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HomeMy WebLinkAbout004-R-19 Amending the City of Evanston Sexual Harassment Policy1/7/2019 4-R-19 A RESOLUTION Amending the City of Evanston Sexual Harassment Policy WHEREAS, the Illinois General Assembly enacted Public Act 100-0554, an Act that required each governmental unit to adopt an ordinance or resolution establishing a policy to prohibit sexual harassment; and WHEREAS, on January 8, 2018, the City Council adopted Resolution 1-R- 18 which adopted The City of Evanston Sexual Harassment Policy; and WHEREAS, the Illinois General Assembly recently enacted Public Act 100-1066 which expanded the time to file charges of discrimination with the Illinois Department of Human Rights from 180 days to 300 days; and WHEREAS, the attached policy is revised to omit the specific reference to a filing period, which removes necessary future amendments if the filing period is amended again and simply states that the claimant needs to consult the appropriate statutes; and WHEREAS, all prior existing sexual harassment policies of the City of Evanston shall be superseded by the Sexual Harassment Policy adopted by this Resolution, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS THAT: SECTION 1: The City Council hereby adopts the City of Evanston Sexual Harassment Policy attached as Exhibit A. 4-R-19 SECTION 2: This Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. SECTION 3: If any section or provision of this Resolution or the adopted Policy Prohibiting Sexual Harassment is declared to be invalid, that decision shall not affect the validity of this Ordinance or adopted Policy Prohibiting Sexual Harassment as a whole or any part thereof, other than the part so declared to be invalid. 4Sephen--H--!H-age rty, o Attest: Approved as to form: Devon Reid, City Clerk Michelle L. Masoncup, Co ration Counsel Adopted: -)QhWr� , 2018 -- 4-R-19 EXHIBIT A The City of Evanston Sexual Harassment Policy -3- "s 01V "f Evanston CITY OF EVANSTON POLICY PROHIBITING SEXUAL HARASSMENT I. PROHIBITION ON SEXUAL HARASSMENT It is unlawful to harass a person because of that person's sex. The courts have determined that sexual harassment is a form of discrimination under Title VII of the U.S. Civil Rights Act of 1964, as amended in 1991. All persons have a right to work in an environment free from sexual harassment. Sexual harassment is unacceptable misconduct which affects individuals of all genders and sexual orientations. It is a policy of the City of Evanston to prohibit harassment of any person by any City official, agent, or employee on the basis of sex or gender. All City officials, agents, or employees are prohibited from sexually harassing any person, regardless of any employment relationship or lack thereof. II. DEFINITION OF SEXUAL HARASSMENT This policy adopts the definition of sexual harassment as stated in the Illinois Human Rights Act, which currently defines sexual harassment as: Any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when: (1) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (2) Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) Such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment. Conduct which may constitute sexual harassment includes, but is not limited to: • Verbal: sexual innuendos, suggestive comments, insults, humor, and jokes about sex, anatomy or gender -specific traits, sexual propositions, threats, repeated requests for dates, or statements about other employees, even outside of their presence, of a sexual nature. • Non-verbal: suggestive or insulting sounds, whistling, leering, obscene gestures, sexually suggestive bodily gestures, "catcalls," "smacking" or "kissing" noises. • Visual: posters, pictures, signs, drawings, pin-ups or slogans of a sexual nature, viewing pornographic material or websites. • Physical: touching, unwelcome hugging or kissing, pinching, brushing the body, patting, any coerced sexual act or actual assault. • Textual/Electronic: "sexting" (electronically sending messages with sexual content, including pictures and video), the use of sexually explicit language, harassment, cyber stalking and threats via all forms of electronic communication (e-mail, text/picture/video messages, intra net/on -line postings, blogs, instant messages and social network websites like Facebook and Twitter). 1 The most severe and overt forms of sexual harassment are easier to determine. On the other end of the spectrum, some sexual harassment is more subtle and depends, to some extent, on individual perception and interpretation. The courts will assess sexual harassment by a standard of what would offend a "reasonable person." Ill. PROCEDURE FOR REPORTING AN ALLEGATION OF SEXUAL HARASSMENT An employee who either observes sexual harassment or believes herself/himself to be the object of sexual harassment should deal with the incident(s) as directly and firmly as possible by clearly communicating her/his position to the offending person and her/his immediate supervisor. It is not necessary for sexual harassment to be directed at the person making the report. Any employee may report conduct which is believed to be sexual harassment, including the following: • Electronic/Direct Communication. If there is sexual harassing behavior in the workplace, the harassed employee should directly and clearly express her/his objection that the conduct is unwelcome and request that the offending behavior stop. The initial message may be verbal. If subsequent messages are needed, they should be put in writing in a note or a memo. Contact with Supervisory Personnel. At the same time direct communication is undertaken, or in the event the employee feels threatened or intimidated by the situation, the problem must be promptly reported to the immediate supervisor of the person making the report, a department head, human resources, an ethics officer, or the City Manager. The employee experiencing what he or she believes to be sexual harassment must not assume that the employer is aware of the conduct. If there are no witnesses and the victim fails to notify a supervisor or other