CITY OF CHICAGO POLICY ON SEXUAL HARASSMENT

Transcription

1 CITY OF CHICAGO POLICY ON SEXUAL HARASSMENT I. STATEMENT OF POLICY A. The City of Chicago is committed to providing a workplace in which all individuals are treated with respect and dignity. Each employee has the right to work in an environment free of discrimination, including sexual harassment. No person should be required to endure sexual harassment by supervisors or coworkers or work in a hostile environment as a condition of employment. Furthermore, this Policy applies to all phases of employment, including but not limited to recruitment, testing, hiring, upgrading, promotion or demotion, transfer, layoff, termination, rates of pay, benefits, and selection for training. The City of Chicago also is committed to preventing sexual harassment of persons receiving City services. B. It is the Policy of the City of Chicago to prohibit sexual harassment in the workplace. Sexual harassment is a violation of the law and will not be tolerated. Employees found to be in violation of this Policy will be subject to discipline, up to and including discharge. C. This Policy is intended to create guidelines and procedures for responding to complaints of sexual harassment and for disciplining those employees found to have violated this Policy. Nothing in this Policy is intended to nor shall be construed to create a private right of action against the City of Chicago or any of its employees. Furthermore, no part of this Policy shall be construed to create contractual or other rights or expectations. Furthermore, nothing herein is intended to affect the right of any person to make a charge of discrimination at the Chicago Commission on Human Relations or any state or federal agency with jurisdiction over such

2 claims, raise a grievance under a collective bargaining agreement, or consult a private attorney. D. A determination that sexual harassment or retaliation has occurred in violation of this Policy is not a determination of sexual harassment or retaliation under federal, state, or local law. The City s Policy against sexual harassment is preventative as well as corrective. Conduct that may not constitute unlawful sexual harassment may nevertheless violate this Policy and result in disciplinary action, up to and including discharge. II. CONDUCT PROHIBITED A. As used in this Policy, sexual harassment includes any unwelcome sexual advance or request for sexual favors or conduct of a sexual nature when submission to such conduct is made either explicitly or implicitly a term or condition of an individual s employment or receipt of City services; or when submission to or rejection of such conduct by an individual is used as the basis of any employment or service decision affecting the individual; or when such conduct has the purpose or effect of substantially interfering with the work performance of an employee or creating an intimidating, hostile or offensive work environment. There is a broad range of conduct which can, in certain circumstances, be considered sexual harassment under this Policy. This includes, but is not limited to, sexually suggestive or offensive remarks or rumors, sexually suggestive pictures or graffiti, sexually suggestive gesturing, verbal harassment or abuse of a sexual nature, the displaying of sexual objects, subtle or direct propositions for sexual favors, stalking, sexual assault, touching, patting, or pinching, and sending sexually suggestive e- mail messages or accessing sexually suggestive sites on the Internet. Sexual harassment may be directed against a particular person or persons, or a group. Sexual harassment also can result from words or conduct by City employees toward members of the public served by the City. B. Voluntary social relationships are not prohibited by this Policy. 2

3 Because the existence of a romantic relationship between supervisors and subordinates, however, has the inherent danger of coercion, or at least has the appearance of impropriety, any supervisor who has such a relationship with another City employee over whom he or she has any supervisory authority must report this fact to his or her supervisor, or may be subject to discipline. C. Any supervisor who is aware of or reasonably should be aware of sexually harassing conduct, whether or not anyone complains about such harassment, but fails to report that conduct, may be subject to discipline. Reports should be made to the SHO or to the department or agency s Sexual Harassment Liaison, as described in IIIA below. D. Retaliation against any person for having made a good faith complaint or report of sexual harassment, or participating or aiding in an investigation of sexual harassment, is strictly prohibited. Any person who believes that he or she has been subjected to retaliation should bring the retaliatory conduct to the attention of the City of Chicago s Sexual Harassment Officer (SHO) or designee. Retaliation will be considered a serious act of misconduct that is subject to appropriate discipline, up to and including discharge. III. PROCEDURES: ALLEGATIONS OF SEXUAL HARASSMENT IN CITY EMPLOYMENT A. Each department or agency head shall appoint one or more employees as being the Sexual Harassment Liaison(s) for that department or agency. The department or agency head or designee shall provide the name or names of such persons initially to all employees of the department or agency in writing, shall post the name or names appropriately throughout the department or agency, and give the information to each new employee of the department or agency. In addition, the department or agency head or designee will inform all employees and the Sexual Harassment Officer when the Sexual Harassment Liaison(s) are changed. Sexual Harassment Liaisons shall be trained in their responsibilities by the Sexual Harassment Officer or designee on City time at such places or times as the 3

