11- RESOLUTION AND REVISED POLICY ON HARASSMENT IN THE WORK PLACE

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SECTION 2- EQUAL OPPORTUNITY & HARASSMENT SECTION 2.01 - Equal Opportunity Emplover In compliance with the state and federal laws including Title VII of the Civil Rights Act of 1964 and the American with Disabilities Act of 1991, the City is an equal opportunity employer. No person shall be discriminated against because of race, color, religion, sex, age national origin, disability or any other characteristic protected by law. Disqualification on the basis of physical requirements is prohibited unless such disqualification constitutes a bona fide occupational qualification or essential function necessary to proper and efficient administration of a job. Employees or applicants, who need reasonable accommodations due to a disability or feel they have been the subject of discrimination, should discuss these circumstances with their Department Head and/or the Human Resources Officer. SECTION 2.02 - lllegal Harassment All city employees are entitled to a workplace free of unlawfu] harassment by management, supervisors, co-workers, citizens and vendors. City employees are also prohibited from discriminating against or harassing citizens, vendors, and other third parties. Harassment of any nature, when based on race, color, religion, sex, age, national origin, disability or any other characteristic protected by law will not be tolerated. SECTION 2.021- Sexual Harassment The City of Paris is committed to maintaining a work environment free from sexual harassment for all employees. Business decisions regarding employment, transfers, promotions, discipline or tenninations based on an employee's submission or refusal of sexual advances will not be tolerated. SECTION 2.022 - Defmition Sexual harassment is a form of gender-based discrimination prohibited by Title VII of the Civil Rights Act of 1964. Sexual harassment is, as defined by the Equal Employment Opportunity Commission, "unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when submission to the conduct enters into employment decisions and/or the conduct unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment." The two most common forms of sexual harassment are "yuid pro yuo" and "hostile work environment." Quid pro quo harassment forces an employee to choose between the job and the demands being made by the harasser. Hostile work environment harassment occurs when there is a repeated pattern of verbally abusive, threatening, crude, impolite or various other types of unprofessional conduct that impairs an employee's ability to perform a job. Examples of behavior that may be considered sexual harassment are: e-mails or text messages that contain sexually explicit or vulgar demeaning information based on gender, telling sexual EXHIBIT 40