HomeMy WebLinkAboutRESOLUTION - 3-18 - 1/9/2018 - Sexual Harassment Policy RESOLUTION NO. 3-18
A RESOLUTION AMENDING THE PERSONNEL RULES AND REGULATIONS OF
THE VILLAGE OF ELK GROVE VILLAGE AND REPLACING IN ITS ENTIRETY
SECTION 1.9—HARASSMENT FREE WORK ENVIRONMENT TO AN AMENDED
SECTION 1.9—HARASSMENT FREE WORK ENVIRONMENT (INCLUDING BUT
NOT LIMITED TO SEXUAL HARASSMENT)
WHEREAS,the Illinois General Assembly has recently enacted Public Act 100-0554, an
Act concerning government, which became effective immediately, dated November 16, 2017;
and
WHEREAS,pursuant to the Act, each governmental unit shall adopt an ordinance or
resolution establishing a policy to prohibit sexual harassment;
NOW, THEREFORE,BE IT RESOLVED by the Mayor and Board of Trustees of the
Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois:
Section 1: That the Mayor and Board of Trustees do hereby authorize amendments to
the Personnel Rules and Regulations of the Village of Elk Grove Village, amending in its
entirety Section 1.9—Harassment Free Work Environment to an amended Section 1.9—
Harassment Free Work Environment(Including but not limited to Sexual Harassment) attached
hereto and made a part hereof as if fully set forth.
Section 2: That this Resolution shall be in full force and effect from and after its passage
and approval according to law.
VOTE: AYES: 5 NAYS: 0 ABSENT: I
PASSED this 9th day of January 2018.
APPROVED this 9th day of January 2018.
APPROVED:
Mayor Craig B. Johnson
Village of Elk Grove Village
ATTEST:
Loretta M. Murphy,Village Clerk
SECTION 1.9 - HARASSMENT FREE WORK ENVIRONMENT (Including but not
limited to Sexual Harassment)
PURPOSE: The Village is committed to maintaining an environment free from discrimination
and harassment. In keeping with this commitment, the Village will not tolerate any form of
harassment that violates this policy. This policy forbids any employee, supervisor, vendor,
client, customer, resident, elected official, volunteer, contractor, or other person to harass any
employee of the Village. It is critical that all employees treat each other with dignity and respect.
It is also the responsibility of every employee, supervisor, vendor, client, customer, elected
official, volunteer, contractor, or other person to make sure they do not engage in any
inappropriate behavior in the workplace.
APPLICABILITY: This policy applies to all Village employees, supervisors, vendors, clients,
customers, residents, elected officials, volunteers, contractors, or other persons. This policy
applies where the alleged perpetrator and the victim are of different genders or whether they are
of the same gender. This policy prohibits harassing conduct regardless of whether it rises to the
level of an illegal violation.
PROHIBITED CONDUCT: This policy prohibits harassment or other workplace
discrimination based on an employee's protected status under state and federal law. This
includes conduct, whether physical, verbal, written, or visual, that denigrates or shows hostility
or aversion to an individual based on that individual's protected status, including race, religion,
color, national origin, ancestry, disability, medical condition, pregnancy, sex, veteran status,
sexual orientation (including gender identity), genetic information, order of protection status,
arrest record in employment, marital status, familial status in housing (families with children
under the age of 18), or age.
The Village will not tolerate harassing conduct that interferes unreasonably with an
individual's work performance, affects an individual's job benefits, or creates an intimidating,
hostile, threatening, coercive, or offensive work environment.
Conduct forbidden by this policy includes,but is not limited to:
• Verbal: Epithets, name calling, offensive jokes, slurs, threats of physical
violence, intimidation, ridicule or mockery, insults or put-downs, derogatory
comments,propositioning or otherwise offensive words or comments based on a
person's protected status. This also includes but is not limited to inappropriate
sexually oriented comments on appearance, including dress or physical features,
sexual rumors, code words, and/or race oriented stories; and
• Physical: Assault, impeding or blocking movement, leering, unwelcomed
behavior and/or contact, or the physical interference with normal work,privacy or
movement when directed at an individual based on a person's protected status.
This also includes but is not limited to pinching, patting, grabbing, or making
explicit or implied threats or promises in return for submission to physical acts;
and
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• Visual: Derogatory, prejudicial, stereotypical or otherwise offensive posters,
photographs, cartoons, notes, bulletins, drawings videos, social media postings,
email, text message, any electronic media, or pictures based on a person's
protected status. This applies to both posted material and material maintained in
or on Village equipment or personal property in the workplace.
The Village discourages any such conduct in the workplace, and this policy prohibits
harassment based on an individual's protected status, even if it does not rise to the level of a
legal violation.
