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
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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.
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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.
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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.
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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