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RESEARCH TOOLS › SAMPLE DOCS › Sexual Harassment Policy
 
Bainbridge Island, WA Sexual Harassment Policy

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City of Bainbridge Island
Sexual Harassment Policy

Index: Administrative
Effective Date: July 1, 1993

Reference

Section 703 of Title VII, Civil Rights Act of 1967 29 CFR 1604.11 RCW 49.60

Purpose

Sexual harassment can be a significant problem in any workplace, particularly for women. It is an illegal and discriminatory practice. The City of Bainbridge Island promotes a work environment free of actions or behaviors which are illegal and/or which contribute to interpersonal conflicts, poor morale or poor performance in the workplace. Further, the City condemns any such conduct and affirms that it will take appropriate action to eliminate such offensive conduct from the workplace.

Policy

It is the policy of the City of Bainbridge Island that all employees shall enjoy a work environment free from all forms of discrimination, including sexual harassment. All workers, including supervisors and managers, will be subject to severe discipline, up to and including discharge, for any sexually harassing behavior.

It is illegal, and against City policy, for any worker— male or female—to make unwelcome sexual advances, or other verbal or physical conduct of a sexual nature a condition of employment; to use a worker's submission to or rejection of such conduct as the basis for or a factor in any employment decision affecting the individual; or to create an intimidating, hostile, or offensive work environment by engaging in such conduct. No person shall threaten or insinuate, either explicitly or implicitly, that an employee's refusal to submit to sexual advances will adversely affect the employee's employment, evaluation, wages, advancement, assigned duties, shifts, or any other condition of employment or career development.

Sexual harassment is a form of misconduct that undermines the integrity of the employment relationship. No employee, either male or female, shall be subjected to unsolicited or unwelcome sexual overtures or conduct, either verbal or physical.

Sexual harassment does not refer to occasional compliments of a socially acceptable nature. Instead, it refers to behavior that is not welcome, that is personally offensive, that lowers morale and that, therefore, interferes with productivity. Conduct or actions that arise out of a personal or social relationship and that are not intended to have a discriminatory effect on employment may not be viewed as harassment.

All employees are to be advised of this policy to assure them that they are not to endure insulting, degrading or exploitive sexual treatment.

Any employee who believes that he or she has been the subject of sexual harassment should report the alleged act immediately. Supervisors and managers who receive a sexual harassment complaint shall carefully investigate the matter, question all employees who may have knowledge of the alleged incident or similar problems. Both the complaint and the investigative steps and findings shall be documented as thoroughly as possible. Any supervisor or other employee who has been found, after appropriate investigation, to have sexually harassed another employee will be subject to disciplinary action up to and including termination.

No employee shall willfully and with malice bring forth or threaten to bring forth a false accusation of sexual harassment contemplated solely to damage, harm, "get even with," or otherwise intimidate a co-worker, supervisor or manager. False accusations will result in disciplinary action up to and including termination.

"Sexual harassment" is any unwelcome sexual advance, request for sexual favors and other verbal or physical conduct or behavior of a sexual nature which is deliberate or repeated or which:

  • is part of a decision to hire or fire;
  • is used to make decisions regarding wages
  • promotions or job assignments;
  • interferes with an employee's work performance; or
  • creates an intimidating, hostile, or offensive work environment.

Examples of sexual harassment include, but are not limited to

  • sexual innuendo
  • suggestive comments
  • insults
  • humor and jokes about sex or gender-specific traits threats
  • suggestive or insulting sounds
  • leering
  • whistling
  • obscene gestures
  • touching
  • pinching
  • brushing the body
  • coerced sexual intercourse
  • assault

The creation of an intimidating, hostile, or offensive work environment may also include such actions as persistent comments on a worker's sexual preferences or the display of obscene or sexually oriented photographs or drawings.

No employee will be subject to any form of retaliation or discipline for pursuing a sexual harassment complaint.

Attachments

  1. Sexual Harassment Procedural Checklist
  2. Employee Rights With Regard to Sexual Harassment

Reference - Sexual Harassment Policy

All boxes DO NOT have to be checked off. Some steps may be discretionary and are not required to validate documentation of the complaint procedure. It is anticipated that this checklist will act to preserve a record of actions taken.

Any employee who believes that he or she has been subjected to sexual harassment should report the allegation immediately in accordance with the following procedure. All information obtained will be held in strictest confidence and will only be disclosed on a need-to-know basis.

Informal Action

Victim communicates with offender regarding offensive behavior. "Communication" may be construed as a face-to-face discussion between victim and offender, with or without witnesses present, or a written document delivered to the offender.
Date:__________

Victim requests an opportunity to discuss the situation with the immediate supervisor.
Date:__________

If allegations involve the immediate supervisor, the victim may report directly to the next higher levelof supervision.
Date:__________

Victim requests that a representation (Name)_______________________ participate in discussion with offender.
Date:__________

Formal Action

Within seven (7) calendar days of occurrence or knowledge of occurrence, victim makes written report of incident to the immediate supervisor. Victim's written complaint shall contain the name of the alleged offender, a description of events, dates, times, locations, the names of any witnesses, and the desired remedy.
Date:__________

If the allegations involve the immediate supervisor the victim may report directly to the next higher level of supervision.
Date:__________

Within seven (7) calendar days of receipt of the allegations, the supervisor shall meet with the parties involved and attempt to remedy the complaint.
Date:__________

Within seven (7) calendar days of such meeting, the supervisor shall submit a recommendation to the involved parties. If the remedy is unsatisfactory, the victim may, within ten (10) calendar days of the recommended remedy, notify the next level manager.
Date:__________

Within seven (7) calendar days following receipt of the formal written complaint, the next level manager shall initiate an investigation of the allegations.
Date:__________

Within fourteen (14) calendar days the investigating authority shall submit a written report to the City Administrator detailing the nature of the complaint and results of the investigation. The report shall contain a recommendation for further action.
Date:__________

Within ten (10) calendar days of report completion, the City Administrator shall respond to victim and the accused, and shall institute corrective or disciplinary actions deemed necessary.
Date:__________

Reference - Sexual Harassment Policy

Employee Rights

  1. Any involved employee may seek counseling or advice at any stage of the complaint procedure.

  2. A victim and/or any witnesses shall be free from any restraint, interference, coercion, discrimination or reprisal in connection with or subsequent to the filing of a complaint.

  3. The time limits specified in the checklist section may be extended by mutual consent, agreed to in writing by the involved parties. ;

  4. An employee who fails to comply with any time limitations set forth in the checklist shall be deemed to have withdrawn his/her complaint. Such withdrawal status is applicable only to departmental action, and the victim may elect to pursue the complaint through other agencies.

  5. If the City of Bainbridge Island fails to comply with any time limitations set forth herein, such failure shall entitle the employee to automatic advancement to the next step in the complaint process.

  6. Complaint resolution meetings shall be scheduled, whenever possible, during normal work hours, subject to the public interest and efficiency of department services.

  7. Employees determined to have filed false allegations shall be subject to disciplinary action up to and including termination.

  8. An employee who elects to pursue a complaint with outside agencies (i.e., Equal Employment Opportunities Commission, Washington State Human Rights Commission) must discontinue further action within the City to facilitate full cooperation with any such outside investigating agencies.

  9. Employees electing to file complaints with an outside agency should contact that agency to determine its requirements for pursuit of a complaint.

  10. An employee may seek private legal counsel at any time. Any legal action instituted by an employee is solely the responsibility of the employee.

  11. Any employee instituting a criminal complaint should contact local law enforcement officials and proceed through the criminal justice system as prescribed by applicable criminal laws.