G-623 - 10/13/1998 - PERSONNEL RULES & REGS - Ordinances ORDINANCE 98-PL-G-623
AN ORDINANCE AMENDING ARTICLE IX
PERSONNEL RULES AND REGULATIONS
OF THE CODE OF ORDINANCES OF THE VILLAGE OF OAK BROOK
WHEREAS, the corporate authorities of the Village of Oak Brook, DuPage and Cook Counties,
Illinois, deem an amendment to the sexual harassment policy in the Personnel Rules and Regulations and
for the Village of Oak Brook to be advisable; and
WHEREAS, the corporate authorities of the Village deem the passage of this ordinance and
amendment to the Personnel Rules and Regulations to be in the best interest of employment relations for
the Village of Oak Brook,
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: That the provisions of the preamble hereinabove set forth are hereby adopted as
though fully set forth herein.
Section 2: That Article IX entitled"General Provisions and Prohibitions", Personnel Rules and
Regulations, of the Code of Ordinances of the Village of Oak Brook is amended to read as follows:
ARTICLE IX. GENERAL PROVISIONS
AND PROHIBITIONS
"Section 4. Sexual Harassment Policy
A. Statement of Policy
The Village of Oak Brook(hereinafter referred to as"the Village") is committed to
maintaining a work environment that encourages and fosters appropriate conduct among
employees and respect for individual values and sensibilities. Sexual harassment of any
kind is prohibited, as a matter of policy, by the Village. Accordingly, the Village intends to
enforce its Sexual Harassment Policy at all levels within the workplace in order to facilitate
an environment free from sexual harassment. All officers and employees of the Village are
expected to become familiar with the contents of this Policy and to abide by its
requirements.
Sexual harassment, according to the Equal Employment Opportunity Commission and the
Illinois Department of Human Rights, and for purposes of this Policy, consists of
unwelcome sexual advances, requests for sexual favors, other verbal, non-verbal, or
physical acts of a sexual or sex-based nature, where
1. submission to such conduct is made either explicitly or implicitly a term or condition
of an individual's employment; or
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2. an employment decision affecting an employee is based on that individual's
acceptance or rejection of such conduct, 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.
Sexual harassment can occur between men and women, or members of the same
gender. This behavior is unacceptable in the workplace itself and in other work-related
settings such as business trips and business-related social events.
It is a violation of this policy to retaliate in any way against anyone who has complained
about sexual harassment or discrimination, assisted in filing a complaint, or participated in
the investigation of a complaint, whether that concern relates to harassment of or
discrimination against the individual raising the concern or against another individual. It is
a violation of this policy to retaliate in any way against anyone who opposes an act which
that person believes to be sexual harassment, or because an individual has made a
charge, filed a complaint, testified, assisted, or participated in an investigation, proceeding
or hearing under the Illinois Human Rights Act.
B. Prohibited Conduct
Prohibited acts of sexual harassment can take a variety of forms ranging from subtle pressure
for sexual activity or contact to physical contact. At times the offender may be unaware that
his or her conduct is offensive or harassing to others. One example of sexual harassment is
where a qualified individual is denied employment opportunities and benefits that are, instead,
awarded to an individual who submits (voluntarily or under coercion)to sexual advances or
sexual favors. Another example is where an individual must submit to unwelcome sexual
conduct in order to receive an employment opportunity. Other examples of conduct which
could be considered sexual harassment include:
1. persistent or repeated unwelcome flirting, pressure for dates, sexual propositions, sexual
comments or touching;
2. sexually suggestive jokes, innuendoes, comments, gestures or sounds (e.g.,whistling,
"catcalls", "smooching"or"kissing" noises)directed toward another, or sexually oriented
or degrading comments about another; humor and jokes about sex, anatomy or gender-
specific traits; obscene gestures; leering;
3. preferential treatment of an employee, or a promise of preferential treatment to an
employee, in exchange for dates or sexual conduct; or the denial or threat of denial of
employment, benefits or advancement for refusal to consent to sexual advances;
4. the open display of sexually oriented pictures, posters, slogans or other material offensive
to others;
5. retaliation against an individual for reporting or complaining about sexually harassing
conduct;
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Amending Article IX of
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6. unwelcome hugging or kissing, pinching, brushing the body, unwelcome sexual
intercourse or actual assault.
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.
An example of the most subtle form of sexual harassment is the use of endearments. The use
of terms such as"honey", "darling"and "sweetheart" is objectionable to many men and women
who believe that these terms undermine their authority.
