RESPONSIBLE
CITY AGENCY: Division of Human Resources, EEO Manager
KEYWORDS:
Sex, sexual, race, gender, color, national origin, reprisal, harassment,
discrimination, confidential, complaint.
1.General
1.1 Salt Lake
City Corporation is committed to maintaining a work environment free of
discrimination and harassment based on a person's sex (including gender
harassment, harassment due to pregnancy, childbirth, or related medical
condition), race, color, age, religion, disability, ancestry, or national
origin, consistent with applicable laws.
1.2 All
employees should respect the rights, opinions, and beliefs of
others.
1.3
Employment decisions, such as promotions, performance evaluations, pay
adjustments, disciplinary or corrective actions, or work assignments, will be
based on merit, an employee's abilities and qualifications, or on other
job-related criteria.
1.4
Harassment of any person because of sex, sexual orientation, race, color, age,
religion, disability, ancestry, or national origin is strictly prohibited,
whether directed at an employee or a citizen. Any such harassment is prohibited
by this policy whether or not it also violates the equal employment opportunity
laws, except that those employees of Salt Lake City under the direct control or
supervision of the Salt Lake City Council may be bound only by City ordinance
and State and Federal equal opportunity laws
1.5 The
following conduct is also prohibited by this policy:
A. Reprisals and retaliation (open
hostility, exclusion/ostracism, creation or continued existence of a hostile
work environment, demeaning/patronizing remarks or conduct, assignment of
demeaning duties not otherwise performed, discriminatory treatment, unreasonable
restrictions on compiling evidence of violations of this policy, or similar
conduct) against persons making complaints of violations of this policy, or
against anyone who testifies, assists, or participates in any manner in an
investigation, proceeding, or hearing relating to violations of this
policy;
B. Intentional breaches of
confidentiality of information relating to a complaint of a violation of this
policy;
C. Failure to cooperate in an
investigation of a complaint of a violation of this policy;
D. Failure of a supervisor to take
timely corrective action when the supervisor knew or should have known that a
violation of this policy was occurring;
E. Contact with the person making the
complaint by a person accused of a violation of this policy regarding the
allegations, except during any disciplinary proceeding; and
F. Refusal to implement remedial
measures arising out of an investigation into a complaint of a violation of this
policy.
1.6.
Employees who violate this policy will be disciplined, up to and including
termination.
2. Harassment
2.1
Harassment is the creation of a hostile or intimidating environment, in which
verbal or physical conduct related to an individual's gender, sexual
orientation, race, color, age, religion, disability, ancestry, or national
origin, because of its severity and/or persistence, is likely to interfere
significantly with the individual's work, or result in a tangible employment
action such as hiring, firing, promotion, or demotion.
2.2 Sexual
harassment is a form of harassment with specific distinguishing characteristics.
It consists of unwelcome sexual advances, requests for sexual favors, or other
verbal or physical conduct of a sexual nature when:
A. submission to such conduct is made,
explicitly or implicitly, a term or condition of an individual's employment;
B. submission to or rejection of such
conduct is used as a basis for employment decisions affecting an individual;
or
C. such conduct unreasonably
interferes with an individual's job performance or creates an intimidating,
hostile, or offensive working environment, even if it leads to no tangible or
economic job consequences.
2.3 Conduct
constituting sexual harassment under this policy may include, but is not limited
to:
A. Intentional physical conduct which
is sexual in nature, such as touching, staring, blocking, pinching, kissing,
patting, grabbing, or brushing against another's body;
B. Physical assaults of a sexual
nature, such as: rape, sexual battery, molestation, or attempt to commit these
assaults;
C. Making unwanted sexual advances,
propositions, or other sexual comments; using obscene and insulting terms
related to gender; making uncalled for, unwelcome or persistent requests for
social contacts; making comments about a person's body, sexuality or sexual
experience, or other sexually oriented or sexually demeaning or explicit jokes
or comments; giving preferential treatment or promises of preferential treatment
in exchange for submission to sexual behaviors; or intentionally or
unintentionally making performance of an employee's job more difficult because
of an employee's gender;
D. Displaying or publicizing in the
work place, or sending via e-mail, sexually oriented displays or publications,
such as sexually oriented pictures, posters, cartoons, calendars, graffiti,
sexually oriented objects, jokes, stories, or other material;
E. Making or distributing insulting
and demeaning comments, jokes, cartoons, or written materials which relate to
gender.
2.4 Sexual
harassing conduct, as described above, can be perpetrated by a male towards a
female; by a female against a male; or by a person of either gender towards a
member of their same gender.
