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HomeMy WebLinkAbout8.c. Workplace Harrassment PolicyCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: AUGUST 4, 1992 AGENDA ITEMz WORKPLACE HARASSMENT POLICY AGENDA SECTION: NEW BUSINESS PREPARED BY: SUSAN M} WALSH AGENDf # 8 ADMINISTRATIVE ASSISTANT ATTACEMENTS: POLICY APP D Yz Attached for Council's review and consideration is a policy entitled, "Policy Against Workplace Harassment." This policy was drafted by City Attorney Mike, Miles. It is very important that the City take a formal position that any kind'of, harassment will not be tolerated and that our employees can work in an environment free from harassment and discrimination. As the policy states, all our employees will receive a copy of the policy and will be encouraged:to ask questions about its contents. Additionally, Mr. Miles has agreed to provide training to our employees on the various aspects of harassment so that our employees will have a. clear understanding on how to recognize and prevent workplace harassment. Mr. Miles, training will also include how employees report harassment and the subsequent investigation by the City. I hope to schedule the training very soon after adoption of the policy. This training will be provided to all employees including our volunteer firefighters and City Council members. Annual review sessions will be provided to employees and all new employees will be trained and provided a copy of the policy, RECOMMENDED ACTION: MOTION TO ADOPT POLICY NUMBER AD -4 ENTITLED, POLICY AGAINST WORKPLACE HARASSMENT i COUNCIL ACTION: August 4, 1992 CITY OF ROSEMOUNT POLICY TITLE: POLICY AGAINST WORKPLACE HARASSMENT POLICY NUMBER• AD -4 PROPOSED BY: ADMINISTRATION DATE APPROVED BY CITY COUNCIL• PURPOSE The City wants to maintain a comfortable and productive work environment that fosters professionalism. Employees must be free to exercise their duties without fear of verbal or physical intimidation or duress. The City realizes the seriousness of harassment and expresses its earnest desire to prevent the occurrence of such incidents. POLICY A fundamental and key policy of the City of Rosemount is to maintain a working environment which is free of discrimination and harassment of any kind. Both Title 7 of the Federal Civil Rights Act of 1964 and Chapter 363 of Minnesota State Statues prohibit discrimination and harassment (hereafter abbreviated as "harassment") in the workplace. The City does not condone and will not knowingly tolerate harassment by an employee of any other City employee, job applicant, official or member of the public with whom we come into contact while doing our work. Simply put, harassment has no place in our workplace. This policy does not constitute a contract between the City and any of its employees or other persons and no contractual rights are conferred by any language in this policy. BENEFITS OF THIS POLICY The City has many policies which its employees must follow. This policy is as important as any the City has and each employee will benefit significantly by thoroughly reading this policy. By adhering to this policy, employees will be able to operate in a workplace in which each employee is courteous to and respectful of others and in which each employee will be allowed to perform his or her job in an optimal fashion. WHAT CONSTITUTES WORKPLACE HARASSMENT A. GENERAL DEFINITION. Workplace harassment may be defined as: comments or actions with respect to an employee's religion, color, race, national origin, sex, age, or medical or disabling condition which comments or actions causes an employee worry or torment or forces the employee being harassed into situations or behavior not required by that employee's job responsibilities/duties. B. EXAMPLES OF WORKPLACE HARASSMENT. (This list is not inclusive but simply intended to provide specific examples of prohibited behavior.) 1. Remarks about a person's body, or sexual activities. 2. Racial, sexual or ethnic comments. 3. Patting, pinching or unnecessary touching. 4. Demanding or suggesting that sexual favors be granted and, if they are not, one's existing job or promotional potential will suffer. 5. Physical assault. 6. Favoritism to one employee over another which has its origins in religion, color, race, sex, etc. 7. Derogatory remarks about a person's age or physical condition. 8. Relating of jokes or dissemination of pictures, cartoons or stories which are offensive because they relate to race, sex, age, etc. 9. The display of pictures, posters, calendars, graffiti or similar materials which are sexually suggestive, sexually demeaning or pornographic. REPORTING WORKPLACE HARASSMENT If an employee believes he or she has been the victim of harassment or has witnessed an act of harassment they are urged to bring it to the immediate attention of the City. Employees may do so by filling out the form attached to this policy as Exhibit A and meeting with the City officials designated to receive this form and trained in dealing with such reports. 