4 Sexual Harassment Officer shall designate. B. The following persons acting alone or joining together may make a verbal or written complaint of sexual harassment under this Policy: 1. any employee or applicant for employment with the City who believes he or she is the subject of sexual harassment; 2. any person who has knowledge of a sexually harassing or offensive work environment, or other sexual harassment within City employment; and 3. any employee or applicant for employment with the City who believes he or she has been retaliated against for making a good faith complaint or report of sexual harassment, or participating or aiding in an investigation of sexual harassment. Any persons bringing complaints against employees of the Chicago Police Department should make these complaints in accordance with Police Department General Orders. C. Complaints of sexual harassment shall be made within one year of the sexual harassment. Employees are encouraged to bring their complaints as soon as possible to help ensure an effective investigation and prompt correction of the conduct. Complaints may be made to any of the following persons: 1. The Sexual Harassment Officer or designee in the City of Chicago s Department of Human Resources, or 2. Any person(s) designated by a City department or agency to be the Sexual Harassment Liaison(s). 1 1 If an employee is being harassed by the designated sexual harassment liaison for his/her department, the employee should make a complaint directly to the SHO. 4

5 D. Any person described in section C(2) above who receives a complaint must refer it in writing to the SHO or designee no later than the end of the third business day following receipt of the complaint. Failure to refer such complaints can be the basis for disciplinary action. The referral should be in writing, and may be typed or handwritten. A referral shall contain the name, department (if applicable), and phone number of the employee or person making the allegations; the name, department, and phone number of the person referring the matter; and the date the complaint was made. Additional information voluntarily provided by the person making the allegations should be included, but no additional information need be solicited. Persons described in B (1),(2), (3), and C(2) above are also encouraged to contact the Sexual Harassment Office by telephone, but a written referral should still be forwarded. Departmental liaisons are responsible for referring allegations to the Sexual Harassment Office, but are not responsible for conducting investigations of sexual harassment allegations. E. Within ten (10) days after receipt of the referral, or as soon as practicable, the SHO or designee will meet with the complaining party and explain the options available for proceeding, as described in Options A, B, and C below and discuss why the SHO or designee has chosen to proceed in a particular manner. F. To the extent possible, the reporting and investigation of all sexual harassment complaints will be kept confidential. In certain appropriate circumstances, however, the City of Chicago is obligated by law to investigate allegations of sexual harassment. Therefore, the SHO or designee will inform the complainant that the SHO may act on allegations 5

6 of sexual harassment pursuant to Options B and/or C below, even if there is no signed complaint or the person making the complaint does not choose to pursue the matter. G. The SHO will be responsible for maintaining a filing system on all allegations, mediations, investigations, interventions, and findings. RESOLUTION OF COMPLAINTS Upon receiving allegations of sexual harassment, the Sexual Harassment Officer shall first determine whether the allegations, if true, would constitute a violation of this Policy. If they do not, the Sexual Harassment Officer or designee shall not proceed and shall so notify the complaining party. If the allegations would, if true, constitute a violation of this Policy, the Sexual Harassment Officer or designee shall determine the best way to proceed among the following options. The choice of one or more options does not foreclose changing to a different option if the Sexual Harassment Officer or designee deems it appropriate. OPTION A - REFERRAL OF COMPLAINT TO MEDIATION 1. Definition Mediation is an attempt to informally resolve the issues presented by the complaint without proceeding to a formal investigation. Generally, this option may be appropriate for less serious cases. In this process, a third party mediator will meet with the complaining employee(s) and the person(s) against whom harassment is claimed. The mediation is provided free of charge. Legal counsel shall not be present during mediation proceedings. 2. Assessment It is essential that parties who are considering mediation 6

