Not an official copy.

Seattle, WA
Resolution 29669

November 12, 1997

A RESOLUTION amending and superseding Resolution No. 29014, to re-affirm the City's policy on workplace harassment, encourage prompt reporting and investigation of workplace harassment, and adopt revised uniform procedures for investigating and resolving harassment complaints in the City's workplace.

WHEREAS, the City of Seattle is committed to providing a work environment free from discrimination and harassment, and

WHEREAS, harassment because of a person's race, color, religion, creed, sex, sexual orientation, national origin, ancestry, age, disability, marital status or political ideology, or that of his/her relatives, friends associate ill discrimination and contrary to City policy, and

WHEREAS, it is the intent of the City Council to take positive action to prevent the occurrence of this type of harassment in the work environment, and

WHEREAS, prompt reporting and investigation of harassment and/or discrimination complaints result in prompt resolution of such complaints, and

WHEREAS, the City Council and Mayor issued prior recommended procedures for the investigation and resolution of sexual harassment complaints, and

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEATTLE, THE MAYOR CONCURRING:

I. PURPOSE

It is the purpose of this Resolution for City Council to reaffirm the City's policy prohibiting workplace harassment because of a person's race, color, religion, creed, sex, sexual orientation, national origin, ancestry, age, disability, marital status or political ideology, or that of his/her relatives, friends, or associates and to encourage prompt reporting and investigation of harassment complaints.

II. POLICY

Harassment because of a person's race, color, religion, creed, sex, sexual orientation, national origin, ancestry, age, disability, marital status or political ideology, or that of his/her relatives, friends, or associates is employment discrimination. Consistent with existing City, state and federal laws, it is the policy of the City of Seattle to provide a work environment for its employees which is free from discrimination, and promotes equal employment opportunity and equitable treatment of all employees. The City of Seattle will not tolerate any form of harassment based on a person's race, color, religion, creed, sex, sexual orientation, national origin, ancestry, age, disability, marital status or political ideology, or that of his/her relatives, friends, or associates.

A. Employees should be free of such harassment from co-workers, officers of the City, supervisors, managers, and from non-employees conducting business with the City.

B. The actions of an employee who engages in such harassment may violate Title VII of the Civil Rights Act, 42 U.S.C. 2000e, et seq., RCW 49.60, or SMC Chapter 14.04, and this policy.

C. Employees should be free from restraint and/or retaliation in seeking resolution of their complaints. Retaliation against an employee who brings a complaint of harassment based on his/her race, color, religion, creed, sex, sexual orientation, national origin, ancestry, age, disability, marital status or political ideology, or that of his/her relatives, friends, or associates is prohibited and will not be tolerated.

D. Any form of restraint and/or retaliation against employees who are witnesses to such alleged acts of harassment due to their cooperation with an investigation is prohibited and will not be tolerated.

E. The City encourages officers, supervisors and managers to promptly report to appropriate City officials, any allegations and/or complaints of harassment and/or discrimination.

F. Substantiated violations of the provisions of this policy should result in appropriate corrective action, which may include disciplinary action, that is reasonably calculated to end the harassment, prevent it from recurring and where appropriate, make the victim whole by restoring any lost employment benefits or opportunities.

III. EMPLOYER RESPONSIBILITIES

A. Responsible officers, supervisors and managers of the City should take all steps necessary to prevent harassment based on a person's race, color, religion, creed, sex, sexual orientation, national origin, ancestry, age, disability, marital status or political ideology, or that of his/her relatives, friends, or associates. Such action may include, but not be limited to, posting and distributing the City's anti-harassment policy, providing training and information, and receiving and resolving employee complaints.

