1984-084 Sexual Discrimination PolicyRESOLUTION NO. 84
A RESOLUTION SETTING FORTH THAT THE CITY OF MERIDIAN FORBIDS
SEXUAL HARASSMENT AND SEXUAL DISCRIMINATION; THAT THE CITY, TO
ASSERT ITS POSITION ON SEXUAL DISCRIMINATION AND HARASSMENT,'
HEREBY ADOPTS. AN ANIT-SEXUAL HARASSMENT POLICY.
WHEREAS, sexual harassment is degrading to all parties
involved and causes inefficiency of the workers involved and
co-workers; and
WHEREAS, sexual harassment can occur in any place of
employment, of which the City of Meridian, as an employer, is
not immune from having such activity occur; and
WHEREAS, it is in the best interest of the City of Meridian,
as a governmental unit, its emoloyees, and the Citizens of
Meridian to prohibit sexual harassment and, in that regard, to
have and adopt a policy pertaining to sexual harassment;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COUNCIL OF THE CITY OF MERIDIAN, IDAHO, that the City hereby adopts
the bollowing as its official policy against sexual harassment
and its, procedure for handling complaints of sexual harassment:
ANTI-SEXUAL HARASSMENT POLICY
I. POLICY STATEMENT
The sexual harassment of any employee or recipient of .the
services of this agency is absolutely forbidden. The
City has designated The Mayor as the official who is
responsible for receiving:-.and investigating complaints of
sexual harassment, who shall be referred to herein as the
"enforcement officer". Any employee, supervisor or manager
who is made aware of an alleged incident of sexual harassment
will take action to bring that matter to the attention of the
most appropriate management authority or to the enforcement
officer who will, in turn, take immediate action pursuant
to this policy.
II. Definition
According to the Equal Employment Opportunity Commission,
unwelcome sexual advances, requests for sexual favors,
and other verbal or physical conduct of a sexual nature
constitute sexual harassment when (1) submission to such
conduct is made either explicitly or implicitly a term or
condition of an individual's employment, (2) submission to
or rejection of such conduct by an individual is used as
the basis for employment decisions affecting such individual,
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RESOLUTION NO. 84 (Cont'd)
III. Distribution
Becuase prevention is the best tool for the elimination of
sexual harassment, this policy will be di5.s.eminated to all
employees of the City. Managers and supervisors are
expected to take appropriate steps to make all City Employees
aware of it.
IV. Investigation and Resolution
A. Filing
1. Employees who believe they are being subjected to
'illegal sexual harassment are encouraged to file
complaints through the City's grievance procedure.
Due to the sensitivities associated with this
subject, any person or step normally part of the
grievance procedure may be bypassed if the
complainant feels it is necessary to do so. If an
employee so chooses, she/he may bupass the City
procedure entirely and file a sex discrimination
claim directly with the Idaho Human Rights Commission
and.or the Equal Employment Opportunity Commission.
(EEOC);
2. Applicants for employment and service recipients may
-file sexual harassment charges in letter form with
the enforcement officer or may file with the Idaho
Human Rights Commission and/or EEOC.
B. Confidentiality
1. Due to the damage that could result to the career
and reputation of any person falsely or in poor
faith accused or sexual harassment, all investiga-
tions and hearings surrounding such matters will be
designated to the maximum extent possible to protect
the privacy of, and minimize suspicion toward, the
accused as well as the complainant. Only those
persons responsible for investigating and enforcing
civil rights matters will have access to confidential
communications.
2. Any employee aware of or suspecting the occurrence
of sexual harassment will be expected to report the
matter through the most confidential and direct
means possible to 'preserve morale and discipline in
the work unit. Steps include:
a. Making a statement of known facts in writing
to the designated agency official;
b. Avoiding discussing the matter with co-workers
and persons not directly responsible for investi-
gating the matter.
C. Investigation Procudure
When an allegation of sexual harassment is made of any
_ . , ___ t_v...,.m,...~ „~~; ~Ar w; 1 1 take immediate
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RESOLUTION N0. 84 (Cont'd)
D. Action and Resolution
Based on the report, the Mayor shall take immediate
and appropriate corrective action. In determining
whether conduct constitutes sexual harassment, the
Mayor will look at the record as a whole and at the
totality of the circumstances, such as the nature of the
alleged sexual advances and the context in which they
occurred. The determination of the legality of a par-
ticular action will be made from the facts, on a case by
case basis.
a. If there appears to be no foundation to the
allegation:
1. No record shall be made of the allegation in
either the accused or accuser's personnel
records.
2. A reiteration of the policy against sexual
harassment may be appropriate.
3. Bad faith allegations or use of this policy for
unintended purposes .may result in disciplinary
action against the accuser.
b. If a foundation for the allegation exists, disciplin-
art action against the offending employee will follow.
The disciplinary action will be commensurate with the
scope and severity of the occurrence, and may include,
'but is not limited to, demotion, suspension, dievery
missal, warnings or reprimands. Additionally,
effort shall be made to provide appropriate relief
for the victim.
PASSED BY THE City Council and approved by the Mayor of the
City of Meridian, this 16th day of January, 1984.
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G T P. KINGSF RD OR
ATTEST:
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~`~ Ja ]~'Niemann, City Clerk
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