11- RESOLUTION AND REVISED POLICY ON HARASSMENT IN THE WORK PLACECITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Originating Department:
Presented By:
Agenda Item No.:
04/5/11
Council Date:
Interim City Manager
Gene Anderson
11.
04/11/11
RECOMMENDED MOTION:
Motion to approve a revised personnel policy addressing harassment in the work place.
POLICY ISSUE(S):
Personnel
BACKGROUND:
Based on City Council input at the last meeting, a revised policy dealing with harassment in work place
is presented for the Council's approval. When approved, the Manager will incorporate the revisions into
the City's personnel policies.
BOARD/COMMISSION RECOMMENDATION:
EXHIBITS:
Resolution and revised policy.
ACTION:
BUDGET INFO:
❑ Financial Report Z Minute Order
Expense
$
❑ Department Report ❑ Resolution
Budgeted Amt.
$
❑ Presentation ❑ Ordinance
Y7'D Actual
$
❑ Public Hearing ❑ Other
Acct. Name
Acct. Number
FISCAL NOTES:
REVIEWED AND APPROVED BY:
Z Administration Z City Clerk ❑ EMS/IT ❑ Engineering, Planning, & Community Development
❑ Finance ❑ Fire ❑ Municipal Court Z Legal ❑ Library ❑ Police ❑ Public Works ❑ Utilities
City of Paris ~ 37 Revised 2/04/08
RESOLUTION N0.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
ADOPTING AND APPROVING A NEW SECTION 2- EQUAL OPPORTUNITY
& HARASSMENT POLICY TO THE CITY OF PARIS' PERSONNEL POLICIES
AND PROCEDURES MANUAL TO ADDRESS ALL FORMS OF UNLAWFUL
HARASSMENT IN THE WORKPLACE AND TO ADOPT PROCEDURES TO
IMPLEMENT THIS POLICY; MAKING OTHER FINDINGS AND PROVISIOIVS
RELATED TO THE SUBJECT; AND PROVIDWG AN EFFECTIVE DATE.
WHEREAS, the City of Paris is an equal opportunity employer; and
WHEREAS, employment discrimination on the basis of race, color, religion, sex,
national origin, age, disability or any other legally protected characteristic is prohibited;
and
WHEREAS, city employees are entitled to a workplace free of unlawful harassment
and harassment of any nature when based on race, color, religion, sex, national origin, age
disability or any other legally protected characteristic should not be tolerated; and
WHEREAS, the City Council of the City of Paris, Texas hereby finds that it is in the
best interest of the City of Paris, it's employees and its citizens to adopt new policies and
procedures for addressing all forms of unlawful harassment in the work place; and
WHEREAS, the City Council hereby authorizes and directs the City Manager to
amend Section 2-Equal Opportunity of the City's Personnel Policies and Procedures Manual
to incorporate the new policies and procedures regarding unlawful harassment in the
workplace as set forth in Exhibit "A" attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS, THAT:
Section 1. That the findings set out in the preamble to this resolution are hereby in
all things approved.
Section 2. That the City Council does hereby approve and adopt the new policies
and procedures addressing unlawful harassment in the workplace as set out in the revised
Section 2- Equal Opportunity & Harassment to the City of Paris' Personnel Policies and
Procedures Manual, attached hereto and incorporated herein as Exhibit "A."
Section 3. This resolution shall be effective
PASSED AND APPROVED this 11th day of April, 2011.
Will Biard, Mayor
38
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
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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
jokes or stories, making sexual innuendos, spreading rumors about a person's sex life,
continuous staring at someone, obscene gestures, blocking a person's path, invading a person's
body space, brushing up against a person, and massaging a person's neck, or other similar
activity.
SECTION 2.023 Racial Harassment and Other Illegal Harassment
In addition to the City's prohibition against sexual harassment, harassment on the basis of any
other legally protected characteristic is also strictly prohibited. This means that verbal or
physical conduct that singles out, denigrates, or shows hostility or aversion toward someone
because of race, color, religion, sex, age, national origin, disability, or any other characteristic
protected by law is also prohibited. Prohibited conduct includes, but is not limited to, epithets,
slurs and negative stereotyping; threatening, intimidating, or hostile conduct; denigrating jokes
and comments; and writings or pictures, that singles out, denigrates, or shows hostility or
aversion toward soineone on the basis of race, color, religion, sex, age, national origin, disability,
or any other characteristic protected by law. Conduct, comments, or innuendoes that may be
perceived by others as offensive are wholly inappropriate and are strictly prohibited. This policy
also prohibits sending, showing, sharing, or distributing in any form, inappropriate jokes,
pictures, comics, stories, etc., including but not limited to via electronic or digital communication
such as cell phone, instant messaging, text, tweets, e-mail, social networking sites and other
Internet transmissions.