B. Officers, supervisors and managers of the City should promptly report to appropriate City officials, any allegations and/or complaints of harassment and discrimination. Responsible officers and managers of the City should thoroughly and impartially investigate complaints of prohibited harassment in a timely manner. When there is an indication that such harassment may be occurring, City officers, supervisors and managers should initiate an investigation even if a formal employee complaint has not been received. All complaints shall be taken seriously. Upon receipt of a complaint, responsible officers. supervisors and managers shall not make any subjective judgment about the complainant, the person accused, or the validity of the complaint,

When harassment based on a person's race, color, religion, creed, sex, sexual orientation, national origin, ancestry, age, disability, marital status or political ideology, or that of his/her relatives, friends, or associates, has been substantiated, City officers, supervisors and managers should take appropriate action which may include disciplinary action, that is reasonably calculated to end the harassment,* prevent it from recurring and, where appropriate, make the victim whole by restoring any lost employment benefits or opportunities.

C. All responsible officers, supervisor and managers of the City should adhere to City policies and procedures, executive orders, and state, federal and local laws pertaining to prohibited workplace harassment. Failure to adhere to such policies, laws or executive orders shall be grounds for corrective action and/or discipline, which may include termination. In addition, such failure to adhere to the City's policies, procedures, executive orders, and state, federal and local laws pertaining to prohibited workplace harassment shall be noted in the employee's performance evaluation and shall make ineligible from consideration such employee for any of the following City programs: Performance Awards'; Annual Award; Service Award; and Suggestion Award.

D. In conducting investigations pursuant to this policy, responsible City officers, supervisor and managers should take into consideration the rights of represented employees to obtain union representation.

IV. EMPLOYEE RESPONSIBILITY

A. Employees are encouraged to promptly report incidents of harassment based on a person's race, color, religion, creed, sex, sexual orientation, national origin, ancestry, age, disability, marital status or political ideology, or that of his/her relatives, friends, or associates.

B. Employees should conduct themselves on the job in a manner appropriate to the work environment.

C. Adherence to City policies and procedures, executive orders, and state, federal and local laws is a required condition of employment.

V. IMPLEMENTATION

The Mayor has issued an Executive Order reaffinning the City's policy on prohibited workplace harassment and requiring all heads of departments to promulgate and implement rules and procedures consistent with applicable City ordinances and the attached "Procedures for Investigating and Resolving

Adopted by the City Council the 11th day of November, 1997, and signed by me in open session in authentication of its adoption this 11th day of November, 1997.

__________________________________
President Pro Tem of the City Council

Filed by me this 2nd day of December, 1997.

__________________________________
City Clerk

THE MAYOR CONCURRING:

__________________________________
Norman B. Rice, Mayor

(Seal)

I. DEFINITIONS

A. "Harassment" means verbal or physical conduct toward an individual because of his/her race, color, religion, creed, sex, sexual orientation, national origin, ancestry, age, disability, marital status or political ideology, or that of his/her relatives, friends, or associates, and that:

(a) has the purpose or effect of creating a hostile, intimidating or offensive work

(b) has the purpose or effect of unreasonably interfering with an individual's work

(c) otherwise adversely affects an individual's employment opportunities.

Harassment also includes sexual harassment which is defined as unwelcome advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

(a) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment;

(b) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or

(c) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.

Harassing conduct includes, but is not limited to:

(a) epithets, slurs, negative stereotyping including that of language or accents, or threatenirig, intimidating, or hostile acts that relate to race, color, religion, creed, sex, sexual orientation, national origin, ancestry, age, disability, marital status or political ideology; and

(b) written or graphic material that denigrates or shows hostility or aversion toward an individual or group because of race, color, religion, creed, sex, sexual orientation, national origin, ancestry, age, disability, marital status or political ideology, and that is placed on walls, bulletin boards, electronic bulletin boards, e-mail or elsewhere on the employer's premises, or circulated in the workplace.

Sexual harassment also includes, but is not limited to, sexual comments, innuendoes, displays or jokes, unwelcome invitations to sexual activity, unwelcome touches, pinches or hugs, pressure to engage in sexual activity as a condition of employment or promotion, and sexual assault.

