HomeMy WebLinkAbout05.L- Human Resources 5.L
RESOLUTION (ID# 2665) DOC ID: 2665
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Personnel
From: Allen Parker M/CC Meeting Date: 10/07/2013
Prepared by: Linda Wynn, (909) 384-5161
Dept: Human Resources Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Adopting an
Updated Non-Discrimination, Retaliation, Workplace Harassment and Sexual Harassment Policy
and Repealing Resolution No. 2006-28. (#2665)
o Current Business Registration Certificate: Not Applicable
Financial Impact:
There is no financial impact to update the policy.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
On January 23, 2006, the Mayor and Common Council adopted Resolution No. 2006-28, a
Resolution of the City of San Bernardino adopting an updated Harassment/Sexual Harassment
Policy for said City, and repealing Resolution No. 95-154.
On May 9, 1995, the Mayor and Common Council adopted Resolution No. 95-154, a Resolution
of the City of San Bernardino adopting an updated Harassment/Sexual Harassment Policy for
said City, and repealing Resolution Nos. 81-641 and 91-330.
Background:
The previous City Policy on Non-Discrimination/Workplace Harassment was last updated in
2006. Since that time, legal mandates have occurred that now make this policy outdated.
Therefore, the policy has been revised to include retaliation and to add non-discrimination based
on genetics. A special section was also included to reflect the new mandates pertaining to
Affordable Care Act Retaliation.
The purpose of the policy is to confirm the City of San Bernardino's commitment to maintain a
work environment free from unlawful discrimination, retaliation and/or harassment/sexual
harassment for all current and prospective employees and to provide a complaint procedure to
resolve complaints of this nature.
The Human Resources Department is currently scheduling all supervisors and managers for AB
1825 training; this mandate requires that employers with 50 or more employees must provide
two hours of sexual harassment awareness training and education to all supervisory employees
once every two years and new supervisors must receive the training within six months of
assuming a supervisory position. Once managers and supervisors have been scheduled for this
training, which is now conducted online, the remaining City employees will be required to
Updated: 9/10/2013 by Linda Wynn I Packet Pg.269
2665
participate in a one-hour awareness training session, also online. This updated policy will be
provided to all employees and will support the City's commitment.
City Attorney Review:
Supporting Documents:
Harassment Policy Reso (PDF)
PolicyHarassmentSexualHarassment(REDLINED 8-28-13) (DOC)
FINAL Harassment Policy 8-28-13 (PDF)
Updated: 9/10/2013 by Linda Wynn
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Resolution No. .2
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2 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING AN UPDATEL a
3 NON-DISCRIMINATION, RETALIATION, WORKPLACE HARASSMENT AND SEXUAL N
HARASSMENT POLICY AND REPEALING RESOLUTION NO. 2006-28. L
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WHEREAS, the City of San Bernardino has been and continues to be firmly committee
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to providing employees with a work environment free from discrimination and harassment on the
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basis of race, religious creed, color, national origin, ancestry, age, sex, marital status, physical
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disability, mental disability, medical condition, sexual orientation, genetic information,
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pregnancy, childbirth or related medical conditions of any female employee, or any othe
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10 classification protected by law; and, Y
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11 WHEREAS, the City desires to adopt and implement a non-discrimination, retaliation c
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12 workplace harassment and sexual harassment policy which is contained in one comprehensiveo
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13 document;
14 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON S
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: E
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16 SECTION 1. That the City of San Bernardino Policy on Non-Discrimination,°
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17 Retaliation, Workplace Harassment and Sexual Harassment, marked Exhibit `A' and attache
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18 hereto and incorporated herein by reference, is hereby approved and adopted. a
19 SECTION 2. Resolution No. 2006-28 is hereby repealed. W
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RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING AN UPDATEL c
NON-DISCRIMINATION, RETALIATION, WORKPLACE HARASSMENT AND SEXUAI a-
2 HARASSMENT POLICY AND REPEALING RESOLUTION NO. 2006-28.
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3 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor anc
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Common Council of the City of San Bernardino at a meeting thereof
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held on the day of ,2013,by the following vote,to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
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MARQUEZ
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9 JENKINS
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10 VALDIVIA c
11 SHORETT c
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12 KELLEY
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JOHNSON c
14 MCCAMMACK _
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Georgeann Hanna, City Clerk z
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1e The foregoing Resolution is hereby approved this day of ,2013. a
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20 Patrick J. Morris, Mayor c
City of San Bernardino
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Approved as to form: 2
22 JAMES F. PENMAN, a
City Att ey c
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By: - N
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CITY OF SAN BERNARDINO Formatted:Font:(Default)Arial,Bold O 1
POLICY ON Formatted:Line spacing: single
NON-DISCRIMINATIONS, RETALIATION,WORKPLACE HARASSMENTi Formatted:Top: 1.3",Bottom: 1.2" p
-AND/SEXUAL HARASSMENT. -
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I. PURPOSE
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Discrimination and workplace harassment, including sexual harassment, +n o
employment is a violation of State and Federal laws, as well as a violation of a
person's privacy and dignity. It can cause emotional, physical and economic C
damage to its victims. It undermines the integrity of the employment relationship. E
It can result in economic loss to the employer and employee, excessive 0
absenteeism and turnover, loss of morale, pelarozafien division of staff, 0
sabotaged work, a—decreased in—management credibility and a—decreased in
productivity. The purpose of this policy is to confirm the City of San Bernardino's z
commitment to maintain a work environment free from unlawful discriminations,
and/9 harassment/,_sexual harassment and/or retaliation for all current and
prospective City employees.
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This Policy:
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• Defines discrimination, harassment, sexual harassment and retaliation CO
for purpose of this policy;
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• Confirms the City's commitment to prohibit and prevent unlawful N
discrimination, harassment./sexual harassment; and retaliation in 00
employment; p
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Provides a G+#y—complaint and investigation procedure to resolve- Formatted:Line spacing: single J
• complaints of alleged discrimination, harassment, sexual harassment;
and retaliation in violation of law or this policy.