Another example is the use of compliment that could potentially be interpreted as sexual in
nature. Below are three statements that might be made about the appearance of a woman in
the workplace.
• "That's an attractive dress you have on."
• "That's an attractive dress. It really looks good on you."
• "That's an attractive dress. You really fill it out well."
The first statement appears to be simply a compliment. The last is the most likely to be
perceived as sexual harassment, depending on the individual's perceptions and values. To
avoid the possibility of offending an employee, it is best to follow a course of conduct above
reproach, or to err on the side of caution.
C. What to do if you are sexually harassed.
The Governor's Executive Order 7 (1992)provides this advice about what to do if you are
sexually harassed:
"If you are being sexually harassed, here is what to do. Let the harasser know
you are not receptive. If you are harassed a second time, politely and firmly(do
not be subtle) let that person know you are not interested.
Write down what happened to you... when it happened,who was there, what
was said by both of you.
If you let the harasser know you are not interested in his or her suggestions and
the suggestions continue, you are being victimized. Keep records of subtle or
overt job related promises or threats. Talk to other people in your department
whom you trust. Many times a sexual harasser will bother different people at
different times.
Give your supervisor the facts about the incidents. If your supervisor is the
sexual harasser, see his or her supervisor—talk to your affirmative action
officer."
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Amending Article IX of
the Personnel Rules and
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D. Individuals Covered Under the Policy
This policy covers all officers and employees of the Village. The Village will not tolerate,
condone or allow sexual harassment, whether engaged in by fellow employees or officers, or
anyone doing business with the Village. The Village supports and encourages reporting of all
incidents of sexual harassment, regardless of who the offender may be, and will promptly
investigate all reported incidents.
1. Responsibility of Individual Employees:
a. Each individual employee has the responsibility to refrain from sexual harassment
in the workplace.
b. The harassing employee will be subject to corrective action including discipline up
to and including discharge in accordance with the Village's policy.
C. An employee who either observes or believes herself/himself to be the object of
sexual harassment is responsible for reporting the incident(s)to his/her supervisor,
or if the employee is uncomfortable reporting the incident to his/her supervisor,
he/she should report the incident to any supervisor in the Village.
2. Responsibility of Su erv�iso_ry Personnel:
a. Each supervisor is responsible for maintaining the workplace free of sexual
harassment. This is accomplished by promoting a professional environment and
by dealing with sexual harassment as one would deal with other forms of employee
misconduct.
b. Specifically, the supervisor must address an observed incident of sexual
harassment or a complaint with seriousness, document the details of the incident,
immediately report it to the Assistant Village Manager or Village Manager, who will
take prompt action to have the complaint investigated. This also applies to cases
where an employee tells the supervisor about behavior considered sexual
harassment but does not want to make a formal complaint.
C. The supervisor must report all incidents or complaints of sexual harassment to the
Department Head or Village Manager on the date of the alleged occurrence, or on
the very next business day.
d. In addition, the supervisor must ensure that no retaliation will result against an
employee making a sexual harassment complaint, assisting in filing a complaint or
participating in the investigation of a complaint.
e. Any supervisor in need of information regarding his/her obligations under this
Policy or the procedures to be followed upon receipt of a complaint should contact
the Village Manager.
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E. Complaint Process
While the Village encourages individuals who believe they are being harassed to firmly and
promptly notify the offender that his or her behavior is unwelcome,the Village also recognizes
that power and status disparities between an alleged harasser and a target may make such a
confrontation impossible. In the event that such informal, direct communication between
individuals is either ineffective or impossible, or even when such communication has occurred,
the following steps should be taken to report asexual harassment complaint.
1. An employee (the "Complainant")who either observes 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 Complainant's supervisor. If
reporting to the Complainant's supervisor should prove uncomfortable for any reason, or if
the offender is the Complainant's supervisor, the Complainant should directly contact any
supervisor in the Village. It is not necessary for sexual harassment to be directed at the
person making the complaint.
The following steps may also be taken: document or record each incident(what was said
or done, the date, the time, and the place). Documentation can be strengthened by
written records, such as letters, notes, memos, and telephone messages. All such
documentation, once prepared, shall be immediately transmitted to the supervisor.
No one making a complaint will be retaliated against if the complaint is made even though
it may ultimately not be substantiated. In addition, any witness will be protected from
retaliation.
