CITY OF LODI

                            ADMINISTRATIVE POLICY AND PROCEDURE MANUAL

 

 

 

 

 

SUBJECT:                                           :           DISCRIMINATION - Policy                         

 

DATE ISSUED:                                   :           August 3, 1994

 

SECTION:                                           :           D

 

REFERENCE:                         :           Title VII Civil Rights Act of 1964 as amended; Age Discrimination in Employment Act of 1967; Rehabilitation Act of 1973; Americans With Disabilities Act of 1990; Civil Rights Act of 1991; California Government Code; California Fair Employment and Housing Act; California Labor Code, Section 1102.1.

 

 

SECTION 1:                            PURPOSE

 

                                                            The City of Lodi is committed to providing a work environment free from all forms of discrimination including harassment.  The City of Lodi will not discriminate against any applicant or employee on the basis of race, creed, color, political affiliation or beliefs, sex, sexual orientation, age, disability, religion, marital status, medical condition, or national origin.

 

                                                            This policy applies to all terms and conditions of employment including, but not limited to, hiring, placement, promotion, disciplinary action, layoff, recall, transfer, leave of absence, compensation, training, and separation or termination.

 

                                                            The purpose of this policy is to define discrimination, and provide a description of actions considered to be discriminatory.

 

 

SECTION 2:                                        DEFINITIONS

 

                                                            A.        Discrimination:  The denial or exclusion of an individual, by reason of any of the bases listed in Section 1 of this policy, from participation in the employment, benefits of services, programs, or activities of the City of Lodi.

 

                                                            B.         Harassment is a form of discrimination and includes any actions towards an individual or a group of persons on any of the bases listed in Section 1 of this policy above when such conduct is unwelcome and has the potential to affect an employee's work performance negatively and/or create an intimidating, hostile, or otherwise offensive work environment.  Examples of harassment include, but are not limited to the following:

 

                                                            (1)        Verbal:  Derogatory comments; ethnic or racial slurs and jokes; innuendoes; or inappropriate comments on appearance including dress or physical features or race oriented stories.

 

                                                            (2)        Written:  Negative or derogatory letters, notes, epitaphs, poems, literature, posters, notices, bulletins, or cartoons.

 

                                                            (3)        Physical:  Assault, impeding or blocking movement, touching, derogatory hand gestures or signs, leering, or any physical interference with normal work or movement.

 

                                                            (4)        Other forms of harassment include threats of reprisal; implying or actually withholding support for appointments, promotions, or transfers; rejection while on probation; punitive actions; change of assignments; or preparing a poor performance report on the basis of one of the factors mentioned above.

 

 

SECTION 3:                                        ENFORCEMENT

 

                                                            Discrimination in any form, will not be tolerated by the City.  Such conduct by a City employee or tolerance of harassment by a supervisor will not be permitted, and disciplinary action up to and including termination will be taken against an employee engaging in unlawful discrimination and harassment.  In addition, the City of Lodi shall endeavor to protect applicants and employees, to the greatest extent possible, from harassment by non-employees in the workplace.

 

                                                            Employees shall have the right to file complaints without the fear of reprisal or recrimination.  Employees engaging in acts of reprisal or recrimination resulting from a complaint of discrimination shall be subject to disciplinary action up to and including termination.