COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: GeneralandSexualHarassmentPolicy
POLICY -
EFFECTIVE
NUMBER DATE PAGE
662- 05 02- 09- 93 1 of
ADOPTED BY: Resolution No. 16983 1DATED: 02 - 09 -
AMENDED BY: Resolution No. ( date of resolution)
City of Chula Vista
GENERAL AND SEXUAL HARASSMENT POLICY
POLICY DISCI iSSION
The City of Chula Vista is committedto maintaininga workplaceenvironmentfree from all forms of discrimination and harassmentincluding sexualharassment. The purposeof this written policy statement is to familiarize employees and supervisors with the legal and moral parameters of harassment. Harassment is not only illegal, it creates a negative work environment that reduces productivity and morale, undermines the integrity of the workplace and destroys professionalism. It is the legalright of every employeeto be able to work in a placethat is free from discrimination andharassment. It is theduty of all employeesto abideby thispolicy andtheduty of all supervisors andmanagersto implementthis policy to avoidunnecessarylegalandpersonalconflicts.
BACKGROUN- D
The legal framework on which the Courts have basedtheir decisionsregarding harassmentare founded upon Federal and State Laws entitling citizens to civil rights. Specifically, Title VII of the Civil Rights Act of 1964, Section 703, the Americans with Disabilities Act of 1990, California Government Code' Sections 12940 & 12921, Labor Code Section 1102. 1, and other pertinent references clearly state that harassment including sexual harassment, which is a form of discrimination, is in violation of an individual' s civil rights; therefore, illegal. The impact of enforcement of these laws has mandated employers to develop, implement, and enforce a progressive policy statement prohibiting harassmentin order to receive funding and/or avoid costly litigation proceedings.
RF. FF, RFNCFC
Title VII of the Civil Rights Act of 1964, Section 703
EEOC Final Guidelines
California Administrative. Code, Title 2, Section 7282. 6 California Government Code Sections 12940, 12921, and 11135 Americans with Disabilities Act, 1990 (effective January. 26, 1992) Labor Code Section 1102. 1
POLICY STATEMENT
S.
COUNCIL POLICY
i
CITY OF CHULA VISTA
SUBJECT: GeneralandSexualHarassmentPolicy PPOLICY EFFECTIVE
NUMBER DATE PAGE
662- 05 02- 09- 93 2 of 5
ADOPTED BY: Resolution No. 16983 DATED: 02- 09- 93
AMENDED BY: Resolution No. ( date of resolution)
It is the policy of the City of Chula Vista that no officer or employee shall engage in discrimination, including harassment, based on an employees age ( over 40), race, national origin, religious creed, color, creed, medical condition, disability, sex, and/ or sexual orientation. The employees of this city have the legal right to work in a discrimination - free environment.
GENERAL HARASSMENT
Harassment is defined as unsolicited and unwelcome behavior based on a protected class such as race, religious creed, color, sex, national origin, creed, medical condition, disability, age (over 40), or sexual orientation which can be, but not limited to, written, verbal, visual or physical behaviors.
Thesebehaviorscanbe directedat a specificemployeeor their family member(s). Thesebehaviors canalsobe directedat one individualbut offend another. Or thesebehaviorsmay not be directedat any individual in the workplace but their presence is offensive to one or more co-workers. Such behaviors include:
1. Verbalharassment, e.g., epithets, derogatorycomments, slurs, jokesor degradingwordsused to describe an individual or a protected class;
2.Physicalharassment, e.g., assault, unwantedtouching, impedingor blockingmovement, or any physical interference with normal work or movement;
3. Visual forms of harassment, e.g., derogatory posters, cartoons or drawings;
4. Excludingor ostracizinganemployeebasedonrace, religion, color, sex, creed, disability, age and/ or sexual orientation.
SE. XTTAT. HARASSMENT
Sexual harassmentis a violation of Section 703 of Title VII of the Federal Civil Rights Act of 1964 and the Stateof California Government Code Section 12940. Unwelcome sexual advances, requests for sexualfavors, andother verbal, visual or physicalconductof a sexualnatureconstitutesexual harassment when:
1.Submissionto such conduct is made explicitly or implicitly as a term or condition of an individual' s employment;
2.Submissionto or rejection of such conduct by an individual is usedasthe basis for employment decisionsaffecting that individual; or
E
COUNCIL POLICY
CITY OF CHULA- VISTA
SUBJECT: Generaland SexualHarassmentPolicy- POLICY EFFECTIVE
NUMBER DATE PAGE
662- 05 02- 09- 93 3 of 5
ADOPTED BY: Resolution No. 16983 DATED: 02- 09- 93
AMENDED BY: Resolution No. ( date of resolution)
3.Such conduct affects or has the potential to affect an individual' s work performanceor createsan intimidating, hostile, or offensiveworkingenvironment.