2 The City's designated officials are City Administrator, Stephan Jilk and Administrative Assistant, Susan Walsh at the Rosemount City Hall, telephone #(612) 423-4411, located at 2875 145th Street West, P.O. Box 510, Rosemount, Minnesota 55068-0510. Reports can be made either verbally or in writing to either designated official at any time during work or off hours subject to availability. However, harassment investigation cannot commence until the form in Exhibit A is completed. If you have difficulty filling out the form contained in Exhibit A, either of the designated officials will be glad to assist you in doing so. You may also contact the following governmental organizations to report harassment: • Minnesota Department of Human Rights 500 Bremer Tower 7th Place and Minnesota Street St. Paul, MN 55101 (612) 296-5663 • Equal Employment Opportunities Commission Room 178 110 South Fourth Street Minneapolis, MN 55401 (612) 349-3495 INVESTIGATION OF HARASSMENT REPORTS All reports of sexual harassment will be taken seriously by the City and will be investigated through the conduct of interviews, examinations of relevant records and other inquiries. Although investigations cannot be confidential, they will be handled with as much discretion as is reasonably possible taking into account the need for a thorough investigative process. Upon completion of the harassment investigation, the City will make a determination as to whether harassment has occurred and will inform the subject of the alleged harassment and the alleged harasser of its determination. Where the City has determined that harassment has occurred, appropriate disciplinary action will be taken, up to and including termination. RETALIATION PROHIBITED The City will not tolerate any form of retaliation against an employee who makes a complaint or participates in a harassment investigation. 3 Examples of prohibited retaliation include disciplining, changing work assignments of, providing inaccurate work information to, or refusing to cooperate or discuss work related matters with any employee because that employee has reported harassment or cooperated in the investigation of a harassment report. If the City determines that an employee has violated the prohibition against retaliation, that employee will be subject to disciplinary action up to and including termination. TRAINING/POLICY QUESTIONS A. SCOPE OF TRAINING. Periodically, the City will provide training to all of its employees regarding prohibited harassment and the specifics of this policy. B. NATURE OF TRAINING. Harassment training will be conducted either by outside consultants engaged by the City or by City officials who, in turn, have received training on the education of employees as to prohibited harassment matters. C. HARASSMENT POLICY CHANGES. If, from time to time, the City updates or changes this policy, the changes or a new policy incorporating the changes will be given to each employee. D. QUESTIONS REGARDING HARASSMENT POLICY During training sessions and after the issuance of a change to the harassment policy, employees are strongly encouraged to ask any questions that they may have regarding this important subject. Additionally, employees are encouraged at any time to inquire of any City supervisory personnel if the employee needs clarification or further explanation about any aspect of the harassment policy. CERTIFICATION OF KNOWLEDGE OF POLICY Each employee, after being presented with and given an opportunity to study this policy, will be asked to sign the certification attached to this policy as Exhibit B. The certification will evidence that the employee has read this policy and understands its provisions. It is imperative that each employee fully understand this policy so that employees can work together to create a desireable workplace in which to work. 4 SEXUAL HARASSMENT INCIDENT REPORT Name of Reporting Person: City Position: Name(s) of Harassing Person(s): Description of Incident(s) Reported (including relevant dates): Names of Others Who May Have Observed Harassment: Other Comments: Name of Person Preparing Report if Other Than Person Reporting EXHIBIT A Name of Person Submitting Report (I have completed or read the above report) On CERTIFICATION OF READING OF CITY OF ROSEMOUNT HARASSMENT POLICY I received a copy of the Harassment Policy of the City of Rosemount and I have examined and fully understand the provisions of the policy. I certify that I will comply with the policy to the best of my ability. EXHIBIT B