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Harassment Policy
Purpose
To establish prevention against sexual harassment and unwanted conduct in the City working environment.
Definitions:
It shall be the policy of the City of Fremont that as an employee you have the right to expect a working environment free of unwelcome sexual advances, requests for sexual favors, communication of a sexual nature and/or other unwanted verbal or physical conduct which is of an ethnic, racial or religious nature.
This policy shall be followed at all times including but not limited to the following:
Following completion of the investigation, if it is determined that sexual harassment or unwanted conduct did, in fact, take place, immediate action, including discipline up to and including dismissal, will be taken to remedy the situation and prevent its recurrence.
Failure to comply with the provisions of this policy shall result in disciplinary action. Any employee who has an alleged misconduct complaint filed against them and violates Paragraph 6 above, during or after the investigation, shall be subject to further disciplinary actions.
To establish prevention against sexual harassment and unwanted conduct in the City working environment.
Definitions:
- "Employee" includes all City personnel.
- "Sexual Harassment" includes any unwanted or repeated verbal or physical sexual advances, sexually explicit, provocative or suggestive statements, innuendo or comments, or sexually oriented conduct or physical conduct, made by another employee which are reasonably offensive or objectionable to the recipient or which reasonably causes the recipient discomfort or humiliation, or which reasonably interferes with the recipient's work performance.
- "Unwanted Conduct" includes any conduct, verbal or physical, which is of an ethnic, racial or religious nature, which reasonably causes the recipient discomfort or humiliation, or which reasonably interferes with the recipient's work performance.
- "Shall" is mandatory, not permissive.
It shall be the policy of the City of Fremont that as an employee you have the right to expect a working environment free of unwelcome sexual advances, requests for sexual favors, communication of a sexual nature and/or other unwanted verbal or physical conduct which is of an ethnic, racial or religious nature.
This policy shall be followed at all times including but not limited to the following:
- When submission to such conduct or communication is made an express or implied condition of obtaining employment.
- When submission to or rejection of such conduct is used as a basis of or a factor in decisions affecting the employment of any personnel.
- When such conduct or communication has the purpose or effect of interfering with an employee's duty assignment or work performance or creating an intimidating, hostile or offensive environment.
- An employee who believes he/she has been subjected to sexual harassment or unwanted conduct shall promptly report the incident (preferably within 10 days) after the alleged occurrence, to the City Manager, a Department Head or other supervisory personnel. Any management employee receiving notification of alleged harassment is obligated to promptly inform the City Manager of the allegation. In the event the City Manager is charged with harassment, the charges of harassment shall be reported to the City Council, which will fulfill the obligations of the City Manager stipulated below.
- The City Manager or his/her designee shall promptly investigate a complaint of sexual harassment or unwanted conduct. Every effort will be made to handle all such complaints in a fair, impartial and speedy manner, with concern for the principles of due process and fairness. In order to protect both the person making the complaint and the person(s) against whom the complaint is made, every reasonable effort will be made to handle all complaints in a confidential and discreet manner.
- A meeting shall be held between the person making the complaint and the City Manager as soon as possible, but not later than 10 (10) days following the report of the alleged occurrence(s). Following this meeting, the employee(s) against whom the complaint has been made shall be given a full opportunity to respond to the allegations.
Following completion of the investigation, if it is determined that sexual harassment or unwanted conduct did, in fact, take place, immediate action, including discipline up to and including dismissal, will be taken to remedy the situation and prevent its recurrence.
- All Department Heads and supervisory personnel shall be expressly responsible for immediately reporting to the City Manager any occurrence they witness or become aware of in any area of their department.
- If at all possible, immediate action shall be taken by the Department Head and supervisory personnel to limit and restrict, during the pendency of a sexual harassment or unwanted conduct complaint, any work assignments or contact between the employee making the complaint and the employee(s) against whom the complaint is made.
- Retaliatory action or conduct of any kind taken by any member of the department or the City against an employee as the result of that employee having sought redress under this policy is strictly prohibited and shall be regarded as a separate and distinct violation of the City's policies and procedures.
- Any questions, concerns or other inquiries regarding the conduct prohibited by this policy or the procedures contained herein shall be directed immediately to the City Manager.
Failure to comply with the provisions of this policy shall result in disciplinary action. Any employee who has an alleged misconduct complaint filed against them and violates Paragraph 6 above, during or after the investigation, shall be subject to further disciplinary actions.