HomeMy WebLinkAbout1981-641
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lU:SOLUTION NO.
81-641
RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING AN
A~NDMENT TO THE AFFIRMATIVE ACTION PLAN FOR EQUAL EMPLOYMENT
OPPORTUNITY FOR SAID CITY; AND PROVIDING A POLICY ON SEXUAL
HARASSMENT.
WHEREAS, it is the policy of the City to provide a work
environment free from unwelcome sexual overtures, advances and
coercion; and
WHEREAS, employees are expected to adhere to a standard of
conduct that is respectful to all persons within the work
environment; and
WHEREAS, the City will not tolerate any form of sexual
harassment or reprisal,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the Amendment to the City of San Bernardino
Affirmative Action Plan for Equal Employment Opportunity, marked
Exhibit "A", attached hereto and incorporated herein by reference,
setting forth a policy statement on sex discrimination and
harassment is hereby approved and adopted.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
regular
meeting thereof, held
on the 21st
day of December
, 1981, by the following
vote, to wit:
AYES:
Council Members Castaneda, Reilly, Hernandez,
Botts, Hobbs, Strickler
NAYS:
None
ABSENT:
None
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of
December
, 1981.
The foregoing resolution is hereby approved
Approved as to form:
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City A orney
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AMENDMENT TO THE CITY OF SAN BERNARDINO
AFFIRMATIVE ACTION PLAN FOR
EQUAL EMPLOYMENT OPPORTUNITY
POLICY STATEMENT ON SEXUAL DISCRIMINATION
AND HARASSMENT
STATEMENT OF COMMITMENT:
It is the policy of the City of San Bernardino to provide a
work environment free from unwelcome sexual overtures, advances
and coercion. Employees are expected to adhere to a standard of
conduct that is respectful to all persons within the work
environment. The City will not tolerate any form of sexual
harassment or reprisal. To this end, this policy is established.
POTENTIAL CONSEQUENCES OF SEXUAL HARASSMENT:
Sexual harassment is a violation of a person's privacy and
dignity. It can cause emotional, physical and economic problems
for its victims. In addition to the anxiety these demands may
cause, there may be an underlying message that non-compliance will
lead to reprisals. These reprisals could include escalation of
the harassment, poor work assignments, sarcasm, unsatisfactory
evaluations, threatened demotions, transfers, poor job references,
slander, gossip, blackmail and other forms of retribution.
Sexual harrassment undermines the integrity of the employment
relationship. Sexual harassment can result in economic loss to
both the employer and employee, excessive absenteeism and
turnover, loss of morale, polarization of staff, sabotaged work, a
decrease in management credibility and a decrease in productivity.
PENALTY GUIDELINES:
The City of San Bernardino will seek to impose appropriate
punitive action against any employee found in violation of this
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policy. Additionally, there is the possibility of civil liability
being imposed by the courts for both the violator and the City of
San Bernardino..
CITY RESPONSIBILITY:
The City believes that prompt, appropriate action should be
taken to avoid or minimize sexual harassment and liability to the
City. The City will pursue every possible preventive measure to
insure employees are not subject to sexual harassment. The City
will take appropriate disciplinary action against any employee(s)
found to be in violation of this policy.
DEFINITION OF SEXUAL HARASSMENT:
Sexual harassment is defined as any unwarranted, unsolicited
sexual attention/demands received from any person in a position of
authority who makes compliance with these demands as condition of
employment, as well as from a fellow employee in the work
environment. This includes sexual favors and other verbal,
physical or visual conduct of a sexual nature which occurs under
anyone of these circumstances.
1. Submission is made either explicitly or implicitly as a
term or condition of employment.
2. Submission or rejection by an employee is used as a
basis for employment decisions affecting the employee.
3. Any conduct which has the potential of affecting an
employee's work performance negatively and/or creating
an intimidating, hostile or otherwise offensive working
environment.
For the purpose of further clarification, sexual harassment
includes, but is not limited to:
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1. Making unsolicited written, verbal, physical or visual
contact with sexual overtones. (Written examples:
suggestive or obscene letters, notes, invitations.
Visual examples: leering, gestures, display of sexually
suggestive objects or pictures, cartoons or postcards.
Physical examples: touching in a sexually-suggestive
manner, or touching of the private parts of another for
sexual gratification.)
2. Continuing to express sexual interest after being
informed that the interest is unwelcome. (Reciprocal
attraction is not considered sexual harassment.)
3. Making reprisals, threats of reprisal, or implie~
threats of reprisal following a negative response. For
example, either implying or actually withholding support
for an appointment, promotion, or change of assignment:
suggesting a poor performance report will be prepared,
or suggesting probation will be failed.
4. Engaging in implicit or explicit coercive sexual
behavior which is used to control, influence, or affect
the career, salary or work environment of another
employee.
5. Offering favors or employment benefits, such as
promotions, favorable performance evaluations, favorable
assigned duties or shifts, recommendations,
reclassifications, etc., in exchange for sexual favors.
EMPLOYEES' RIGHTS AND RESPONSIBILITIES:
Any employee who believes he or she has been sexually
harassed or asked to perform a sexual favor should take immediate
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1 action to assure that the situation does not persist. The
2 employee has the right to file a complaint through the City of San
3 Bernardino's Affirmative Action Complaint Procedure.
4 If the alleged harasser is the employee's supervisor, the
5 employee should report the incident to the next level supervisor
6 and the Affirmative Action Office, or to the Affirmative Action
7 Office alone if the employee prefers.
8 The City of San Bernardino provides the following guarantee
9 of rights to employees:
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1.
The right to a work environment free of sexual
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harassment.
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2.
The right to an informal, confidential hearing by an EEO
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counselor.
3.
The right to have sexual harassment complaints kept
confidential until such time as he/she gives the
counselor permission to do otherwise, in order to bring
the complaint to the appropriate authority for remedy as
set forth in the City's Affirmative Action Complaint
Procedure.
4.
The right to a full, impartial and prompt investigation
through the Affirmative Action Complaint Procedure, upon
submission of a formal, written complaint.
5.
The right to review all relevant information developed
and discovered during the course of the inquiry into the
matter.
6.
The right to a timely decision after full consideration
of all relevant facts and circumstances.
7.
The right to be free from reprisals after filing a
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complaint.
Any employee who witnesses an incident of alleged sexual
harassment, and is named in a formal, written complaint as a
witness, has a responsibility to testify fully and accurately
regarding the incident and has the right to be free from reprisal
as a result of any such testimony.
If the harasser is a citizen or vendor, the harassed employee
and any employee witnessing the incident have a responsibility to
report the incident to the harassed employee's supervisor. The
City shall take such steps to investigate and eliminate this form
of sexual harassment as may be within its power.
It shall be the responsibility of any supervisor or other
employee to whom alleged sexual harassment has been reported to
maintain such report as a matter of strict confidence until such
time as a formal, written complaint has been filed. Such report
may be discussed only with the Department/Division Head or others
in the chain of command and the Affirmative Action Officer prior
to that time.