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1. POLICY {Fod:Font:(Default)Arial,Bold
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It is the policy of the City of San Bernardino to provide all current and prospective U)
employees a work environment free from discrimination,--aA—_harassment, T
/sexual harassment and/or retaliation on the basis of race, religious creed, color, _
national origin, ancestry, age, sex, marital status, physical disability, mental
disability, medical condition, sexual orientation, genetic information, pregnancy, (D
childbirth or related medical conditions of any female employee, or any other c
classification protected by law. E
Therefore, the City of San Bernardino will not tolerate any form of discrimination,
harassment, sexual harassment; and/or retaliation; and expects individuals to
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City of San Bernardino Formatted:Font:(Default)Arial,10 pt =
Policy on Non-Discrimination Retaliation /Workplace Harassment/,and Sexual Harassment Formatted:Font:(Default)Arial,10 pi v
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adhere to a standard of conduct that is respectful to all persons within the work 0
environment. This policy is intended to allow the City to resolve complaints of
discrimination, harassment, sexual harassment, and/or retaliation internally. It is
meant to supplement, not replace, any applicable State and Federal remedies.
The City of San Bernardino further acknowledges and understands that in order
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to implement a non-discrimination/non-harassment policy of the type hereby W
FemuIgateddeveloped, it is essential that all persons who witness or experience o
discrimination-eF-harassment and/or/sexual harassment of the type prohibited
by this policy report that discrimination or harassment immediately in order to c
facilitate early, effective, efficient and impartial investigation and intervention by E
the City. Accordingly, any retaliation against a person for filing a discrimination./
harassment and/or sexual harassment complaint,, reporting discrimination M
/harassment and/or sexual harassment which he or she has witnessed.- -or
assisting in a discrimination./harassment and/or sexual harassment investigation z
is strictly prohibited.
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In interpreting and implementing this policy, the constitutional rights of free
speech and association shall be accommodated in a manner consistent with Q-
applicable Federal and State laws and in a manner consistent with the intent of
this policy. �
III. SCOPE (Formatted:Font:(Default)Anal,Bold v��
This policy applies to all officers, agents, employees and elected officials of the M
City of San Bernardino (collectively called "employees" herein), as well as third o�
parties (e.g., vendors, contractors, members of the public) regularly entering the
work environment. p
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IV. DEFINITIONS Formatted:Font:(Default)Aral,sold J
A. Discrimination, as used in this policy, is defined to include, but is not w
limited to:
1. Basing an employment decision on as—te-a job applicant or 4)
employee, e.g., decision to hire, promote, transfer, terminate, etc. E
on one's protected status, e.g., race, religious creed, color, national R
origin, ancestry, age, sex, marital status, physical disability, mental
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disability, medical condition, sexual orientation, genetic information =
or any other classification protected by law. _
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2. Treating an applicant or employee differently with regard to any N
aspect of employment because of his/her protected status.
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3. Engaging in harassment and/or/_sexual harassment as more Formatted:Four.(Default)Aria),11 p1 R
specifically defined below. /, Formatted:Font:(Default)Arial,11 p) _
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.City of San Bernardino Formatted:Font:(Default)Anal,10 pi =
Policy on Non-Discrimination Retal�Vorkplace Harassment/,and Sexual Harassment - Form ;Font:(Default)Arial,10 pt v
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B. Harassment includes the following when based upon race, religious creed, 3:
color, national origin, ancestry, age, sex, marital status, physical disability, o
mental disability, medical condition, sexual orientation, genetic information
or any other classification protected by law: —
1. Verbal harassment, e.g., epithets, derogatory comments, lewd
propositioning, sexual remarks, or slurs; o
2. Physical harassment, e.g., assault,, unwelcome, unconsented or c
offensive touching;; impeding or blocking movement,, or any E
physical interference with normal work or movement;and,
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3. Visual harassment, e.g., leers, gestures, or derogatory posters,
cartoons or drawings. Z
4. Unwanted sexual advances, even if the complainant is not the d
target of the sexual advances, but reasonably believes that
engaging in sexual conduct or solicitations is a prerequisite to fair a
treatment.
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01 5. For the purpose of this policy, harassment al-6-9-specifically includes W
sexual harassment, as defined below. _
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C. Sexual Harassment includes unwelcome sexual advances, requests for
sexual favors, and other verbal or physical conduct of a sexual nature rob
when:
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1. Submission to such conduct is made either explicitly or implicitly as Z
a term or condition of an individual's employment; o
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2. Submission to or rejection of such conduct by an individual is used
as a basis for employment decisions affecting the individual; or,
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3. Such conduct has the purpose or effect of substantially interfering R
with an individual's work performance or creating an intimidating, L
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hostile or otherwise offensive working environment. Formatted:Line spacing: single, No I = or
numbering
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4. For the purpose of further clarification, sexual harassment includes, single, No bullets or numbering m
but is not limited to: C
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1. Makin unsolicited written, verbal, visual or physical�isual- Formatted:Indent:Left: 1",Line spa, E
9 single,Tab stops: 1.5",Left+Not at : N
contact with sexual overtones, physical contact or blocking Formatted:Font:(Default)Arial,11 pt
movement. (Written examples: suggestive or obscene letters, L
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City of San Bernardino Formatted:Font:(Default)Arial,10 pt =
Policy on Non-Discrimination,Retaliation,/Workplace Harassment/ and Sexual Harassment Formatted:Font:(Default)Anal,10 pt v
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notes, invitations. Verbal examples: epithets, derogatory 0
comments, lewd propositioning, sexual remarks, or slurs. Visual
examples: leering, gestures, display of sexually suggestive objects =
or pictures, cartoons or postcards. Physical examples: touching in a
sexually suggestive manner, touching of the private parts of 0
another for sexual ratification, pinching, grabbing, patting,
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propositioning or leering.) W
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2. Continuing to express sexual interest, or repeated offensive sexual °
flirtations, advances, or propositions after being informed that the c
interest is unwelcome. (Reciprocal attraction is not considered E
sexual harassment.)