Sexual Harassment
Sexual harassment deserves special mention. Sexual harassment includes any harassing
conduct based on gender, regardless of whether the conduct is sexual in nature. Any unwelcome
conduct based on gender is also forbidden by this policy regardless of whether the individual
engaged in harassment and the individual being harassed are of the same or different genders.
Under this policy, unwelcome sexual advances, requests for sexual favors, or other
verbal, physical, or visual conduct based on sex constitute sexual harassment when (1)
submission to the conduct is an explicit or implicit term of employment; (2) submission to or
rejection of the conduct is used as a basis for an employment decision affecting an individual
(tangible employment action); or (3) the conduct has the purpose or effect of substantially
interfering with an individual's work performance or creating an intimidating,hostile or
offensive working environment.
This policy forbids harassment based on gender regardless of whether it rises to the level
of a legal violation.
Actions that violate this Harassment Policy include, but are not limited to, the following:
• Physical assaults of a sexual nature, including but not limited to rape or sexual
battery.
• Intentional physical conduct which is sexual in nature, such as touching, pinching,
patting, grabbing, etc.
• Unwanted sexual advances, propositions or other sexual comments including but
not limited to sexually oriented gestures, noises, remarks, innuendo,jokes, or
comments or verbal abuse of a sexual nature. Also included are preferential
treatment and promises of preferential treatment to an employee for submitting to
sexual conduct.
• Sexual or discriminatory displays or publications anywhere in the Village
workplace by Village employees, including but not limited to pictures, posters,
calendars, graffiti, objects, reading materials, or other materials that are
suggestive, demeaning or pornographic.
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EMPLOYEE RESPONSIBILITIES: It is imperative that every employee treats every other
employee with dignity and respect to facilitate a professional work environment. Every
employee is expected to avoid any behavior, or conduct, that could reasonably be interpreted as
prohibited harassment under this policy. The Village encourages individuals who believe they
are being harassed to firmly and promptly notify the offender that their behavior is unwelcome,
offensive, inappropriate, or in poor taste. Regardless of whether an employee informs a
coworker in this manner, employees are expected to come forward promptly and report any
violations pursuant to this policy before the alleged offending behavior becomes severe or
pervasive. No employees, not even the highest-ranking persons in the Village, are exempt from
the requirements of this policy.
Management is responsible to develop this policy, and to insure that any violation of this
policy brought to their attention is dealt with fairly, quickly, and impartially. All management
personnel are required to set the proper example at all times. Management personnel are also
responsible to enforce this policy. When a deviation from this policy is noted or reported,
supervisors shall bring this information to management immediately.
It is the responsibility of each and every employee to know this policy and to follow this
policy.
COMPLAINT PROCEDURES
Complaint and Reporting Procedure Overview
The duty to report harassment arises whether an employee experiences or witnesses any
conduct that he or she believes is inconsistent with this policy. Reports can be made to the
employee's supervisor, a Department Head, or the Village's Human Resources Director. The
report may be made either orally or in writing, but employees are encouraged to make a written
report. This policy does not require reporting harassment or discrimination to any individual who
is creating the harassment or discrimination.
Each supervisor or management official must quickly report to the Human Resources
Director any complaint or observation of conduct which may violate this policy. A supervisor's
or management official's failure to make such report may result in discipline, up to and including
termination.
It is critical in establishing a workplace free of harassment that an individual who
experiences or witnesses an incident perceived as being harassing has access to a mechanism
for reporting such incidents. At the same time, the purposes of this policy are not furthered
where a complaint is found to be false and frivolous and made to accomplish some other end
than stopping harassment. A complaint that is determined to be false and frivolous can result in
a severe level of discipline or discharge. A false or frivolous complaint does not refer to
complaints made in good faith that cannot be proven.
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Informal Complaints and Resolution
To encourage immediate reporting of possible employee concerns, the Village has
developed an informal complaint procedure.
Anyone who believes he or she is a victim of discriminatory workplace harassment
should make a complaint orally or in writing to their immediate supervisor or the next level
supervisor. Employees may also make the complaint directly to the Human Resources Director.
Any supervisor, management official, or Department Head who observes inappropriate
behavior or receives a harassment complaint must quickly notify the Human Resources Director.
The Village will take appropriate action and attempt an informal resolution or conciliation
whenever appropriate. If an informal resolution is not possible, the complaint will be
appropriately addressed and investigated under the formal complaint procedure.
Formal Complaints and Resolution
When the Village determines an informal resolution of a complaint is not possible, the
Village will initiate and/or continue its investigation into the complaint and take appropriate
action.
When a complaint has been received, the Village will quickly initiate an investigation of
the suspected harassment upon receipt of the notification. All allegations, including anonymous
reports, will be accepted and investigated regardless of how the matter comes to the attention of
the Village. Care will be taken to protect the identity of the complaining party and of the accused
party or parties, except as may be reasonably necessary to successfully complete the
investigation. To the extent reasonably possible, confidentiality with respect to reports and
investigations under this policy will be maintained.
