Sample Only

Workplace Harrassment
City of Lynnwood, WA
Policy No. 120
November 18, 1998

I. Purpose

To establish the City's position on the subject of workplace harassment, to set forth guidelines for handling violations of the policy and to specify the related complaint-handling procedure.

II. Policy

Harassment based on gender, racial or ethnic origin, age, disability or religious belief is prohibited and will not be tolerated. Such harassment is a form of discrimination and is illegal. Prohibited harassment will result in prompt and appropriate corrective action, which may include termination.

The City will not tolerate employees being illegally harassed by other employees, supervisors, vendors, suppliers, contractors, or members of the public on the basis of gender, race, ethnic background, religion, age, disability or marital status. In addition, the City will aggressively pursue illegal workplace harassment complaints. Employees who feel they have been discriminated against should follow the complaint procedure outlined below. The employee will not be subject to retaliation or reprisal for making a legitimate report.

III. Definitions

A. Harassment: Verbal, physical or visual conduct, which is offensive or hostile, or which deprives or tends to deprive another's rights or opportunities, based on race, color, religion, creed, sex, gender, national origin, marital status, age, or the presence of any physical, mental, or sensory disability.

B. Sexual Harassment: Any deliberate or repeated unsolicited verbal comment, gesture, joke or physical contact of a sexual nature. Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when such conduct:

1. Is made explicitly a term or condition of employment, or

2. Is used as a basis for employment decisions, or

3. Has the purpose or effect of unreasonably interfering with work performance or creating an otherwise hostile working environment.

C. Examples: The following examples can be considered inappropriate or prohibited forms of harassment, depending on the circumstances:

· Negative or offensive comments, jokes, or suggestions about another employee's gender, race, age, national origin, religion, creed, or sexuality.

· Obscene or lewd sexual comments, jokes, suggestions or innuendoes.

· Unwanted touching, patting, or lewd physical conduct.

· Repeated and unsolicited contact with the employee requesting sexual favors to the extent such contact actually affects the employee's job status or performance.

· Supervisor-promised promotion if employee agrees to a sexual relationship.

· Deliberate or repeated behavior of a sexual nature which is unsolicited and unwelcome.

· Displaying offensive pictures, offensive cartoons or offensive calendars on City property.

D. Employee: Any employee of the City including managers and supervisors.

IV. Procedure

A. Employees who find another employee's behavior is inappropriate, offensive, or unwelcome as illustrated above, should inform the employee and state that it should cease immediately. If the behavior does not stop, it should be reported.

B. Complaints of harassment of any type should be reported immediately to any of the following: the employee's immediate supervisor, a department director, the Human Resources Director, or an appointed sexual harassment investigator. The allegation should include a description of the incident or behavior, the date(s) of the occurrence, the individual(s) involved and any witnesses. The person receiving the complaint must notify the Human Resources Director immediately, unless the Human Resources Director is the one whom the complaint directly involves, in which case, the person receiving the complaint must notify the Mayor immediately. The Human Resources Director will notify the appropriate Department Director. The Mayor, together with the Human Resources Director and the Department Head of the employee making the complaint will then decide the appropriate course for investigation of the complaint. Should the Department Director or the Human Resources Director be the one whom the complaint directly involves, he/she will not participate. If the Mayor is notified directly of a complaint, he/she will notify the appropriate Department Director and the Human Resources Director, unless either is the person whom the complaint directly involves.

C. An internal investigation will be conducted that may include the following: interviews with all parties, interviews with witnesses, review of documentary evidence. This investigation will attempt to preserve confidentiality whenever possible, and any disclosure will only be that necessary to investigate or as otherwise required by law or by union representation. Any employee filing a complaint regarding harassment shall receive a written response to their complaint from the Human Resources Director. If the employee is not satisfied with the response, the employee is responsible for bringing the matter directly to the Mayor in writing within 20 calendar days. The decision of the Mayor will be final and binding. However, the Mayor's decision does not preclude an employee from seeking external redress.

D. Anyone who is found to have violated this policy is subject to corrective action up to and including termination. The City will take whatever action it deems necessary to prevent an offense from being repeated.

E. The City will not permit retaliation against anyone who makes a legitimate complaint or who cooperates in an investigation.

V. Other Inappropriate Conduct

Not every incident of inappropriate conduct constitutes harassment in violation of this policy. Isolated incidents of offensive conduct are not necessarily unlawful harassment. For example, random words that offend a particular employee may not be sufficient to constitute harassment in violation of this policy. However, inappropriate, offensive, or discourteous conduct, even if it does not constitute harassment in violation of this policy, may results in corrective action. If an employee is offended by such behavior, it is important that he or she follow the procedures outlined above, so the offensive behavior can be identified, evaluated, and corrected as needed.

VI. Malicious Complaints

Complaints of harassment that are found, following investigation, to be contrived or willfully intended to cause harm to the accused person are a violation of this policy, and the complainant will be subject to disciplinary action.

Approved:

__________________________________________________