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3. Making reprisals, threats of reprisal, or implied threats of reprisal
following a negative response. €er-(Eexample;_ either implying or z
actually withholding support for an appointment, promotion, or z
change of assignment; suggesting a poor performance report will a;
be prepared, or suggesting probation will be failed.)
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4. Engaging in implicit or explicit coercive sexual behavior, which is
used to control, influence, or affect the career, salary or work to
environment of another employee. JSexual harassment does not to
refer to occasional compliments of a socially--acceptable nature.)
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5. Offering favors or employment benefits, such as promotions, o0
favorable performance evaluations, favorable-assigned duties or
shifts, recommendations, reclassifications, etc., in exchange for CI
sexual favors. W
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6. Granting�I,-- employment benefits are granted because of sexual W
favor,,other qualified persons who are denied the benefits may be
considered to be victims of sexual harassment. ,
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7. Widespread sexual favoritism that is severe or pervasive enough to E
alter the complainant's working conditions and create a hostile work 0
environment. L
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8. A finding of sexual harassment even though the M
conduct occurs outside of the workplace. axi
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D. Retaliation, as used in this policy,. prohibits FBtaliatiGR reprisal against a a°i
person who files a discrimination.--9r-harassment orb sexual harassment E
complaint;i reports discrimination.-or-harassment or/sexual harassment; m
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or assists in a discrimination-er-harassment or asexual harassment L
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,City of San Bernardino Formatted:Font:(Default)Adal,10 pl =
Policy on Non-Discrimination,Retaliation,/V1lorkplace Harassment/,and Sexual Harassment Formatted:Font:(Default)Arial,10 pl v
Formatted:Font:(Default)Aria[,10 pl R
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investigation. Retaliation includes threats, intimidation, repFisals,_and/or }'LO
adverse actions related to employment.
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V. ,PENALTY GUIDELINES Formatted:Font:(Default)Aria[,Bold
The City of San Bernardino will undertake all appropriate, necessary actions •2
against any employee found to be in violation of this policy W pFeVeRt fuFtheF
Appropriate necessary action may include corrective action (e.g., counseling o
and/or training) and/or punitive action up to and including termination from
employment. Employees found to be retaliating against another employee for c
filing a discrimination charge, a harassment or /sexual harassment charge or E
making a discrimination-and/s-r--harassmenV or sexual harassment complaint
shall be subject to disciplinary action up to and including termination. A
In the case of elected officials, disciplinary actions are limited to private or public
censure, unless otherwise permitted by Charter. Z
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In the case of a citizen, contractor or vendor,the City shall take such actions to
prevent further discrimination- F-harassment,/_sexual harassment or retaliation
as may be within its lt'spower.
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Any manager, supervisor, or designated employee responsible for reporting or N
responding to discrimination, harassment, sexual harassment; and/or retaliation
who knew about the discrimination, harassment, sexual harassment and/or M
retaliation and took no action to stop it or failed to report the aforesaid prohibited 00
conduct also-may also be subject to disciplinary action. C�
VI. DUTIES (Formatted:Font:(Default)Arial,Bold W �l
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A. City's Responsibility —
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The City shall take prompt, appropriate action to avoid or minimize w
discrimination, harassment/sexual harassment„retaliation, and liability to
the City. The City will pursue every possible preventative measure to
ensure employees are not subject to discrimination, harassment/sexual a=i
harassment; and retaliation; will investigate all complaints of N
discrimination, harassment,—/sexual harassment, retaliation, and all
instances in which it has ood cause to believe it to-haves occurred; and L
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will take appropriate disciplinary action against any employee(s) found to =
be in violation of this policy.
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B. rn,�eGtG Human Resources Division Manager and/or/ City's Equal w
Employment Opportunity(EEO)€O-Officer
The D+restGF of Human Resources Division Manager and/or the City's vEi
EEO Officer shall be responsible for: Formatted:Foot:(Default)Arial,a pl M
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City of San Bernardino _ Formatted:Font:(Default)Arial,10 pt =
Policy on Non-Discrimination,Retaliation,/1Norkplace Harassment/ and Sexual Harassment Formatted:Font:(Default)Adal,10 pi v -j
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1. (Ensuring that this policy and complaint procedures are 0
disseminated to all employees.
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2. Providing training and assistance to department heads, supervisors .2
and employees in preventing and addressing discrimination, -
harassment_/sexual harassment=and retaliation.
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3. Investigating, resolving and making findings and recommendations o
on complaints of unlawful discrimination, harassment/,_sexual �.
harassment,and retaliation. c
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C. Department Heads
Department heads shall be responsible for:
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1. Assisting the Human Resources Division Manager and/or the City's o
EEO Officer "aRa of z
by disseminating this policy and ensuring that the workplace
remains fFee—void of discrimination, harassment./sexual
harassment;and/or retaliation. °-
2. Coordinating and cooperating with the Human Resources Division m
Manager and/or City's EEO Officer andieF DireGtGF of HumaR N
in resolving complaints involving
respective employees in their departments; and, when M
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discrimination, harassment/sexual harassment; and/or retaliation 00
has occurred,taking: Co r
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a) Prompt and appropriate remedial action against the W
perpetrator/harasser.
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b) Reasonable steps to protect the complainant from further
discrimination, harassment./sexual harassment, and/or
retaliation.
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c) Action to remedy the effects of discrimination, harassment
/sexual harassment,and/or retaliation.