7 have a good understanding of the process as well as what the process can achieve. Mediation will be available only if all parties voluntarily consent to it and the SHO determines that mediation is appropriate. Election by the parties to mediate does not preclude the City from taking disciplinary action as appropriate. 3. Mediation process Before beginning mediation, all parties must sign a statement agreeing to keep the mediation proceedings confidential, subject to law, but nothing in this Policy shall prohibit any party to the mediation from testifying at any disciplinary proceeding. 4. Termination of mediation Any of the parties and/or the mediator shall have the right to terminate the mediation. A mediator may terminate the mediation under appropriate circumstances including, but not limited to, cases of non-cooperation, attempts to threaten or coerce any party, when progress is not being achieved, or when the mediator believes that conduct occurred which was more serious than previously alleged. When mediation is terminated, the matter shall be returned to the SHO for further action on the complaint which may include full investigation. 5. Mediation resolution and follow-up a. If the parties reach an agreement resolving the complaint, the mediator will prepare a written agreement to be signed by both parties. Following mediation, the SHO will make reasonable attempts to contact the complainant after six (6) weeks and after six (6) months to determine whether the agreement has been implemented or breached. b. The complainant(s) may bring a breach of the mediation agreement to the attention of the SHO at any time. In 7

8 the event the SHO learns of a breach of the agreement, the SHO may attempt reasonable intervention to secure compliance with the mediation agreement. In the event of a breach of the agreement, the SHO may proceed with an investigation or other intervention strategies. c. If no mediation agreement is reached, the SHO may proceed with an investigation or other intervention strategies. OPTION B - INVESTIGATION OF A COMPLAINT 1. An investigation will be initiated when the SHO or designee believes that this option is the best way to proceed or when other methods of resolution (mediation and/or intervention) have not been successful. The person who complained of a possible violation of this Policy may, if he or she desired to be informed of the outcome of the investigation, sign a written complaint. 2. At the conclusion of the investigation, the SHO or designee will prepare and issue a Summary Report containing a recommended finding and a synopsis of the evidence. In instances where the SHO finds that misconduct has occurred, the SHO shall designate which portion of Personnel Rule XVIII, Section 1, subparagraph 42 has been violated. The respondent shall receive notification of the outcome of the investigation. When a complaint has been signed, the complainant shall receive notification of the outcome of the investigation. 3. The SHO s Summary Report and recommended disciplinary action will be sent to the relevant department or agency head. In sustained cases (where a violation of the Policy has been found), the Summary Report and recommended disciplinary action also shall be forwarded to the Office of the Corporation Counsel. In sustained cases, the complete investigative file will be made available to the relevant 8

9 department or agency head and to the Office of the Corporation Counsel. 4. Every 30 days, the SHO or designee will follow up with the department or agency head to determine the status of the recommendation. 5. Following issuance of a sustained Summary Report, the SHO or designee will make reasonable attempts to contact the complainant after six (6) weeks and after six (6) months to determine whether the alleged harassment has recurred. If there has been a recurrence, the SHO will determine the most appropriate course of action to address that recurrence. Nothing herein precludes an employee from making a new complaint under this Policy. OPTION C - INTERVENTION The Sexual Harassment Officer or designee may attempt to resolve the complaint by intervention. Intervention may include but is not limited to: counseling parties, meeting with the parties and other persons deemed beneficial to resolution of the complaint, and/or training. If the allegations are not resolved, mediation and/or investigation may be appropriate. The SHO or designee shall keep appropriate records of intervention actions. IV: PROCEDURES: ALLEGATIONS OF SEXUAL HARASSMENT BROUGHT BY MEMBERS OF THE PUBLIC A. Any member of the public who believes he or she has been subjected to sexual harassment by a City employee acting in the scope of his or her employment and in relation to the provision of City services may make a complaint with the Office of the Inspector General of the City of Chicago. 9

10 B. The Office of the Inspector General of the City of Chicago shall investigate such complaints pursuant to the usual procedures of that office. C. The procedures described in Section III above shall not apply to complaints under this section. V. EDUCATION, TRAINING, AND PREVENTION The SHO or designee will conduct training to educate department or agency heads, supervisory personnel, and employees about the City of Chicago Sexual Harassment Policy and the creation of a harassment free workplace. Revised 10/25/03 10