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CC- 1989-68 - Prohibiting Harassment in the work place• 0 RESOLUTION NO. 89-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ADOPTING A POLICY PROHIBITING HARASSMENT IN THE WORK PLACE. WHEREAS, members of the Rosemead City Council desire to maintain a work place free of harassment for all City employees; and WHEREAS, members of the Rosemead City Council oppose the harassment of any employee by any other employee of the City on the basis of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age; and WHEREAS, harassment of this nature will not be tolerated. NOW, THEREFORE, BE IT RESOLVED BY MEMBERS OF THE ROSEMEAD CITY COUNCIL AS FOLLOWS: SECTION 1. Members of the Rosemead City Council hereby adopt the policy attached hereto as Exhibit "A" and made a part hereof entitled, "City of Rosemead - Harassment in the Work Place." SECTION 2. Members of the Rosemead City Council hereby direct this policy to be distributed to all full and part-time employees of the City of Rosemead and posted in appropriate places. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED and ADOPTED this 12th day of December, 1989. MAYOR I hereby certify that the foregoing Resolution No. 89-68 was duly and regularly adopted by the City Council of the City of Rosemead at a regular- ATTEST: meeting thereof held on the 12th day of December, 1989, by the following vote: Yes: DeCocker, Taylor, McDonald, Bruesch, Imperial No: None Absent: None Abstain: None CITY CLERK Qg~vLee, CLERK ,~9~~ • • CITY OF ROSEMEAD HARASSMENT IN THE WORK PLACE PURPOSE: To define and issue to all employees the City's policy on the prohibition of harassment in the work place. POLICY: Harassment of an applicant or employee by a supervisor, management employee or co- worker on the basis of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age will not be tolerated. Disciplinary action up to and including termination will be instituted for behavior described in the following definition of harassment. DEFINITION: Harassment includes, but is not limited to: (1) Verbal Harassment - For example, epithets, derogatory comments or slurs on the basis of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age. (2) Physical Harassment - For example, assault, impeding or blocking movement, or any physical interference with normal work or movement when directed at an individual on the basis of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age. (3) Visual Forms of Harassment - For example, derogatory posters, notices, bulletins, cartoons, or drawings on the basis of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age. (4) Sexual Favors - Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature which is conditioned upon an employment benefit, unreasonably interferes with an individual's work performance or creates an offensive work environment. EXHIBIT "A" / s? • • CITY OF ROSEMEAD HARASSMENT IN EMPLOYMENT POLICY Page 2 of 3 GRIEVANCE PROCESS: An employee who has been harassed on the job should inform, as soon as possible, the employer, its agents or supervisors of the incident. To accommodate the unique nature of harassment complaints, the following grievance process is provided for the purpose of resolution of a complaint at the earliest possible date. Elements of this process are: Complaint Advisors - The City Manager or his designee will be available to receive harassment complaints. Actions to be taken will include, but may not be limited to: (1) Counsel the employee and outline the options available. (2) Obtain a factual written statement of the complaint for the affected Department Head. (3) Assist in follow-up investigation, interview accused, witnesses and supervisors as appropriate, and recommend disposition of the complaint. Department Head and/or City Manager - Authorizes investigation of the complaint, reviews factual information collected to determine whether the alleged conduct constitutes harassment, giving consideration to the record as a whole and the totality of circumstances, including the nature of the verbal, physical, visual or sexual favor aspect of the advance and the context in which the alleged incidents occurred. Takes and/or authorizes appropriate action, including but not limited to the following: A. Determination that the allegations are not sustained; or B. Discipline the employee, upon a determination that the allegations against the employee are sustained. Such discipline may take the form of any of, or a combination of the following: (1) Oral reprimand. (2) Written reprimand. (3) Imposition of probationary status. (4) Suspension without pay. (5) Dismissal from employment. Confidentiality - Effort will be made to protect the privacy of parties involved in a complaint. Files pertaining to complaints handled under the pre-grievance process will not be made available to the general public. CITY OF ROSEMEAD HARASSMENT IN EMPLOYMENT POLICY Page 3 of 3 Dissemination of Policy - All employees, supervisors and managers shall be sent copies of this Policy and this Policy shall be posted in appropriate places. PLEASE NOTE: Harassment as defined above, violates Title VII of the Civil Rights Act of 1964, the California Government Code, and regulatory guidelines of the Equal Employment Opportunity Commission, and the California Fair Employment and Housing Commission. VIOLATION OF THIS POLICY SHALL GENERALLY CONSTITUTE JUST AND REASONABLE CAUSE FOR DISCIPLINE. UP TO AND INCLUDING TERMINATION.