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D. Employees t°
Employees shall cooperate fully with all investigations of discrimination, X
harassment./sexual harassment; and retaliation; implementation of �
remedial measures; and shall not retaliate against complainants or
witnesses. Formatted:Font:(Default)Arial,Bold E
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VII. COMPLAINT PROCEDURE Formatted:Font:(Default)Arial,11 pt
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III I Policy on Non-Discrimination,Retaliation,{Workplace HarassmentE and Sexual Harassment Formatted:Font:(Default)Mal,10 pi v
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A. Any employee who believes that he/she has been discriminated against, 0
harassed./sexually harassed, retaliated against; or has reason to believe
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that someone else has been the subject of discrimination, harassment o
/sexual harassment; and/or retaliation has the obligation to notify the
employee's supervisor or department head, the Human Resources -
€>+reEtsrDivision Manager; or the City's EEO € 'l EmPIE)y ,^^+
Opportunity (re+ EEO) Officer. (Any applicant who believes he/she has �
been discriminated against.-aaA/er-harassed/.sexually harassed and/or o
retaliated against may file a complaint with the Human Resources Division 2
Manager and/or the City's EEO Officer OF Human ResE)uFGes c
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B. The Human Resources Division Manager and/or the City's EEO Officer
at the u o n + D M shall be
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responsible for ensuring that all complaints of discrimination, harassment, o
/sexual harassment, d+sGFiFR:Rat4eR—and retaliation are investigated z
thoroughly and are responded to in a timely fashion. a;
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C. The Human Resources Division Manager and/or the City's EEO Officer Q-
aR iOF the Human Rese ,rGes DiFeGt F DMS:GR nnanagor shall be
responsible for arranging periodic training for employees. to
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D. The Human Resources Division Manager and/or the City's EEO Officer
and uUMEIr, R86G FGeS DireGteF Dc„*6"e, nnaAager shall perform his/her M
duties in a fair, impartial, and objective manner. Any person who attempts
to influence the Human Resources Division Manager and/or the City's orb
EEO Officer r,nd/er woman ReseuFGes D'r,,GtGF D:.,:Sie-n nna.a by
means of any threat, intimidation, persuasion, or assurance of any W
PeGuniaf�-financial or other advantage, may be subject to prosecution J
and/or penalties as provided herein. w
E. Upon the filing of a written complaint(see attached forms)or at such time
as the Human Resources Division Manager and/or the City's EEO Officer
and-ler woman Reseurrses Dore„+„r n,,,,s;,,,., Manager has have good cause E
to believe that discrimination, harassment/sexual harassment, and/or
retaliation has occurred, the Human Resources Division Manager and the
City's EEO Officer anuseF u,,maR ReseYFGes D'FeGtE)r DMSOGE �_ _
shall promptly and confidentially investigate the matter complaint and keep �
the confidential to the extent practicable within the context of aXi
the investigation. N
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F. The Human Resources Division Manager and the City's EEO Officer E
anther the Human pow s Doren.+„r Do„oSmeR Ma _ r shall provide the W
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respondent an opportunity for an informal resolution of the matter, and Formatted:Font:(Default)Arial,11 pt M
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,City of San Bernardino Formatted:Font:(Default)Arial,10 pt =
Policy on Non-Discrimination, Retaliation,/Workplace Harassment/,and Sexual Harassment Formatted:Font:(Default)Arial,10 pi v
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shall notify the complainant of the proposed disposition of his/her �'LO
complaint by the informal adjustment procedure.
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G. The complainant and respondent shall abide by the terms of any agreed_
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upon settlement toe +„ at a , +,.,,e iR the P -In all other 5
respects, the recommendations of the Human Resources Division
Manager and/or the City's EEO Officer andleF the HumaR ReGGUFGe6 W
shall be advisory only. o
VIII. LIABILITY FOR SEXUAL HARASSMENT (Formatted:Font:(Default)Arial,Bold = �!
Any employee who engages in unlawful sexual harassment or retaliation, E
including any Svsupervisor or Mmanager who knew about the sexual harassment
and took no action to stop it, may be held personally liable for monetary
damages.
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IX. EMPLOYEE RESPONSIBILITIES AND RIGHTS i Formatted:Font:(Default)Aria[,Bold z
................. a A. Complainants f Formatted:Font:(Default)Aria[,Bold r
Any employee who believes he/ she has been discriminated against,
harassed/sexually harassed and/or retaliated against has the CL
responsibility to take immediate action to assure that the situation does
not persist. LO
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Employees have the following rights:
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1. T#e-4gh"To work in an environment free effrom discrimination,
harassment sexual harassment and/or retaliation. rob
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2. The aght�To an informal hearing by the Human Resources Division W
Manager and/or the City's EEO Officer 9F HymaR ResG rtes
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3. Tlhe Fl t-Io a full, impartial and prompt investigation through the
Human Resources Division Manager and/or the City's EEO Officer. d
„r u,,maR Rese FGeS Depa+. eRt including the right to produce E
witnesses and to have them interviewed. to
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4. The right Jo be represented by legal counsel or other =
representatives, at his/her own cost, at all stages of the M
proceedings. X
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5. T44e44g4z44TO a timely decision after full consideration of all relevant
facts and circumstances. E
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Policy on Non-Discrimination,Retaliation,/Workplace Harassment/_and Sexual Harassment - Formatted:Font:(Default)Arial,10 pt v ]
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6. T#e-Fight4jo be advised of the results of the Human Resources 0
Division Manager's and/or the City's EEO Officer's or
i esGuFSes Dire&teF's Dovisien—Manager's investigation and =
conclusions. (If discipline is imposed, the specific terms of the
discipline will not be communicated to the complainant.) -
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7. T4e-F4",410 be free from retaliation for filing a complaint or
otherwise participating in an investigation of discrimination, c
harassment,/sexual harassment and/or retaliation.