2. Investigation of Complaint:
When a complaint has been reduced to writing, the Village Manager will initiate an
investigation of the suspected sexual harassment as soon as possible. The investigation
will include an interview with the Complainant and the employee(s)who made the initial
report (if different than the Complainant), the person(s)toward whom the suspected
harassment was directed and the individual(s)accused of the harassment. Any other
person who may have information regarding the alleged sexual harassment shall also be
interviewed.
3. Report:
The person responsible for investigating the complaint shall prepare a written report as
soon as practicable following his/her completion of the investigation. The report shall
include a finding whether sexual harassment occurred, sexual harassment did not occur,
or there is inconclusive evidence as to whether sexual harassment occurred.
4. Records: Confidentiality
Employees who report incidents of sexual harassment are encouraged to keep written
notes in order to accurately record the offensive conduct. Every effort shall be made to
keep all matters related to the investigation and various reports confidential to the extent
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practicable. In the event of a lawsuit, however, the Village advises that records it
maintains and the Complainant maintains may not be considered privileged from
disclosure.
5. Time Frame for Reporting Complaint:
The Village encourages a prompt report of complaints so that rapid response and
appropriate action may be taken. However, due to the sensitivity of these problems and
because of the emotional toll such misconduct may have on the individual, sexual
harassment complaints should be reported within thirty(30)days after the complained-of
conduct. Delayed reporting of complaints will not in and of itself preclude the Village from
taking remedial action.
6. Protection Against Retaliation:
The Village will not in any way retaliate against an individual who makes a report of sexual
harassment, assists in filing a complaint, or participates in the investigation of a complaint,
nor permit any officer or employee to do so. Retaliation is a serious violation of this
sexual harassment policy and should be reported immediately. Any person found to have
retaliated against another individual for reporting sexual harassment will be subject to the
same disciplinary action up to and including discharge.
7. Appeals Process:
If either party directly involved in a sexual harassment investigation is dissatisfied with the
outcome or resolution, that individual has the right to appeal the decision. The dissatisfied
party should submit his/her written comments in a timely manner to the Village Manager,
but in no event later than ten (10)days after receipt of the outcome or resolution of the
investigation.
F. Corrective Action/Sanctions
Corrective action including discipline up to and including discharge will be taken against any
employee found to have engaged in sexual harassment of any other employee. The extent of
sanctions may depend in part upon the length and condition of employment of the particular
employee and the nature of the offense. The Village has the right to apply any sanction or
combination of sanctions, up to and including termination.
Where sexual harassment has been found to exist, the Village will take all reasonable steps to
eliminate the conduct.
G. Recourse, Investigative and Complaint Process Through Illinois Department of Human
Rights and the Illinois Human Rights Commission
It is hoped that most sexual harassment complaints and incidents can be resolved through the
Village's internal complaint process established above. However, an employee has the right to
contact, file a complaint with, request an investigation by, and/or seek recourse through the
Illinois Department of Human Rights (the"Department")and the Illinois Human Rights
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Commission (the"Commission"). Any such complaint must be filed within 180 days of the
incident of sexual harassment or of the incident of unlawful retaliation. The exact rules,
procedures and other information regarding filing a complaint with, requesting an investigation
by and/or securing recourse from, the Department or Commission (including the nature and
extent of such recourse)can be obtained by contacting the Department or Commission as
follows:
If the Department: Illinois Department of Human Rights
100 W. Randolph Street
Suite 10-100
Chicago, IL 60601
(312)814-6200 or(312)263-1579-TDD
If the Commission: Illinois Human Rights Commission
100 W. Randolph Street
Suite 5-100
Chicago, IL 60601
(312)814-6269
H. Copies of Policy.
A copy of this policy shall be provided to each employee and shall also be provided to the
Department on its request.
Section : That this ordinance shall be in full force and effect from and after its passage, approval
and publication as required by law.
Section 4: That the Village Clerk is hereby authorized and directed to publish this ordinance in
pamphlet form in the manner provided by law.
PASSED THIS 13th day of October, 1998.
Ayes: Trustees Bartecki, Caleel, Kenny, McInerney, Savino and Shumate
Nays: None
Absent: None
Abstain: None
APPROVED THIS 13th day of October, 1998.
Village President
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Amending Article IX of
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Regulations, Page 8
I4C!5
ge.
Approved as to Form:
Village Attorney
Published 10-14-98 Pamphlet form
Date Paper
Not Published