HomeMy WebLinkAboutResolution No. 578-07 f
07 i y
• RESOLUTION
BE IT RESOLVED by the Common Council of the City of Rochester that the City adopt a
personnel policy regarding harassment in the workplace. A copy of the policy is attached.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS -?kc( DAY OF , 2007.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST:
CIW CLERK
APPROVED THIS DAY OF 1GC—'f)2B , 2007.
• MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
ResO5\Adopt.PersPolicy.Harass
•
• HARASSMENT IN THE WORKPLACE
It is the policy of the City of Rochester to maintain a work environment free of harassment.
Each employee is entitled to respectful treatment from others in an environment free from har-
assment. In providing a work
b anyone, incld
that is
ervhsorsssco workers o the
r non-
employe not
tolerate harassment of em Io ee
employees.
A. Harassment
Harassment is verbal or physical conduct that denigrates or shows hostility or aversion to-
ward an individual because of that person's (or that person's relatives' friends', or associ-
ates') race, skin color, religion, gender, national origin, age, disability, sexual orientation `
pregnancy, marital or other protected status and that:
1. has the purpose or effect of creating an intimidating, hostile or offensive work environ-
ment;
2. has the purpose or effect of unreasonably interfering with the individual's work per-
formance; or
3. otherwise adversely affects the individual's employment opportunities.
Harassing conduct includes, but is not limited to, the following:
• 1. epithets; slurs; negative stereotyping; or threatening, intimidating or hostile (including
jokes or pranks that are hostile or demeaning), or
ion
an
2. written or graphic material list senigrates or ed on wallsSbullet n bohows 'lity ards,relectronically, o otherindi-
vidual or group and that displayed
City locations or circulated in the work place.
3. bullying abuse physical or verbal violence humiliation or undermining a person's
confidence
B.' Sexual Harassment
Sexual harassment includes unwelcome sexual advances, requests for sexual favors,
sexually motivated physical contact or other verbal or physical conduct or communication of
a sexual nature, when:
1. submission to that conduct or communication is made a term or condition, either explic-
itly or implicitly, of obtaining employment; or
2. submission to or rejection of that conduct or communication by an individual is used as
a factor in decisions affecting the individuals employment; or
3. such conduct or communication has the purpose or effect of substantially interfering
with an individual's employment, or creates an intimidating, hostile or offensive em
ployment environment, providing that management knows or should know of the exis-
• tence of the harassment and fails to take timely and appropriate actions.
Update 11/06/07
Sexual harassment may include the following examples:
• display of sexually explicit pictures or objects;
• unwanted sexual comments, suggestions, jokes or gestures;
• unwanted touching, brushing against, patting, pinching, kissing, hugging, or corner-
ing;
• any indication, expressed or implied, that an employee's job security, potential for
advancement, work assignments, compensation, or other working conditions may
depend on the granting of sexual favors.
C. Management/Supervisory Responsibility M
Managers and supervisors are responsible for preventing and eliminating sexual or other
harassment in their respective work areas. This responsibility includes possessing a basic
understanding of sexual harassment and this policy, informing their employees of this pol-
icy, and responding appropriately to complaints and confirmed incidents of sexual or other
harassment in the workplace.
D. Employee Responsibility/Rights
All employees are responsible for conducting themselves in a manner consistent with the
• spirit and intent of this policy.
If an employee (including an applicant for employment) believes he/she has been subjected
to sexual or other forms of harassment, he/she should contact his/her immediate supervi-
sor, a department head, or the Director of Human Resources, the official designated for
handling such complaints. The complaint shall be promptly and thoroughly investigated
and appropriate disciplinary action will be taken against the harasser, should the complaint
be confirmed.
The confidentiality of the complaining party, the accused, and the participants in the investi-
gation shall be respected to the extent possible, in consideration of the legal obligation to
conduct a thorough investigation.
If an employee violates this policy, appropriate disciplinary action will be taken up to and in-
cluding termination of em to ment. The same disci ling action a n investigation.be taken with a com-
lainant who purposely provides false information in the course of a
Employees may also pursue other courses of action to which they are entitled under appli-
cable state and federal law. Such courses of action include the filing of a discrimination
charge with the Minnesota Department of Human Rights or the Federal Equal Employment
Opportunity Commission or initiating private civil action.
E. Prohibition Against Reprisal
All employees are protected in their right to report incidents they believe to be sexual or
other forms of harassment, in accordance with this policy, and to participate in the investi-
gation of such complaints without the fear or consequence of reprisal. Reprisal includes
any form of intimidation, retaliation, or negative impact upon the terms or conditions of
Update 11/06/07
one's employment. Reprisal or attempted reprisal violates this policy and anyone who does
so may be subject to disciplinary action up to and including termination of employment.
Update 11/06/07