Employees may also file complaints of discrimination, harassment,/sexual E
harassment and/or retaliation with the following State and Federal Offices:
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State Federal f Formatted:Font:(Default)Arial,No u ie
Department of Fair Employment Equal Employment Opportunity (Formatted:Font:(Default)Anal,No u z D
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1500255 East Temple Street, 4th Floor
Los Angeles, CA 90017 Los Angeles, CA 90012 Formatted:Font:(Default)Arial,supe 7 ]
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www.dfeh.ca.gov www.eeoc.gov o
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B. Respondent 00
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Any employee who has been accused of discrimination, harassment Z
/sexual harassment; and/or retaliation ("Respondent") has athe J
responsibility to cooperate with the investigation by the Human Resources w
Division Manager and/or the City's EEO Officer
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Such report may be discussed only with the Human Resources Division }'`O
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of the complaining and responding employees.
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against any employee wih respect to compensation, terms, conditions, or other E
privileges of employment. "Retaliation" can include termination, demotion, Left+Not at 1" L
denial of overtime, denial of promotion or other benefits,failure to hire or rehire,
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The ACA's anti-retaliation provisions prohibit an employer from retaliating
against an employee who:
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1. Receives a health insurance tax credit or subsidy through Covered
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which provides guaranteed availability protections among other things.
3. Testifies in a proceeding concerning such violation. M
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assigned task that the employee reasonably believes to be in violation of o
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The Department of Occupational Safety and Health Administration (OSHA) will w
enforce the ACA's anti-retaliation provisions. An employee who believes he/she
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by an in-person visit or telephone call to a local OSHA office, or by sending a N
written complaint to the OSHA office.
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Employee's Remedies for Retaliation Under the ACA: Formatted:Font:Not Bold x
Remedies include reinstatement, affirmative action to abate the violation, back pay
with interest, front pay, compensatory damages, and an award of up to $1,000 d
for attorney's fees.
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Copies of this policy shall be distributed to all employees and elected officials. - Formatted:centered E
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ACKNOWLEDGMENT OF MANDATORY COMPLIANCE WITH 0
CITY OF SAN BERNARDINO POLICY ON
NON-DISCRIMINATION, RETALIATION,/WORKPLACE HARASSMENT/ c
AND SEXUAL HARASSMENT y
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I hereby acknowledge that I have received a copy of the City of San Bernardino Policy W
on Non-Discrimination, Retaliation, /Workplace Harassment/ and Sexual Harassment. I o
understand that compliance with this policy is mandatory and violation of this policy may
result in discipline up to and including termination. -1 have read and understand this c
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CITY OF SAN BERNARDINO O
COMPLAINT OF DISCRIMINATION c
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2. Are you currently employed by the City of San Bernardino? Yes ❑ No ❑ _
Department: Job Title: E
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3. City Employee/Agent you believe discriminated against you: N
Name:
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Department/Division the individual is employed within: O
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4. What is the basis on which you believe you were discriminated? Race: ❑ Sex ❑
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Medical Condition ❑ Race ❑ Religious Creed ❑ Color ❑ National Origin ❑
Ancestry ❑ Sexual Orientation ❑ Genetics Information ❑ Other ❑ N
5. Date or period the alleged discrimination occurred: M
6. Did the discrimination occur while on duty? Yes ❑ No ❑ If yes,where did it occur?_
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7. Have you discussed the discrimination with your Supervisor? Yes El No El W
8. Provide a detailed description of the discrimination(attach additional pages,if necessary): Z
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CITY OF SAN BERNARDINO 0
COMPLAINT OF HARASSMENT/SEXUAL HARASSMENT
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Your Full Name:
Address:
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Name of Alleged Harasser: Dept.:
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Physical Disability ❑ Mental Disability ❑ Medical Condition ❑ Religious Creed ❑
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Color ❑ National Origin ❑ Ancestry ❑ Sexual Orientation ❑ Genetics Information❑ Q
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CITY OF SAN BERNARDINO
POLICY ON =
NON-DISCRIMINATION, RETALIATION, WORKPLACE HARASSMENT
AND SEXUAL HARASSMENT
CU
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I. PURPOSE
Discrimination and workplace harassment, including sexual harassment, is a N
violation of State and Federal laws, as well as a violation of a person's privacy L
and dignity. It can cause emotional, physical and economic damage to its victims. _
It undermines the integrity of the employment relationship. It can result in
economic loss to the employer and employee, excessive absenteeism and a
turnover, loss of morale, division of staff, sabotaged work, decreased o
management credibility and decreased productivity. The purpose of this policy is
to confirm the City of San Bernardino's commitment to maintain a work o
environment free from unlawful discrimination, harassment, sexual harassment
and/or retaliation for all current and prospective City employees. r
This Policy: o
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• Defines discrimination, harassment, sexual harassment and retaliation
for purpose of this policy;
N
• Confirms the City's commitment to prohibit and prevent unlawful
discrimination, harassment, sexual harassment and retaliation in z°
employment;
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• Provides a complaint and investigation procedure to resolve
complaints of alleged discrimination, harassment, sexual harassment LO
and retaliation in violation of law or this policy.
N
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II. POLICY N
It is the policy of the City of San Bernardino to provide all current and prospective ;
S.L.c
City of San Bernardino
Policy on Non-Discrimination, Retaliation, Workplace Harassment, and Sexual Harassment
E
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environment. This policy is intended to allow the City to resolve complaints of
discrimination, harassment, sexual harassment and/or retaliation internally. It is =
meant to supplement, not replace, any applicable State and Federal remedies. x
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The City of San Bernardino further acknowledges and understands that in order =
to implement a non-discrimination/non-harassment policy of the type hereby
r
developed, it is essential that all persons who witness or experience
discrimination, harassment and/or sexual harassment of the type prohibited by E
this policy report that discrimination or harassment immediately in order to L
facilitate early, effective, efficient and impartial investigation and intervention by =
the City. Accordingly, any retaliation against a person for filing a discrimination,
harassment and/or sexual harassment complaint; reporting discrimination,
harassment and/or sexual harassment which he or she has witnessed; or o
assisting in a discrimination, harassment and/or sexual harassment investigation 3:
is strictly prohibited. c
In interpreting and implementing this policy, the constitutional rights of free w
speech and association shall be accommodated in a manner consistent with
applicable Federal and State laws and in a manner consistent with the intent of o
this policy.