In determining from the totality of the circumstances whether conduct is sufficiently severe or pervasive to create an intimidating, hostile, or offensive working environment, the conduct should be viewed from the perspective of a reasonable person of the alleged victim's race, color, religion, creed, sex, sexual orientation, national origin, ancestry, age, disability, marital.status or political ideology.

B. "Harassment complaint" means any oral or written complaint alleging an incident or a set or series of actions as defined in A above, made by an employee to a management representative; or information obtained by any management representative indicating the possible existence of harassment in the City's workplace.

C. "Department head" means, unless otherwise specified, directors of City departments, offices, superintendents, elected officials and all chief administrative officers with hiring authority.

D. "Management representative" means individuals who are responsible for managing, directing, or administering the affairs of a department and includes EEO Officers. This includes employees assigned on a temporary, acting, or out-of-class basis to any management position.

E. "Retaliation" means negative actions taken against an employee because she/he has complained about harassment, given a statement about harassment, or otherwise supported a harassment complainant. Retaliation can potentially include: transfers or discharges; changes in job duties, assignments, privileges, or performance evaluations; laughing at, ignoring, or failing to take seriously an employee who experiences harassment; acting in ways that blame the victi of harassment for causing the problem; continuing or escalating harassment behaviors after a co-worker has objected to that behavior.

F. "Workplace Intervention" means an individual or group meeting or brief series of meetings, conducted by a skilled facilitator approved and provided by the City, that is designed to help resolve workplace conflict generated by a harassment complaint and restore the work group and all affected parties to a productive working relationship. A workplace intervention is' not and shall not be used as an alternative to a harassment investigation.

G. "Elected Official" means the Mayor, City Council members, City Attorney and all Municipal Court Judges whether elected or appointed.

II. INFORMAL INQUIRIES ABOUT HARASSMENT

A. Harassment of an individual because of his/her race, color, religion, creed, sex, sexual orientation, national origin, ancestry, age, disability, marital status or political ideology, or that of his/her relatives friends or associates, is illegal conduct and a violation of City policy. The City encourages harassment victims to come forward and report instances of harassment. Harassraent will not be tolerated in the City's workplace. It is a serious employment matter that can impair employee productivity and morale.

The City has an affirmative legal obligation to investigate the existence of harassment in its workplace whenever it becomes aware of the possibility that harassment might be occurring. Because of this obligation, if a management representative, including an EEO Officer, becomes aware of theissible existence investigate the situation.

The City recognizes, however, that employees may need information and advice about their rights before they decide to make a complaint. Employees seeking only information or advice about their rights may informally discuss issues of harassment with a non-management representative in the City of Seattle Office of Civil Rights (hereafter "Office of Civil Rights") or the Affirinative Action Unit of the Executive Services Department, Personnel Division. Certain staff in these departments are trained to handle questions about the nature of harassment and will keep all inquiries in confidence to the extent that life or safety are not threatened. Such an informal inquiry does not *constitute a harassment complaint. Employees should be aware that discussing a harassment complaint with a management representative or EEO Officer in these departments will result in an investigation.

B. Informal inquiries about legal rights and agency procedures may also be made to the Office of Civil Rights, the Washington State Human Rights Commission, and the Equal Employment Opportunity Commission.

C. Employees may also seek confidential assistance, referral and counseling through the Employee Assistance Program (EAP) offered by the City. The EAP can offer referral to mental health counselors for employees wanting emotional support in dealing with problems of harassment. The EAP also can provide referral to an attorney for employees who want legal advice about harassment. Contacting the EAP or obtaining a referral from the EAP or discussing matters of harassment with an EAP referred counselor or attorney does not constitute a harassment complaint.

