CITY OF LODI

                            ADMINISTRATIVE POLICY AND PROCEDURE MANUAL

 

 

 

 

 

SUBJECT:                                           :           SEXUAL HARASSMENT - Policy

 

DATE ISSUED:                                   :           May 1, 1995

 

SECTION:                                           :           S

 

REFERENCE:                                     :           Civil Rights Act of 1964, Title VII; Civil Rights Act of 1991; California Fair Employment and Housing Act.

 

 

 

SECTION 1:                                        PURPOSE

 

                                                            It is the policy of the City of Lodi to provide a productive and pleasant working environment and to ensure that all applicants and employees are treated with respect and dignity.  To this end, the City shall not condone any form of sexual harassment in the workplace.  Such conduct by a City employee, contractor, board or commission member, or councilmember, shall not be permitted, and disciplinary action up to and including termination shall be taken against any employee engaged in unlawful sexual 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.

           

 

SECTION 2:                                        DEFINITION

 

                                                            For the purposes of this policy, sexual harassment is defined as unsolicited and unwelcomed sexual overtures, by any employee, supervisor, or manager, be they written, verbal, physical, and/or visual, that usually occur when:

 

                                                            1.         Submission is made either explicitly or implicitly a term or condition of employment.

 

                                                            2.         Submission or rejection by an employee is used as a basis for employment decisions affecting the employee; or

 

                                                            3.         Such conduct has the potential to negatively affect an employee's work performance and/or create an intimidating, hostile, or otherwise offensive work environment.

 

                                                            Written examples of sexual harassment include:  suggestive or obscene letters, notes, invitations, poems, or literature.

 

                                                            Verbal examples include:  derogatory or sexually oriented comments, slurs, jokes, rumors or gossip, whistles, propositions, demands, innuendoes, double ententes, or references to an individual's anatomy.

 

                                                            Physical examples include:  rape, assault, touching, pinching, patting, grabbing, fondling, or blocking passage.

 

                                                            Visual examples include:  gawking, leering, gestures, or displays of sexually suggestive objects, picture, cartoons, calendars, or posters.

 

                                                            Other examples include:  threats of reprisal; implying or actually withholding support for appointments, promotions, or transfers; rejection while on probation; punitive actions; change of assignments; or suggesting that a poor performance report will be prepared if requests for sexual favors are not met.

 

                                                            Sexual harassment, as defined above, constitutes an illegal form of sex discrimination and violated Title VII of the 1964 Civil Rights Act, the California Government Code, and the regulatory guidelines of the Equal Employment Opportunity Commission and the California Fair Employment and Housing Commission.

 

                                                            It should be noted that this policy covers sexual harassment between two persons of the same sex if such conduct has the potential to affect an employee's work performance negatively and/or create and intimidating, hostile, or otherwise offensive work environment.

 

 

SECTION 3:                                        IMPLEMENTATION

 

                                                            Each department head is responsible for ensuring that the work environment in his or her department is free of sexual harassment by:

 

                                                            1.         Having division heads and supervisors discuss the City policy and complaint resolution procedure with all employees under his or her direction.

 

                                                            2.         Requiring division heads and supervisors to convey to their employees their strong disapproval of sexual harassment; to monitor the work environment of their employees to ensure that sexual harassment is not tolerated; to post the City of Lodi Sexual Harassment Policy bulletin prominently; to cooperate in the investigation and resolution of related complaints; and to ensure that employees involved in complaints of sexual harassment are not subjected to retaliation.

 

                                                            A non-employee (such as a contractor, vendor, etc.) who subjects an employee to sexual harassment in the workplace shall be informed of the sexual harassment policy by the employee's supervisor, division head, or department head and appropriate actions such as contacting the supervisor of the offending person shall be taken to ensure that harassment is stopped as soon as possible.  Failure or refusal of contractors or vendors to take appropriate steps to deal with a complaint involving one or more of their employees may result in sanctions such as the cancellation of agreements or denial of the privilege of doing business with the City of Lodi.

 

                                                            In instances where members of the general public sexually harass City employees, the affected employee should promptly notify the harasser that such conduct is inappropriate, offensive, and unwelcome.  If such conduct persists, the employee should contact his or her supervisor, who shall be responsible to take appropriate action.

 

 

SECTION 4:                                                    COMPLAINT RESOLUTION

 

                                                                        Informal Procedure:  In order to assure that further incidents do not occur, employees who believe that they have been subjected to sexual harassment should promptly inform the harasser that such conduct is inappropriate, offensive, and unwelcome.  If an issue cannot be immediately resolved, the employee would promptly refer the matter to his or her supervisor, department head, and/or the Personnel Director (or designee), who shall be responsible to investigate and resolve the alleged incident(s) of sexual harassment.

 

                                                                        Formal Procedure:  In the event that informal resolution does not result in a satisfactory conclusion, the employee may pursue formal resolution by submitting a written and signed statement on the appropriate complaint form (available from the Personnel Department) to the Personnel Director.  This statement shall include the dates, times, and places of incident(s), a description of the circumstances, and the names of the persons involved and witnesses present.  Employees shall have the right to file such complaints without the fear of reprisal or recrimination.  Employees engaging in acts of reprisal or recrimination resulting from a complaint of sexual harassment shall be subject to disciplinary action up to and including termination.  The Personnel Director shall investigate this complaint in a prompt and impartial manner by taking the following steps:

 

                                                                        1.         Reviewing the written complaint;

 

                                                                        2.         Interviewing the complainant, alleged harasser, and other relevant parties, such as witnesses and the employee's supervisor;

 

                                                                        3.         Reviewing any pertinent documents or records;

 

                                                                        4.         Preparing a written report regarding the findings and conclusions reached, which shall be furnished to the complainant, the alleged harasser, and the City Manager; and

 

                                                                        5.         Recommending to the City Manager disciplinary action up to and including termination as may be appropriate, in the event that it is determined that sexual harassment has occurred.

 

                                                                        The severity of the disciplinary action shall be determined by the severity and/or frequency of the offense(s).  The complainant and the harasser shall both be notified of the action(s) to be taken.  Disciplinary actions taken as a result of this policy may be appealed in accordance with relevant grievance procedures.

 

 

 

 

SECTION 5:                                                    CONFIDENTIALITY

 

                                                                        To the extent feasible, proceedings under this policy and all reports and records filed shall be confidential to the parties involved, and reasonable efforts shall be made to protect the privacy interests of the parties concerned.