III. SCOPE
This policy applies to all officers, agents, employees and elected officials of the y
City of San Bernardino (collectively called "employees" herein), as well as third
parties (e.g., vendors, contractors, members of the public) regularly entering the z°
work environment.
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IV. DEFINITIONS CL
A. Discrimination, as used in this policy, is defined to include but is not limited
to: X29
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1. Basing an employment decision on a job applicant or employee,
e.g., decision to hire, promote, transfer, terminate, etc. on one's N
protected status, e.g., race, religious creed, color, national origin, 00
ancestry, age, sex, marital status, physical disability, mental 2
disability, medical condition, sexual orientation, genetic information a.
or any other classification protected by law.
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2. Treating an applicant or employee differently with regard to any
aspect of employment because of his/her protected status.
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3. Engaging in harassment and/or sexual harassment as more z
specifically defined below. �-
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City of San Bernardino
Policy on Non-Discrimination, Retaliation, Workplace Harassment, and Sexual Harassment
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B. Harassment includes the following when based upon race, religious creed, o
color, national origin, ancestry, age, sex, marital status, physical disability, _
mental disability, medical condition, sexual orientation, genetic information x
or any other classification protected by law: N
1. Verbal harassment, e.g., epithets, derogatory comments, lewd
propositioning, sexual remarks, or slurs;
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2. Physical harassment, e.g., assault; unwelcome, unconsented or L
offensive touching; impeding or blocking movement; or any physical =
interference with normal work or movement; and,
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3. Visual harassment, e.g., leers, gestures, or derogatory posters, .X 0
cartoons or drawings.
2
4. Unwanted sexual advances, even if the complainant is not the
target of the sexual advances but reasonably believes that w
engaging in sexual conduct or solicitations is a prerequisite to fair
treatment. _
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5. For the purpose of this policy, harassment specifically includes
sexual harassment, as defined below. L
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C. Sexual Harassment includes unwelcome sexual advances, requests for °
sexual favors, and other verbal or physical conduct of a sexual nature z°
when:
1. Submission to such conduct is made either explicitly or implicitly as
a term or condition of an individual's employment;
LO
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2. Submission to or rejection of such conduct by an individual is used
as a basis for employment decisions affecting the individual; or, r
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3. Such conduct has the purpose or effect of substantially interfering 04
with an individual's work performance or creating an intimidating, 2
hostile or otherwise offensive working environment. a.
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For the purpose of further clarification, sexual harassment includes, but is E
not limited to:
1. Making unsolicited written, verbal, visual or physical contact with
sexual overtones physical contact or blocking movement. Written z
overtones, 9 ( z
examples: suggestive or obscene letters, notes, invitations. Verbal LL
examples: epithets, derogatory comments, lewd propositioning,
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N
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sexual remarks, or slurs. Visual examples: leering, gestures,
display of sexually suggestive objects or pictures, cartoons or =
postcards. Physical examples: touching in a sexually suggestive
manner, touching of the private parts of another for sexual n
gratification, pinching, grabbing, patting, propositioning or leering.)
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2. Continuing to express sexual interest, or repeated offensive sexual
flirtations, advances, or propositions after being informed that the E
interest is unwelcome. (Reciprocal attraction is not considered
sexual harassment.) _
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3. Making reprisals, threats of reprisal, or implied threats of reprisal a
following a negative response. (Example: either implying or actually c
withholding support for an appointment, promotion, or change of 3:
assignment; suggesting a poor performance report will be o
prepared, or suggesting probation will be failed.)
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4. Engaging in implicit or explicit coercive sexual behavior, which is
used to control, influence, or affect the career, salary or work c
environment of another employee. (Sexual harassment does not
refer to occasional compliments of a socially-acceptable nature.) c
5. Offering favors or employment benefits, such as promotions, y
favorable performance evaluations, assigned duties or shifts, °
recommendations, reclassifications, etc., in exchange for sexual z°
favors.
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6. Granting employment benefits because of sexual favor; other CL
qualified persons who are denied the benefits may be considered to
be victims of sexual harassment.
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7. Widespread sexual favoritism that is severe or pervasive enough to r
alter the complainant's working conditions and create a hostile work N
environment. 00
8. A finding of sexual harassment even though the conduct occurs a.
outside of the workplace.
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D. Retaliation, as used in this policy, prohibits reprisal against a person who
files a discrimination, harassment or sexual harassment complaint; reports
discrimination, harassment or sexual harassment; or assists in a _J
discrimination, harassment or sexual harassment investigation. Retaliation z
includes threats, intimidation and/or adverse actions related to LL
employment.
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V. PENALTY GUIDELINES =
The City of San Bernardino will undertake all appropriate, necessary actions x
against any employee found to be in violation of this policy. Appropriate
necessary action may include corrective action (e.g., counseling and/or training)
and/or unitive action up to and including termination from employment.
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Employees found to be retaliating against another employee for filing a
discrimination charge, a harassment or sexual harassment charge or making a
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discrimination, harassment or sexual harassment complaint shall be subject to L
disciplinary action up to and including termination. _
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In the case of elected officials, disciplinary actions are limited to private or public a
censure, unless otherwise permitted by Charter. c
In the case of a citizen, contractor or vendor, the City shall take such actions to 0
prevent further discrimination, harassment, sexual harassment or retaliation as
may be within its power. r
Any manager, supervisor, or designated employee responsible for reporting or o
responding to discrimination, harassment, sexual harassment and/or retaliation
who knew about the discrimination, harassment, sexual harassment and/or C
retaliation and took no action to stop it or failed to report the aforesaid prohibited
conduct may also be subject to disciplinary action. N
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VI. DUTIES °
Z
A. City's Responsibility
The City shall take prompt, appropriate action to avoid or minimize
discrimination, harassment, sexual harassment, retaliation, and liability to
the City. The City will pursue every possible preventative measure to
Ln
ensure employees are not subject to discrimination, harassment, sexual
CD
harassment and retaliation; will investigate all complaints of discrimination,
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harassment, sexual harassment, retaliation, and all instances in which it
has good cause to believe it has occurred; and will take appropriate N
disciplinary action against any employee(s) found to be in violation of this co
policy.