III. COMPLAINT REPORTING PROCEDURES

A. The City strongly encourages employees to report incidents of harassment. Employees should promptly report any complaints of harassment to a higher departmental authority. This will generally be the employee's immediate supervisor. If an employee's complaint is against his/her supervisor, or if an employee is uncomfortable discussing the complaint with his/her supervisor, an employee may contact the supervisor's supervisor, department EEO Officer, departmental personnel manager, or their management representative. Any official, supervisor or manager who receives a complaint of harassment shall, as soon as practicable, report such complaint to an appropriate City official.

B. Where the complaint is against a department head, other than an elected official, any management representative with whom such a complaint is filed should promptly notify the department director's appointing authority and the department's assigned representative in the Mayor's office.

C. Complaints of prohibited harassment against elected officials should be reported under the procedures outlined in Section V of this policy. Such complaints may also be filed with an enforcement agency such as the Washington State Human Rights Commission or the Equal Employment Opportunity Commission, or in a court of law.

D. An employee's complaint of harassment may be oral or written. It should include, where available, the following information: date(s) incident(s) occurred; name(s) of individual(s) involved; name(s) of witness(es); and a description of the incident(s). It may also include a statement of the desired remedy.

E. Some employees may also be able to use procedures in a collective bargaining agreement between their union and the City to complain about harassment.

F. Employees also have the right to consult with or file a complaint with the appropriate enforcement agency (Office of Civil Rights, Washington State Human Rights Commission, or the Equal Employment Opportunity Commission depending on the nature of the ,complaint) or to pursue other legal action. Enforcement agencies and courts have established time limits usually running from the date of the last harassment incident within which a complaint must be filed. Inquires about specific legal rights and agency procedures may be made to the Office of Civil Rights, the Washington State Human Rights Commission, and the Equal Employment Opportunity Commission.

IV. PROCEDURES FOR INVESTIGATING AND RESOLVING COMPLAINTS

A. The purpose of a complaint investigation is to gather all of the relevant facts in a fair and impartial manner. Investigations should be conducted promptly and thoroughly. If a complaining employee or alleged employee harasser raises a reasonable objection to the investigator assigned, the City will make a reasonable effort to assign the investigation to another EEO Officer or experienced investigator. The rights of both the complainant and alleged harasser shall be protected throughout the investigation. An investigation shall proceed until a resolution or determination is reached.

B. Upon receiving a harassment complaint or information alleging harassment, a management representative shall immediately notify the department head and EEO Officer that such a complaint has been filed. Where the complaint alleges harassment by a department head other than an elected official, then, instead of notifying the department head, the department director's appointing authority shall be notified immediately that a complaint has been filed. All complaints shall be taken seriously. Upon receipt of the complaint, a management representative shall not inject any subjective judgment or bias regarding the validity of the initial complaint.

C. The department EEO Officer or department designee shall be responsible for immediately commencing an investigation of the complaint and, where applicable, assessing the need to temporarily remove the parties, either the complainant or the alleged harasser, or both, may be moved, however, the complainant should not be given work or placed in a site that is in any way less desirable than his/her current position. Upon commencing an investigation, unless a delay is warranted by the investigator's reasonable concern for the safety of the complainant or witness, or reasonable concern for the integrity of an investigation, the investigator shall promptly notify the alleged harasser that a harassment complaint has been filed naming him or her and that it will be investigated.

In the case of a complaint against a department head, the alleged harasser shall be notified by the appointing authority that a harassment complaint has been filed naming him or her and that it will be investigated. In these circumstances, in order to ensure the impartiality of the investigation, the appointing authority may appoint an independent investigator who is not a City employee. If an independent investigator is appointed, such investigator shall be an attorney, a certified paralegal, or legal investigator and shall have at least three (3) years recent experience investigating harassment complaints.

An investigation shall be completed within sixty (60) calendar days from the receipt of the complaint or from the time that a management representative becomes aware that harassment may be occurring except, the time limit for completing an investigation may be extended up to a maximum of ninety (90) calendar days by the department head or, where appropriate, by the appointing authority, upon making a determination that additional time is necessary for a full and complete investigation of the complaint. The investigator should make reasonable efforts to keep the complainant and the alleged harasser informed about the status of the investigation.