The Village will take steps to ensure that the matter at issue is addressed and may put
reasonable interim measures in place, such as a leave or a transfer, while the investigation takes
place. The Village will take further appropriate action once a report of conduct conflicting with
this policy has been thoroughly investigated. That action may be a conclusion that a violation
occurred, or that no violation of policy occurred or that the Village cannot conclude whether or
not a violation occurred.
If an investigation reveals that a violation of this policy or other inappropriate conduct
has occurred, then the Village will take corrective action, including discipline up to and
including dismissal, as is appropriate under the circumstances, regardless of the job positions of
the parties involved. The Village may discipline an employee for any inappropriate conduct
discovered during the course of investigating reports made under this policy, regardless of
whether the conduct amounts to a violation of law or even a violation of this policy. If the
person who engaged in discrimination and/or harassment is not employed by the Village, then
the Village will take whatever corrective action is reasonable and appropriate under the
circumstances.
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To the extent practical, the Village will attempt to preserve the confidentiality of any
information received during its investigation. However, the Village cannot promise absolute
confidentiality in connection with information received or learned as part of the complaint-
investigation process.
Formal External Complaints
Employees are encouraged to use the above complaint procedure(s)to report and resolve
their complaints of harassment or retaliation to promote prompt resolution of any problems.
However, employees may also file a charge of discrimination in writing with the Illinois
Department of Human Rights and/or the Equal Employment Opportunity Commission at:
Illinois Department of Human Rights (IDHR)
htti)://www.state.il.us/dhr
100 W. Randolph St., Ste. 10-100
Chicago, I160601
312/814-6200
Equal Employment Opportunity Commission(EEOC)
http://www.eeoc.gov
500 W. Madison St., Ste. 2800
Chicago, I160661-2511
312/353-2713
RETALIATION PROHIBITED
It is also violation of this policy for any official or employee to retaliate toward or against
any individual who makes a good-faith complaint of harassment; assists or cooperates in an
investigation of a complaint by someone else, whether internally or with an external agency; or
files a charge of discrimination or harassment; or otherwise provides information in a
proceeding, including in a court, administrative or legislative hearing, related to violations of
discrimination or harassment laws. Examples of the types of retaliation that are prohibited
include intimidation; discrimination; verbal or physical abuse; adverse actions with respect to
pay, work assignments, and other terms of employment; termination of employment; or threats
of any such actions. Retaliation is a serious violation of this policy that may result in discipline
up to and including dismissal. All employees who experience or witness any conduct they
believe to be retaliatory should immediately follow the reporting procedures stated above.
In addition, the Village prohibits any retaliation for reporting harassment, including offering the
availability of the complainant to whistleblower protections under any applicable laws.
WORK PLACE RELATIONS
The First Amendment allows anyone to associate with anyone else they desire. It is
natural for people who meet in the workplace to sometimes become romantically involved, and it
is not the Village's intent to interfere with any dating relationship. Any involvement between
employees must be voluntary and desired by both parties. However,problems have developed
due to dating relationships,which can interfere with our goal of having a professional work
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environment. It is permissible for an employee to ask a co-worker out on a date. However, if you
do not want to go out with another employee, it is imperative that your response to the request is
firm and definite. After this firm definite response has been made, it is inappropriate for the
requesting party to make any further attempt to initiate a dating relationship. Repeated requests
for a dating relationship may constitute Sexual Harassment in violation of Village Policy. It is
also inappropriate for any relationship to interfere with normal work operation in any manner.
Personnel who desire to become involved with someone in the workplace must be aware of the
following guidelines:
1. There shall be no dating activities on Village time or property.
2. There shall be no use of Village property to arrange dating activities.
3. All behaviors between employees shall be behavior conducive to a professional work
environment at all times when on Village property or on Village time. Hand holding,
kissing, hugging, sexual comments, sexual texts, explicit emails, and other behavior
generally associated with a dating relationship are inappropriate while on Village time or
property.
4. Any relationship involving personnel at different levels on the chain of command (or
where one party has functional supervision over another) shall be reported by the person
of higher rank to his/her supervisor immediately. Failure to report this relationship is a
violation of this policy. The Supervisor receiving this information shall immediately
contact Human Resources and inform them of the relationship. Human Resources shall
advise the Village Manager and make recommendations in concert with the Department
Head to ensure that this relationship will not detract from a sound professional work
environment. Such recommendations may include the transfer of either employee..
5. In order to avoid the appearance of favoritism or other inappropriate conflicts of interest
and to promote the morale and working relationships amongst Department members,
employees are prohibited from directly or indirectly supervising any other employee who
is a relative or with whom they are involved in a personal relationship, including
marriage, dating, or any other intimate personal relationship that goes beyond mere
friendship.
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