For the purpose of further clarification, sexual harassmentincludes but is not limited to:
I. Sexually suggestive or obscene letters, notes, or invitations;
2. Sexuallyderogatorycomments, suchassexualjokes, remarks, questions, teasing, leering, or gestures;
3. Touching, patting, pinching, impeding or blocking movement;
4. Sexually suggestive objects, such as pictures, cartoons, posters;
5. Continuanceof expressingsexualinterestafter beinginformedthatthe interestis unwelcome;
6. Requesting sexual favors as a condidition of employment;
7.Engaging in implicit or explicit coercive sexual behavior which is used to control, influence or affect the career, salary and/ or work environment of another employee;
8. Engaging in harasment of an employee due to their sexual orientation.
COMPLAINT PRtlt` FSS
If an employeebelievesthat they havebeen subjectto any form of harassmentincluding sexual harassmentor are being discriminatedagainstbasedon the Stateand/or Federallaws previously cited, they have the right to file a formal or informal complaint. Before a complaint is filed, it is recommended . that the violated employee acknowledge to the harasser that their behavior is offensive, unwantedor derogatory. If harassmentcontinuesto persist, a complaint with the City should then be filed.
An employee also has the right to file a complaint of discrimination with the California Department of Fair Employment and Housing whether or not they have filed a complaint with the City.
Complaints must be made within ( 1) one year of the harassment. To file a complaint, either call 800) 884- 1684 or file a complaint in person at 350 West Ash Street, Room 950, San Diego. The complainant, as well as other employees who support the complainant, are protected against any rPtaliatnry artinn ctrmmino frnm the Pmmnlaint ThncP PmnlnvPPc invnlvPrl in anv rPtaliatnr evPntc
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: GeneralandSexualHarassmentPolicy
POLICY EFFECTIVE
NUMBER DATE PAGE
662- 05 02709- 93 4 of 5
ADOPTED BY: Resolution No. 16983 1DATED: 02- 09- 93
AMENDED BY: Resolution No. ( date of resolution)
will be subject to disciplinary action.
The City of Chula Vista will enforce disciplinary action against any person that violates this policy.
This discipline can include termination.
COMPLAINT PRnf FDURF.
Informal PrnraAurr
Theallegationof generalor sexualharassmentshouldbe discussedwith any of the following at the complainants choice: the complainant' s supervisor, Department Head, the Assistant Director of HumanResources, the Director of Human Resources, a Deputy City Manageror AssistantCity Manager. The complainant' s supervisor and/ or Department Head shall be informed and meet with the complainant in an attempt to resolve the complaint at the departmental level. This should be donewithin a reasonableperiod of time from whenthe incidenceor action affectingthe employee occurred. If the complainantis not satisfiedwith the resultsof the informal procedure, they may initiate the formal procedure.
Formal Prorednre
Step -1
The complainant shall file a written or verbal complaint with the Director of Human Resources. The Director of Human Resources, upon receipt of the complaint, will inform the appropriate Department Head and supervisor of the allegation. The Director of Human Resources, within (' 10) ten working days, will assemblea factfinding committeeto reviewthecomplaint. The fact finding committeewill includeaHumanResources Departmentrepresentativeandanappointeeof theCity Manager. The investigationprocessshallbeconducted in a timely manner.
The complaint will be reviewed to:
1. Determine applicable legal basis of the complaint.
2. Determine if sufficient groundsexist to substantiatethe validity of the complaint, which includesinterviewingthe complainant, allegedharasser, witnessesand any other individual who mayhaverelevantinformationsubstantiatingor refuting theallegation.
StT
Upon the completion of the investigation, all parties involved will be informed of the findings within ( im tan wnrlrina riavc Thr fart - finding rnmmittrr will rannrt tha racnitc of thrir 1 COUNCIL POLICY
CITY OF CHULA VISTA -
SUBJECT: _ GeneralandSexualHarassmentPolicy POLICY EFFECTIVE
NUMBER DATE PAGE
662- 05 02- 09- 93 5 of
ADOPTED BY: Resolution No. 16983 DATED: 02- 09- 93
AMENDED BY: Resolution No. ( date of resolution)
investigationto the Director of Human Resources, the DepartmentDirector, the complainantand the alleged harasser. If the investigation does not.yield sufficient -evidenceto substantiatethe allegation, all parties involved will be notified of the findings and the casewill be terminated at this step.
step -3
If it is determined that general or sexual harassment has occurred, the Department Director will initiateappropriatedisciplinaryactionwhichmaybeuptoandincludingtermination. Theseverity of thedisciplinewill bedeterminedby theseverityand/or frequencyof theoffense.
Step -4
If anemployeewhoisdisciplinedunderthisprocedurehasappealrights, saidappealrightsmaybe exercised.