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B. Human Resources Division Manager and/or City's Equal Employment
Opportunity (EEO) Officer E
The Human Resources Division Manager and/or the City's EEO Officer
shall be responsible for:
J
1. Ensuring that this policy and complaint procedures are Z
disseminated to all employees. �-
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2. Providing training and assistance to department heads, supervisors
and employees in preventing and addressing discrimination, _
harassment, sexual harassment and retaliation.
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3. Investigating, resolving and making findings and recommendations =
on complaints of unlawful discrimination, harassment, sexual R
harassment and retaliation. d
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C. Department Heads L
Department heads shall be responsible for: _
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1. Assisting the Human Resources Division Manager and/or the City's a
EEO Officer by disseminating this policy and ensuring that the c
workplace remains void of discrimination, harassment, sexual
harassment and/or retaliation. o
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2. Coordinating and cooperating with the Human Resources Division w
Manager and/or City's EEO Officer in resolving complaints involving
employees in their respective departments; and, when
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discrimination harassment sexual harassment and/or retaliation
has occurred, taking:
a) Prompt and appropriate remedial action against the y
perpetrator/harasser. °
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b) Reasonable steps to protect the complainant from further
discrimination, harassment, sexual harassment and/or
retaliation.
LO
c) Action to remedy the effects of discrimination, harassment,
sexual harassment and/or retaliation.
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D. Employees N
Employees shall cooperate fully with all investigations of discrimination, c,
harassment, sexual harassment and retaliation; implementation of 2
remedial measures; and shall not retaliate against complainants or a
witnesses.
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VII. COMPLAINT PROCEDURE
N
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A. Any employee who believes that he/she has been discriminated against,
harassed, sexually harassed, retaliated against or has reason to believe
that someone else has been the subject of discrimination, harassment, z
sexual harassment and/or retaliation has the obligation to notify the U-
46
employee's supervisor or department head, the Human Resources
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Policy on Non-Discrimination, Retaliation, Workplace Harassment, and Sexual Harassment
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Division Manager or the City's EEO Officer. (Any applicant who believes
he/she has been discriminated against, harassed, sexually harassed =
and/or retaliated against may file a complaint with the Human Resources 3
Division Manager and/or the City's EEO Officer.) in
B. The Human Resources Division Manager and/or the City's EEO Officer
shall be responsible for ensuring that all complaints of discrimination,
harassment, sexual harassment and retaliation are investigated E
thoroughly and are responded to in a timely fashion. L
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C. The Human Resources Division Manager and/or the City's EEO Officer
shall be responsible for arranging periodic training for employees. Q
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D. The Human Resources Division Manager and/or the City's EEO Officer
shall perform his/her duties in a fair, impartial, and objective manner. Any c
person who attempts to influence the Human Resources Division Manager
and/or the City's EEO Officer by means of any threat, intimidation, w
persuasion, or assurance of any financial or other advantage, may be
subject to prosecution and/or penalties as provided herein. o
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E. Upon the filing of a written complaint (see attached forms) or at such time
as the Human Resources Division Manager and/or the City's EEO Officer c
have good cause to believe that discrimination, harassment, sexual y
harassment and/or retaliation has occurred, the Human Resources °
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Division Manager and the City's EEO Officer shall promptly and z°
confidentially investigate the complaint and keep it confidential to the
extent practicable within the context of the investigation.
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F. The Human Resources Division Manager and the City's EEO Officer shall
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provide the respondent an opportunity for an informal resolution of the
matter, and shall notify the complainant of the proposed disposition of
his/her complaint by the informal adjustment procedure.
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G. The complainant and respondent shall abide by the terms of any agreed- c,
upon settlement. In all other respects, the recommendations of the Human 2
Resources Division Manager and/or the City's EEO Officer shall be a
advisory only.
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VIII. LIABILITY FOR SEXUAL HARASSMENT
N
Any employee who engages in unlawful sexual harassment or retaliation,
including any supervisor or manager who knew about the sexual harassment and _J
took no action to stop it, may be held personally liable for monetary damages. z
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Policy on Non-Discrimination, Retaliation, Workplace Harassment, and Sexual Harassment
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IX. EMPLOYEE RESPONSIBILITIES AND RIGHTS
A. Complainants =
Any employee who believes he/she has been discriminated against, x
harassed, sexually harassed and/or retaliated against has the in
responsibility to take immediate action to assure that the situation does
not persist. 1°
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Employees have the following rights: N
N
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1. To work in an environment free from discrimination, harassment, _
sexual harassment and/or retaliation.
2. To an informal hearing by the Human Resources Division Manager o
and/or the City's EEO Officer.
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3. To a full, impartial and prompt investigation through the Human
Resources Division Manager and/or the City's EEO Officer, CU
including the right to produce witnesses and to have them
interviewed. E
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4. To be represented by legal counsel or other representatives, at
his/her own cost, at all stages of the proceedings.
