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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 Ordinance 98-PL-G- 623 Amending Article IX of the Personnel Rules and Regulations, Page 2 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; Ordinance 98-PL-G-623 Amending Article IX of the Personnel Rules and Regulations, Page 3 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." Ordinance 98-PL-G- 623 Amending Article IX of the Personnel Rules and Regulations, Page 4 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. Ordinance 98-PL-G-623 Amending Article IX of the Personnel Rules and Regulations, Page 5 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 Ordinance 98-PL-G-623 Amending Article IX of the Personnel Rules and Regulations, Page 6 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 Ordinance 98-PL-G- 623 Amending Article IX of the Personnel Rules and Regulations, Page 7 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 Ordinance 98-PL-G-623 Amending Article IX of the Personnel Rules and Regulations, Page 8 I4C!5 ge. Approved as to Form: Village Attorney Published 10-14-98 Pamphlet form Date Paper Not Published