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RESOLUTION NO. 94-08 A RESOLUTION OF THE CITY OF MOSCOW, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, STATING THE POLICY OF THE CITY TO PROTECT ITS EMPLOYEES AND THE PUBLIC AGAINST SEXUAL HARASSMENT IN THE WORKPLACE AND INSTITUTING A POLICY AGAINST THE INCIDENCE OF SUCH SEXUAL HARASSMENT TO BE INTEGRATED INTO THE PERSONNEL POLICIES OF THE CITY AND ADOPTING AN EFFECTIVE DATE. WHEREAS, the City of Moscow has continuously rejected discrimination and harassment in all forms; and, WHEREAS, the City of Moscow recognizes that sexual hamssment in the workplace is a nationwide problem; and, WHEREAS, the City of Moscow recognizes that such sexual harassment m the workplace is illegal and contrary to the existing policies of the City; and, WHEREAS, it is the policy of the City of Moscow that all employees arc entitled to work in an environment free from all forms of discrimination, including sexual harassment. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MOSCOW AS FOLLOWS: 1. That the City hereby adopts the attached Sexual Harassment policy and directs that it be made a part of the Personnel Policy of the City, and that all employees of the City are heretofore directed to comply with such policy. 2. That such policy be effective from the date of adoption of this resolution. PASSED by the City Council and APPROVED by the Mayor this 16th day of Ma , 1994 ATTEST: Elaine Russell, City Clerk ---PAGE BREAK--- SEXUAL HARASSMENT It is the policy of the City of Moscow to promote a productive work environment and not to tolerate verbal or physical conduct by any employee which harasses, disrupts, or interferes with another's work performance or which creates an intimidating, offensive, or hostile environment. Sexual harassment is illegal and contrary to the policies of the City of Moscow. Sexual harassment does not refer to casual conversation or compliments of a socially acceptable nature. It refers to behavior which is not welcome and which is personally offensive, interfering with effectiveness or creating uneasiness on the job. It involves making unwelcome sexual advances or requests for sexual favors or other verbal or physical conduct of a sexual nature a condition of employment, or making submission to or rejection of such conduct the basis of employment decisions, or creating an intimidating, offensive, or hostile working environment by such conduct. The following are examples of prohibited sexual harassment: • VERBAL - Sexual innuendo, sexually suggestive comments, insults, jokes of a sexual nature, or sexual proposals. • NON-VERBAL - Making suggestive or insulting noises, leering, whistling, making sexually-related gestures, posting sexually explicit posters, pictures, or drawings. • PHYSICAL- Unwelcome touching, pinching, brushing the body, coercing intimate contact or sexual intercourse, or assault. This list is not all-inclusive. Any conduct which might be deemed offensive by a member of the opposite or same sex should be avoided. Any employee who believes he or she has been the subject of sexual harassment or intimidation on the job should report the alleged conduct immediately. All employees arc entitled to feel as safe and comfortable as possible when an issue of harassment arises. To that end employees may report such incidents to their department representative on the Employee Personnel Advisory Committee who will immediately notifY the Director of Human Resources. Complaints may also be reported to the Employee's Supervisor, Department Head, Human Resources Director, or City Supervisor. All such complaints will be and fairly investigated by the Human Resources Director and, where appropriate, immediate corrective action will be taken. To the highest degree possible, allowing for a fair investigation, all such complaints will be treated in the strictest ---PAGE BREAK--- confidence. Employees shall not be retaliated against because they have made complaints of sexual harassment. Any employee found by the City of Moscow to have sexually harassed another employee will be subject to appropriate disciplinary sanctions ranging from a written warning to termination. The City of Moscow recognizes that whether sexual harassment has occurred requires factual determination based upon all evidence bearing upon the issue. Allegations of sexual harassment are serious and should not be raised frivolously. All employees arc requested to follow the reporting procedure set forth in this policy and arc required to maintain confidentiality in all matters pertaining to claims of sexual harassment. Sexual harassment will not be tolerated in the City of Moscow workplace. The City encourages individuals who believe they have been subjected to sexual harassment to report the incident so that a rapid response and appropriate action may be taken.