Sample Only
City of Puyallup, WA
Subject: Sexual Harassment Policy & Procedure
Index: Personnel
Number: 2.4.1
Effective Date: March 23, 1992
Supersedes: February 15, 1987
1.0 PURPOSE:
To establish the City's policy on the subject of sexual harassment, to set forth guidelines for handling violation of the policy and to specify related complaint-handling procedure.
2.0 ORGANIZATIONS AFFECTED:
All departments.
3.0 REFERENCES:
Civil Rights Act 1964, Title VII
4.0 POLICY:
4.1 It is the policy of the City to provide a work environment for all employees (male and female) that is harmonious and free from intimidation and harassment, including sexual harassment. Therefore, the City will not tolerate any form or degree of sexual harassment.
4.2 It will constitute a violation of this policy, for an employee to engage in any of the acts or behavior defined below, and such misconduct may subject an employee to corrective action up to and including termination.
4.3 All complaints will be investigated with confidentiality maintained to the extent permitted by the circumstances. Appropriate disciplinary action will be taken if a violation of this policy is found.
4.4 Employees who report harassment will not be subjected to any form of retaliation. Any employee who engages in any form of retaliatory conduct will be subject to disciplinary action.
5.0 DEFINITIONS:
- Unwelcome sexual advances, requests for sexual favors and other verbal
or physical conduct of a sexual nature.
- Making threats of reprisal explicitly or implicitly a term or condition
of employment.
- Using coercive sexual behavior to control or affect the career, salary
or performance review of another employee.
- Unreasonably interfering with work performance or creating an otherwise offensive working environment.
- Remarks or jokes about a person's clothing, body or sexual activity;
- Unwanted touching, patting or brushing against a person;
- Verbal abuse or pressure for sexual activity;
- Constant pressure to date or have an affair.
5.1 Sexual Harassment includes, but is not limited to
5.2 Sexual Harassment Examples:
If an employee is uncertain whether he/she is experiencing sexual harassment, the Human Resources Director or his/her designee is available for confidential assistance.
6.0 PROCEDURES:
6.1 If an employee believes he/she is experiencing sexual harassment of any kind, the following complaint/investigation procedures should be utilized:
Employee:
6.1.1 The employee should first, clearly inform the "harasser" that his/her behavior is unwelcome, inappropriate, offensive and should immediately cease.
6.1.2 If the harassment continues, the employee should make a sexual harassment complaint to his/her department's immediate, non-involved supervisor. Include the specific allegation, the date(s) of the occurrence, the individual(s) involved and any witnesses. (A non-involved supervisor is defined as the first person in the employee's organization who is not the object of the complaint.)
Supervisor:
6.1.3 The supervisor should try to obtain detail information from the complaining employee, i.e.:
(1) Identity of the person(s) accused of the offensive action and what specific conduct is objected to:
(2) How frequent and over what period of time has the conduct occurred;
(3) Were there any witnesses or did other employees receive the same type of conduct;
(4) Has there been any complaint to fellow employees, the harasser or others within the City;
(5) Is there a pattern to this behavior.
6.1.4 Inform the complaining employee that an investigation will be conducted. Notify the department director, Human Resources and the City Manager of the complaint.
6.1.5 Schedule an investigatory interview with the alleged harasser to obtain the harasser's side of the story. If the alleged harasser is covered by a union contract, a union representative may be requested.
6.1.6 Inform alleged harasser that there has been a complaint of sexual harassment lodged and provide an opportunity for the alleged harasser to respond.
6.1.7 If the alleged harasser admits the conduct or the investigation reveals that the conduct did occur, appropriate action must be decided. Review the accused employee's personnel file to see if there are other problems or, conversely, mitigating circumstances.
6.1.8 If the alleged harasser denies the conduct, consider if there is any additional investigation which should be done, i.e., if possible, try to observe the conduct or consider discussing allegations with witnesses. Be sure to inform all employees contacted that the conversation is confidential and not to be communicated to co-workers.
6.1.9 Inform the alleged harasser and the complaining employee of the results of the investigation.
6.1.10 Document all meetings.
6.1.11 Follow up within a reasonable period of time to ensure compliance.
6.2 In the event a department director is the subject of a complaint of sexual harassment, the complaint shall be referred directly to the City Manager.
6.3 If for any reason an employee is reluctant to bring a problem of sexual harassment to the attention of his/her immediate non-involved supervisor, the employee has the right to contact the department director or seek consultation with Human Resources department personnel.
7.0 TRAINING:
7.1 All managerial and supervisory personnel will receive annual training regarding this policy and procedures to curtail sexual harassment.
7.2 All City employees will receive a copy of this policy and receive training every two (2) years.