D. The investigation shall include interviews with the parties, persons identified as witnesses, and any other person whom the investigator has reason to believe has infon-nation directly related to the investigation. The investigator shall review and assure compliance with any right to union representation of individuals, including the alleged harasser, who may reasonably assume disciplinary action may be taken based upon their statements in the investigation. All parties to an investigation shall be advised by the investigator that retaliation against anyone for filing a harassment complaint, or for testifying or assisting in an investigation may be against federal, state or City laws and shall not be tolerated.

E. Accurate detailed records of the investigation shall be maintained by the investigator. A written summary of the allegations, and findings of the investigation shall be provided to the complainant and to the. alleged harasser by the department head or, where appropriate, by the appointing authority.

F. If the complaint is substantiated, appropriate department staff in consultation with the investigat.0r, shall recommend immediate and appropriate corrective action, including disciplinary action against the harasser, to the department head. The department head, or his/her designee if appropriate, shall make the final determination regarding disciplinary action. Before making his/her final decision, the department head, or designee, shall ensure that the alleged harasser has been given the opportunity to review the results of the investigation, has been told of the evidence obtained, and has had an opportunity to provide the department head, or designee, with his/her response to the allegations. The department head, or designee, shall take into consideration the response given by the alleged harasser prior to taking final action on the complaint. Substantiated complaints shall be noted in the harasser's personnel file and referenom in the harasser's annual performance evaluation. In addition, the harasser shall be ineligible from consideration for receipt of performance pay, the Service Award Program, Suggestion Award Program, and the Safety and Performance Award Program.

G. If, during the course of the investigation, it is determined the complainant reported the allegation and/or complaint of harassment or discrimination to a City official, supervisor or manager and the official, and the supervisor or manager failed to promptly report the allegations and/or complaint to an appropriate City official, a separate investigation shall commence against the official, supervisor or manager. A substantiated complaint shall result in the department head taking appropriate corrective or disciplinary action. In addition, such substantiated complaint shall be noted in the employee's personnel file and referenced in the employee's annual performance evaluation. Any City official, super-visor or manager who fails to promptly report an allegation or complaint of harassment or discrimination shall be deemed ineligible from consideration for receipt of performance pay, the Service Award Program, Suggestion Award Program, and the Safety and Pei formance Award Program.

H. In cases where the complaint is against a department head, if the investigator finds that the complaint is substantiated, the investigator shall recommend immediate and appropriate correction action to the appointing authority. The appointing authority shall make the final determination regarding the appropriate action. Before making his/her final decision, the appointing authority shall ensure that the alleged harasser has been given the opportunity to review the results of the investigation, has been told of the evidence obtained, and has had an opportunity to provide the appointing authority with his/her response to the allegations. The appointing authority shall take into consideration the response given by the alleged harasser.

I. In all cases where the complaint is substantiated, the remedy shall be reasonably calculated to end the harassment, prevent it from recurring and, where appropriate, make the victim whole by restoring any lost employment benefits or opportunities.

J. For those departments with internal investigation procedures identified in the Seattle Municipal Code, such as the Police Department, the investigation process therein shall serve to satisfy this investigation and complaint resolution procedure. The department EEO Officer or other designated officer shall be notified of all complaints and given an opportunity to participate in the investigation process, or to make recommendations to the department head or other appropriate official based on a review of the investigatory findings.

K. After an investigation has been completed, or during the investigation if it would reasonably appear to be indicated, the investigator should make periodic inquiries of the complainant at a frequency and for whatever duration is necessary to ensure that the harassment has not resumed and that the victim has not suffered from retaliation.

L In all cases involving a harassment complaint other than those against a department head, after an investigation.has been concluded, the complainant shall have the additional right to ask the department head to have the City facilitate a workplace intervention. In cases where the department head determines that a workplace intervention would be beneficial for the complainant or affected work group, such intervention may be conducted to explore ftirther possibilities for resolving any workplace conflicts arising as a result of the harassment complaint and to help restore a productive work environment.