SECTION 2.024 - Responsibility of Department Heads/ManaEers/Supervisors
All department heads, managers and supervisors are expected to address and correct unlawful
harassment in the workplace. Any empioyee with supervisory or managerial responsibility who
becomes aware of unlawful harassment in the workplace must take corrective steps whether or
not a formal complaint has been filed and must report all incidents of unlawful harassment to the
Human Resources Officer. Managers who fail to properly address unlawful harassment in the
workplace may be disciplined up to and including termination of employment. It is the ongoing
responsibility af department heads, managers and supervisors to monitor work areas for unlawful
harassment and to timely implement the City's policy against unlawful harassment.
SECTION 2.025 - Responsibilitv of Emplovees; Discipline for Violation of this Policv
The City does not tolerate any form of unlawful harassment. Employees are to refrain from
engaging in any fonn of unlawful harassment with co-workers, subordinates, citizens,
contractors, vendors or any other third-party that they come into contact with as part of their
employment with the City of Paris. Employees who are found to have engaged in unlawful
harassment will be disciplined. For a first verified violation of this Policy, the offending
etnployee will be suspended without pay for a minimum of three days. The minimum
punishment does not preclude the Departinent Head and/or City Manager from imposing
stronger disciplinary action, up to and including termination of employment for a first offense, if
the offense merits stronger disciplinary action. A second verified violation of the City's anti-
harassment policy by the same employee will result in termination of employment.
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Employees who feel they are being unlawfully harassed should contact the Human Resources
Officer immediately or as soon as possible. An employee shall report a claim of unlawful
harassment to the City's Human Resources Ufficer as soon as possible, but in no event later than
180 days following the date of incident. Complaints of unlawful harassment received by a
supervisor at any level should be forwarded to the Human Resources Officer or designee as soon
as possible but in no event later than three (3) business days of the complaint being filed. It is not
required that the employee follow the chain of command in issues related to illegal harassment.
City management will investigate all clairris of harassment with a goal of completing the
investigation in thirty (30) days or less. Provided, however, should the investigation take longer
than thirty (30) days to complete, the City%Manager shall notifv the City Council of the reasons
for needing additional time to complete said investigation.
SECTION 2.03 - Complaint Process
The City requires that employees report all incidents of discrimination, harassment and
retaliation, regardless of the offender's identity or position. While not all incidents of harassment
violate the law, the City's policy is to discourage and correct harassment and other inappropriate
conduct long before it gets to that point. Any employee who observes or otherwise learns of
possible harassment in the workplace or who feels that he or she has been subjected to conduct
prohibited by this policy must report it immediately to their Department Director, the Human
Resources Officer and/ar the City Manager.
Employees who desire to file a written complaint should complete a Grievance/Complaint fonn
and submit same to the Human Resources Officer or designee (See Attachment 5 of the
Personnel Policy book).
Investigation. All reports of conduct in violation of the City's anti-harassment policy will
be investigated promptly by the Human Resources Officer. The investigation may include
individual interviews with the parties involved and, where necessary, with individuals who may
have other relevant knowledge. All employees are required to cooperate with the investigation.
The investigation of the alleged harassment will be treated as confidential to the extent permitted
by law.
Retaliation Prohibited. Retaliation against employees because they made a good faith charge
or report of prohibited conduct or because they assisted in a complaint investigation is
prohibited.
Resaonsive Action. The City takes violations of its harassment policy very seriously.
Misconduct will be dealt with appropriately. Discipline, up to and including termination of
employment will be imposed upon any employee who is found to have violated this policy.
Likewise, disciplinary action will be imposed in situations where claims of prohibited conduct
were fabricated or exaggerated or where an employee does not cooperate in an investigation.
titi
Grievance/Complaint Form
Name of Complainant:
Classification:
Hire Date:
Basis of Complaint:
Date of Incident:
Name of Respondent:
(Pei•son who is being complained
agarnst)
Provide details of your complaint:
Remedial action sought:
Signature of Complainant
Date
Signature of HR Director or Designee Date Received
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