responsible officer, the City will not be presumed to have knowledge of the harassment. • Resolution Outside City. The purpose of this policy is to establish prompt, thorough and effective procedures for responding to every report and incident so that problems can be identified and remedied by the City. However, all City employees have the right to contact the Illinois Department of Human Rights (IDHR) or the Equal Employment Opportunity Commission (EEOC) for information regarding filing a formal complaint with those entities. Emolovees can contact these asencles for specific filine timelines and other procedural questions. AR WHR eempW44 mu-st -he filed viithii; 3-2-0- days ef the alleged 7,*- it 3 EBMIRUiRe AUPAci% -A Documentation of any incident may be submitted with any report (what was said or done, the date, the time and the place), including, but not limited to, written records such as letters, notes, memos and telephone messages. All allegations, including anonymous reports, will be accepted and investigated regardless of how the matter comes to the attention of the City. However, because of the serious implications of sexual harassment charges and the difficulties associated with their investigation and the questions of credibility involved, the claimant's willing cooperation is a vital component of an effective inquiry and an appropriate outcome. 2 IV. PROHIBITION ON RETALIATION FOR REPORTING SEXUAL HARASSMENT ALLEGATIONS The City shall not take any retaliatory action against any City employee due to the employee's: 1. Disclosure or threatened disclosure of any violation of this policy, 2. The provision of information related to or testimony before any public body conducting an investigation, hearing or inquiry into any violation of this policy, or 3. Assistance or participation in a proceeding to enforce the provisions of this policy. For the purposes of this policy, retaliatory action means the reprimand, discharge, suspension, demotion, denial of promotion or transfer, or change in the terms or conditions of employment of any employee that is taken in retaliation for the employee's involvement in protected activity pursuant to this policy. No individual making a report will be retaliated against even if a report made in good faith is not substantiated. In addition, any witness will be protected from retaliation. Pursuant to the Whistleblower Act (740 ILCS 174/15(a)), an employer may not retaliate against an employee who discloses information in a court, an administrative hearing, or before a legislative commission or committee, or in any other proceeding, where the employee has reasonable cause to believe that the information discloses a violation of a State or federal law, rule, or regulation. In addition, an employer may not retaliate against an employee for disclosing information to a government or law enforcement agency, where the employee has reasonable cause to believe that the information discloses a violation of a State or federal law, rule, or regulation. (740 ILCS 174/15(b)). According to the Illinois Human Rights Act (775 ILCS 5/6-101), it is a civil rights violation for a person, or for two or more people to conspire, to retaliate against a person because he/she has opposed that which he/she reasonably and in good faith believes to be sexual harassment in employment, because he/she has made a charge, filed a complaint, testified, assisted, or participated in an investigation, proceeding, or hearing under the Illinois Human Rights Act. An employee who is suddenly transferred to a lower paying job or passed over for a promotion after filing a complaint with IDHR or EEOC, may file a retaliation charge — due iNit iR 189 ,,@YS flnuo) BF 399 days (699G) of the alleged rptaus.:.,.. Similar to the prohibition against retaliation contained herein, the State Officials and Employees Ethics Act (5 ILCS 430/15-10) also provides whistleblower protection from retaliatory action such as reprimand, discharge, suspension, demotion, or denial of promotion or transfer that occurs in retaliation for an employee who does any of the following: 1. Discloses or threatens to disclose to a supervisor or to a public body an activity, policy, or practice of any officer, member, State agency, or other employee that the employee reasonably believes is in violation of a law, rule, or regulation, 2. Provides information to or testifies before any public body conducting an investigation, hearing, or inquiry into any violation of a law, rule, or regulation by any officer, member, State agency or other employee, or 3. Assists or participates in a proceeding to enforce the provisions of the State Officials and Employees Ethics Act. 3 V. CONSEQUENCES OF VIOLATION OF THE PROHIBITION ON SEXUAL HARASSMENT Any person who violates this policy or the Prohibition on Sexual Harassment shall be subject to disciplinary action, up to and including termination, in addition to any and all other discipline that may be applicable pursuant to City policies, employment agreements, procedures, employee handbooks and/or collective bargaining agreements. Each violation may constitute a separate offense. Any discipline imposed by the City shall be separate and distinct from any fines, damages, or penalties imposed by a court of law or a State or Federal agency. Vl. CONSEQUENCES FOR KNOWINGLY MAKING A FALSE REPORT A false report is a report of sexual harassment made by an accuser using the sexual harassment report to accomplish some end other than stopping sexual harassment or retaliation for reporting sexual harassment. A false report is not a report made in good faith which cannot be proven. Given the seriousness of the consequences for the accused, a false or frivolous report is a severe offense that can itself result in disciplinary action, up to and including termination. Any person who intentionally makes a false report alleging a violation of any provision of this policy shall be subject to discipline or discharge pursuant to applicable City policies, employment agreements, procedures, employee handbooks and/or collective bargaining agreements. Eff. 1' 1 14 19 4