V. COMPLAINT AND INVESTIGATION PROCEDURES FOR ELECTED OFFICIALS

A. Harassment of an individual because of his/her race, color, religion, creed, sex, sexual orientation, national origin, ancestry, age, disability, marital status or political ideology, or that of his/her relatives, friends, or associates, is illegal conduct and a violation of City policy. The City encourages harassment victims to come forward and report instances of such harassment, and requires officials, supervisors and managers to promptly report any allegation or complaint of harassment to appropriate City officials. Harassment will not be tolerated in the City's workplace. It is a serious employment matter that can impair employee productivity and morale.

B. A harassment complaint against an elected official may be reported to the Executive Director of the Ethics and Elections Commission, Director of the Office of Civil Rights, or any other department director for the City. The management representative receiving such a complaint shall immediately notify the Director of the Ethics and Elections Commission. The Commission shall act as the preliminary investigating agency.

C. Upon receiving notice of a harassment complaint against an elected official, the Executive Director of the Ethics and Elections Commission shall promptly interview the complainant and conduct a sufficient preliminary investigation to determine whether there is a legal and factual basis for the complaint. If the Director finds the complaint lacks a legal or factual basis then the Director shall notify the complainant that the complaint will be closed.

D. If the Director finds the complaint has a legal and factual basis, then, if not already notified, the Director shall notify the elected official and advise the official of the nature of the complaint. Tbe Director shall attempt to resolve the complaint. If both the complainant and the charged official agree to a resolution, then consistent with the limits of the City Charter and ordinances, the Director shall be empowered to effect the agreed remedy and close the complaint, provided that the agreed remedy shall be reasonably calculated to end the harassment, prevent it from recurring and, where appropriate, make the victim whole by restoring any lost employment benefits or opportunities. Provided further, that prior to implementation, the Director shall obtain the concurrence of the director of any department affected by the proposed settlement.

E. If resolution of the complaint cannot be achieved, then the Director shall convene a presiding officers' committee consisting of the Mayor, President of the City Council and Presiding Municipal Court Judge, except for the officer from the department whose elected member is the subject of the complaint. The department who elected member is the subject of the complaint shall not participate in this committee. In the event a complaint is against an official other than the CiVE Attorney, the two members of the presiding officers committee shall select a third person to serve with them on the committee.

F. Upon being notified of a harassment complaint against an elected official, the chief presiding officers' committee shall promptly select an investigator or agency to investigate the complaint. The investigator or agency selected shall not be an officer, employee or agency of the City of Seattle and shall have experience investigating harassment complaints.

G. The investigator shall conduct a reasonable investigation to determine whether harassment occurred and what might be an appropriate remedy. The investigator shall provide to the presiding officers' committee a written report detailing his/her findings and conclusions about whether harassment occurred and recommending an appropriate remedy.

H. The presiding officers' committee shall consider the findings and is empowered to prescribe and effect an appropriate remedy.

I. If the appropriate remedy includes a recommendation of suspension or removal of the charged official, then the presiding officers' committee shall forward such recommendation to the City Council for action consistent with the City Charter Article V, Sec. 10; Article XIX, Sec. 7 and 8. If the complaint is against a Municipal Court Judge, the committee shall refer its recommendation for suspension or removal to the Commission on Judicial Conduct or any similar successor agency.

J. In all cases where the complaint is substantiated, the remedy shall be reasonably calculated to end the harassment, prevent it from recurring and, where appropriate, make the victim whole by restoring any lost employment benefits or opportunitieR

K. To the extent that it does not hinder the investigation or resolution of the complaint and is permitted under law, management representatives and any independent investigator for the City shall maintain the confidentiality of a harassment complaint. No person shall be retaliated st for makin corn laint or for cooperat in the investi t*on of a coglaint.