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5. To a timely decision after full consideration of all relevant facts and °
circumstances. °
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6. To be advised of the results of the Human Resources Division
Manager's and/or the City's EEO Officer's investigation and
conclusions. (If discipline is imposed, the specific terms of the
discipline will not be communicated to the complainant.) W
N
7. To be free from retaliation for filing a complaint or otherwise
participating in an investigation of discrimination, harassment, N
sexual harassment and/or retaliation. 00
Employees may also file complaints of discrimination, harassment, sexual a
harassment and/or retaliation with the following State and Federal Offices:
E
State Federal
Department of Fair Employment Equal Employment Opportunity
& Housing (DFEH) Commission (EEOC)
Los Angeles Housing District Roybal Federal Building z
1055 West 7th Street, Suite 1400 255 East Temple Street, 4th Floor
Ar
Los Angeles, CA 90017 Los Angeles, CA 90012
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Policy on Non-Discrimination, Retaliation, Workplace Harassment, and Sexual Harassment
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N
Phone: 1-800-884-1684 Phone: 1-800-669-4000
Fax: 1-213-439-6715 Fax: 1-213-894-1118 =
TTY: 1-800-700-2320 TTY: 1-800-669-6820
www.dfeh.ca.gov www.eeoc.gov
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B. Respondent t°
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Any employee who has been accused of discrimination, harassment,
sexual harassment and/or retaliation ("Respondent") has the responsibility E
to cooperate with the investigation by the Human Resources Division
Manager and/or the City's EEO Officer and also has the following rights: _
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1. To an attempt at an informal resolution of the complaint with the a
Human Resources Division Manager and/or the City's EEO Officer o
prior to the institution of any formal process.
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2. To be represented by legal counsel or other representative, at
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his/her own cost, at all stages of the proceedings. r
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C. It shall be the responsibility of any supervisor or other employee to whom o
alleged discrimination, harassment, sexual harassment and/or retaliation
has been reported to maintain such report as a matter of strict confidence. E
Such report may be discussed only with the Human Resources Division L
Manager and/or the City's EEO Officer. N
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A complaint of discrimination, harassment, sexual harassment and/or z
retaliation is to be considered and treated as any other confidential record
of the complaining and responding employees.
X. AFFORDABLE CARE ACT (ACA) RETALIATION
An employment action is considered retaliatory under the ACA if it discriminates
against any employee wih respect to compensation, terms, conditions, or other
privileges of employment. "Retaliation" can include termination, demotion,
denial of overtime, denial of promotion or other benefits, failure to hire or rehire, N
intimidation, reassignment, discipline, blacklisting, and the reduction of pay or 0
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The ACA's anti-retaliation provisions prohibit an employer from retaliating
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1. Receives a health insurance tax credit or subsidy through Covered
California (aka the "Marketplace" or "exchange").
2. Reports potential violations of protections afforded under Title I of the Act, z
which provides guaranteed availability protections among other things. �-
3. Testifies in a proceeding concerning such violation.
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Policy on Non-Discrimination, Retaliation, Workplace Harassment, and Sexual Harassment
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4. Assists or participates in a proceeding concerning a violation; or o
5. Objects to, or refuses to participate in, any activity, policy, practice, or =
assigned task that the employee reasonably believes to be in violation of x
any provision of Title I of the Act.
Enforcement °
The Department of Occupational Safety and Health Administration (OSHA) will
enforce the ACA's anti-retaliation provisions. An employee who believes he/she N
has been retaliated against pursuant to the ACA must complain within 180 days
by an in-person visit or telephone call to a local OSHA office, or by sending a =
written complaint to the OSHA office. U
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Employee's Remedies for Retaliation Under the ACA o
Remedies include reinstatement, affirmative action to abate the violation, back
pay with interest, front pay, compensatory damages, and an award of up to 0
$1,000 for attorney's fees.
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Copies of this policy shall be distributed to all employees and elected officials.
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ACKNOWLEDGMENT OF MANDATORY COMPLIANCE WITH
CITY OF SAN BERNARDINO POLICY ON =
NON-DISCRIMINATION, RETALIATION, WORKPLACE HARASSMENT
AND SEXUAL HARASSMENT in
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I hereby acknowledge that I have received a copy of the City of San Bernardino Policy
on Non-Discrimination, Retaliation, Workplace Harassment and Sexual Harassment. I E
understand that compliance with this policy is mandatory and violation of this policy may L
result in discipline up to and including termination. I have read and understand this =
policy and agree to comply with its provisions.
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I understand that if I have questions regarding this policy, I can discuss these issues o
with my supervisor or the Human Resource Department.
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DATE Employee Signature
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*** Please sign and return to the Human Resources Department no later than 30
days from the receipt of this acknowledgement. *** J
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CITY OF SAN BERNARDINO
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COMPLAINT OF DISCRIMINATION
(Please Print or Type) fn
1. Name:
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City: State: Zip:
2. Are you currently employed by the City of San Bernardino? Yes ❑ No ❑
Department: Job Title:
3. City Employee/Agent you believe discriminated against you:
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Name:
Department/Division the individual is employed within: 0
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Address: City: State:
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4. What is the basis on which you believe you were discriminated? Race: ❑ Sex ❑
Marital Status ❑ Age ❑ Physical Disability ❑ Mental Disability ❑ o
Medical Condition ❑ Race ❑ Religious Creed ❑ Color ❑ National Origin ❑ _
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Ancestry ❑ Sexual Orientation ❑ Genetics Information ❑ Other ❑
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5. Date or period the alleged discrimination occurred: o
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8. Provide a detailed description of the discrimination(attach additional pages,if necessary):
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9. What corrective action do you want taken on your behalf in the resolution of this complaint U
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CITY OF SAN BERNARDINO P
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COMPLAINT OF HARASSMENT/SEXUAL HARASSMENT
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Your Full Name: N
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City: State: Zip: E
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Your Job Title: Dept.:
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Name of Alleged Harasser: Dept.: O
Form of Harassment(circle one): Race: ❑ Sex ❑ Marital Status ❑ Age ❑ _
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Physical Disability ❑ Mental Disability ❑ Medical Condition ❑ Religious Creed ❑ v
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What corrective action do you want taken on your behalf regarding this complaint?
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