* 2.5
Harassment may also include verbal or physical conduct towards another
individual based on that person's race, color, age, religion, ancestry, or
national origin. Conduct that may constitute harassment includes, but is not
limited to, using racial and ethnic epithets, derogatory comments, slurs, or
offensive stereotyping, and making jokes about these characteristics. For
example, an actual or depicted noose or burning cross (or any other
manifestation of an actual or threatened racially motivated physical assault), a
favorable reference to the Ku Klux Klan, an unambiguous racial epithet such as
the ôN-word,ö and a racial comparison to an animal would constitute harassment
based on race or color. Harassment based on age may include age based
ôjokesö or comments based upon a personÆs age. Harassment based on
national origin or ancestry can take many different forms, including ethnic
slurs, workplace graffiti, or other offensive conduct directed towards an
individual's birthplace, ethnicity, culture foreign accent or dress associated
with a particular nation or ethnic group. Harassment based on religion may
include conduct which is motivated by an individualÆs affiliation with a
particular religious group. For example, harassing an individual because
that individual has certain religious beliefs or practices or dresses in a
certain way based upon that personÆs religious beliefs.
2.6 Conduct
alleged to constitute harassment under this policy shall be evaluated from the
perspective of a reasonable person similarly situated and under all the
circumstances.á
2.7
Harassment in violation of this policy may occur even though the conduct occurs
outside of the workplace.
3. Complaints
3.1 Employees
who are subjected to harassment are encouraged to communicate to the harasser
that the demeaning or otherwise harassing conduct, comments, gestures, actions,
or other behaviors, are unwelcome.
3.2 All
employees must report any harassing conduct that the employee experiences or
observes. Normally this report will be made to their supervisor. If the
supervisor is part of the alleged problem or if the employee for any reason
feels uncomfortable discussing the conduct with his or her supervisor, the
employee should complain to any appropriate City official, such as a human
resources consultant, City attorney, or the City's EEO Manager.á Employees who
work at times outside normal business hours may page their human resource
consultant and/or contact the City's EEO Manager's confidential voice mail
(535-6024) to arrange an appointment during the employee's work hours or other
times. Any supervisor, manager or other City official who receives a
complaint of, or who observes, any harassment must immediately contact the
CityÆs EEO Manager.
3.3 The city
will protect the confidentiality of harassment complaints to the extent
possible.
4. Investigation
4.1 Any City
official or employee who receives a complaint of violation of this policy must
immediately inform the City's EEO Manager of the complaint.
4.2 Once
informed of a complaint of violation of this policy, the City's EEO Manager will
conduct or coordinate an unbiased investigation in an expedient
manner.
4.3 All
appropriate parties will be notified of the findings of the investigation and
the resolution of the complaint.
4.4 If
harassment is covered by federal anti-discrimination law, employees have the
right to file complaints with the Anti-Discrimination Division of the Utah Labor
Commission at 160 East 300 South, 3rd Floor, Salt Lake City, UT 84111;
Telephone: 801-530-6801, 1-800-222-1238, 801 530-7685áá (TDD) within
one hundred eighty (180) days of the last date of the harassment or with the
EEOC at 3300 North Central Avenue, Suite 690, Phoenix, AZ, 85012-2504; Telephone
602-640-5000, 1-800-669-4000, 602-640-5072 (TTY), within 300 days of the same
date.
5. Dissemination
5.1
Department directors and supervisors are responsible for informing all employees
within their departments or work units of this policy, and ensuring that
employees have open access to report harassing behaviors or other violations of
this policy to appropriate City officials without fear of
reprisal.
5.2 The
Division of Human Resource Management will coordinate and provide training on
prevention of harassment.
PRE-1995
REFERENCE: City
Policy 4.06.200 (Sexual Harassment)
CURRENT REFERENCES:
City
Policy 3.01.01 (Employment, Hiring, and
Termination)
City Policy 3.02.01 (Standards of
Conduct)
City Policy 3.02.02 (Disciplinary
Guidelines)
Executive Order,
Affirmative Action and Equal Employment Opportunity,
April 4, 2001
Executive Order,
Nondiscrimination in Employment, April 4,
2001
EEOC Regulations to Implement the
Equal Employment Provisions of the Americans with
Disabilities Act, 29 CFR Part 1630
EEOC Regulations Interpreting the Age Discrimination in Employment Act of 1967,
as amended
29 CFR Part 1626
EEOC Guidelines on
Discrimination because of National Origin, 29 CFR Part
1606
EEOC Guidelines on Discrimination
Because of Religion, 29 CFR Part 1605
EEOC Guidelines on Discrimination Because of Sex, 29 CFR Part 1604 and
1606
City Code
2.53 (Employment Practices)
INITIAL EFFECTIVE DATE:
October 1 1995
DATE OF LAST REVISION: October 1,
1995
May 18, 2004, phone number correction
EFFECTIVE DATE OF CURRENT
REVISION (Date signed by Mayor):March 8, 2007
(Additional descriptions
of harassment)