENT It is the policy of the City of Chula Vista to prohibit all harassment including sexual harassment of any employee in the City of Chula Vista. The employees of this city have the legal right to work in a discrimination-free environment. 1"3-~ COUNCIL POllCY CITY OF CHULA VISTA SUBJECJ' GENERAL AND SEXUAL HARASSMENT POLICY POLICY NUMBER EFFECJ'IVE DATE PAGE 662-05 XX-XX-9l ~ of 5 ADOPTED BY: Resol ution No. XXXXX DAlEO: XX-XX-9l GENERAL HARASSMENT Harassment is defined as unsolicited and unwelcome behavior based on race, religion, color, sex, creed or age which can be written, verbal, physical or visual. These behaviors can be directed at a specific employee or their family member(s). These behaviors can also be directed at one i ndivi dual but offend another. Or these behavi ors may not be directed at any individual in the workplace but their presence is offensive to one or more co-workers. 1. Verbal harassment, e.g., epithets, derogatory comments or slurs; 2. Physical harassment, e.g., as saul t, impeding or blocking movement, or any physical interference with normal work or movement; 3. Vi sual forms of harassment, e. g., derogatory posters, cartoons, or drawings. SEXUAL HARASSMENT Sexual harassment is a violation of Section 703 of Title VII of the Civil Rights Act of 1964. Unwelcome sexual advances, requests for sexual favors, and other verbal 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. For the purpose of further cl ari fi cati on, general or sexual harassment includes but is not limited to: 1. Sexually suggestive or obscene letters, notes, or invitations. t 3,'1 COUNCIL POllCY CITY OF CHUlA VISTA SUBJECf GENERAL AND SEXUAL HARASSMENT POLICY POUCY NT EFFECTIVE PAGE 662-05 XX-XX-9l 3 of 5 ADOP'IED BY: Resol ution No. XXXXX DAlEO: XX-XX-9l 2. Sexual derogatory comments, such as sexual jokes, remarks, questions, teasing, leering, or gestures. 3. Touching, patting, pinching, impeding or blocking movement. 4. Sexually suggestive objects, such as pictures, cartoons, posters. 5. Conti nuance of expressi ng sexual interest after bei ng informed that the interest is unwelcomed. 6. Requesting sexual favors as a condition of employment. 7. Engaging in impl icit of expl icit coercive sexual behavior which is used to control, influence or affect the career, salary and/or work environment of another employee. COMPLAINT PROCESS If an employee believes that they have been subject to any form of harassment including sexual harassment or are being descriminated 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 harasser that their behavior is offensive, unwanted or derogatory. If harassment continues to persist, a formal complaint should then be filed. The Ci ty of person that termination. Chula Vista will enforce disciplinary action against any violates this policy. This discipline can include '- Complaint Procedure Step 1 The allegation of general or sexual harassment should be discussed with the complainant's department head, supervisor or the Director of Personnel within a reasonable period of time from when the incidence or action affecting the employee occurred. 1.:"3 - s COUNCIL POLICY CITY OF CHUlA VISTA SUBJECf GENERAL AND SEXUAL HARASSMENT POLICY POLICY NUMBER EFFECTIVE DAlE PAGE 662-05 XX-XX-91 4 of 5 ADOP1ED BY: Resol ution No. XXXXX DAlEn: X4-XX-91 Step 2 Upon receipt of the written complaint, the Personnel Director will inform the appropriate department head and supervisor of the allegation. The complainant's supervisor and/or department head shall meet with the complainant in an attempt to resolve the complaint at the departmental level. If the complainant is not satisfied with results of the meeting, the Personnel Director, within (10) ten workin~ days, will assemble a fact finding committee to review the complalnt. The fact finding committee will include (1) a Personnel Director representative, (2) an appointee of the City Manager, and (3) an appointee of the complainant. The investigation process shall be conducted in a timely manner. The complaint will be reviewed to: 1. Determine governing authority of the complaint. 2. Determine if sufficient grounds exist to substantiate the val idity 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 3 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 harasser. 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. Step 4 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. 1. 3-1,. COUNCIL POllCY CITY OF CHUlA VISTA SUBJEGr GENERAL AND SEXUAL HARASSMENT POLICY POllCY EFFECITVE n A'TI1 PAGE 662-05 XX-XX-9l 5 of 5 ADOP'IED BY: Reso1 ution No. XXXXX DA1ED: XX-XX-91 Step 5 Discipl inary action taken under this procedure may be appealed with or without representation subject to appeal and grievance procedures indicated in applicable agreements, City policies or Civil Service Rules. ORIGINAL RESOLUTION ADOPTING THIS POLICY WAS: 11058 APPROVED 11-02-82. t ~..7 RESOLUTION NO.~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING COUNCIL POLICY NO. 662-05, .SEXUAL HARASSMENT POLICY", BY ADOPTING AMENDED COUNCIL POLICY NO. 662-05 ENTITLED "GENERAL AND SEXUAL HARASSMENT POLICY. The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, in 1982, the City Resolution No. 11058 establishing the and of Chula vista Sexual Harassment adopted policy; WHEREAS, since 1982, court cases dealing with sexual harassment have further defined and clarified the issues and it has become apparent that a policy that dealt with general harassment was needed to establish clear and legally defensible guidelines for all employees in this area; and WHEREAS, the new policy is a combination of general and sexual harassment which reflects language that has been developed through more recent court cases and provides a complaint process that permits employees who believe that they have either harassed or discriminated against to take action to correct the situation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby amend Council policy No. 662-05, "Sexual Harassment policy" by adopted Amended Council policy No. 662-05 entitled "General and Sexual Harassment policy", a copy of which is attached hereto and incorporated herein by reference as if set forth in full. candy Boshell, Director of Personnel 8819a Presented by J3-1