3.50.010 Antiharassment/nondiscrimination policy.
The district is committed to providing a workplace that is free of verbal, physical and visual forms of harassment so that everyone can work in a productive, respectful and professional environment. Harassment in employment that is based on sex, race, color, national origin, creed, sexual orientation, religion, age, disability or any other basis prohibited by federal, state or local law is strictly prohibited. The district does not tolerate harassment by anyone in the workplace, whether by supervisors, coworkers or nonemployees. Employees who violate this policy are subject to discipline, up to and including termination.
(1) Examples of harassment based on race, color, national origin, religion, sexual orientation, age or disability include, but are not limited to:
(a) Memos, emails, cartoons or other visual displays of objects, pictures or posters that depict such groups or individuals in a derogatory way; or
(b) Verbal conduct, including making or using derogatory comments, epithets, slurs and jokes towards individuals or such groups.
(2) “Sexual harassment” is generally defined as unwelcome sexual advances, requests for sexual favors, or other visual, verbal or physical conduct of a sexual nature when:
(a) Submission to such conduct is made either explicitly or implicitly a term or condition of employment; or
(b) Submission to or rejection of such conduct affects employment opportunities; or
(c) The conduct interferes with an employee’s work or creates an intimidating, hostile or offensive work environment.
(3) Sexual harassment includes harassment based on another person’s gender or harassment based upon pregnancy, childbirth or other related medical conditions. It also includes harassment of another employee of the same gender as the harasser.
Examples of sexual harassment include, but are not limited to, the following types of behavior:
(a) Unwelcome sexual advances, like requests for dates or propositions for sexual favors;
(b) Excessive one-sided, romantic attention in the form of love letters, telephone calls, emails or gifts;
(c) Offering or conditioning an employment benefit, such as a raise, a promotion or a special job assignment, in exchange for sexual favors;
(d) Making or threatening reprisals, or changing performance expectations after an employee has turned down a sexual advance;
(e) Visual conduct, like leering, making sexual gestures, or displaying sexually suggestive objects, pictures, cartoons, calendars or posters in the workplace;
(f) Verbal conduct or written material (including emails or other electronic documents), like making or using derogatory comments, epithets, slurs, teasing and jokes of a sexual nature;
(g) Graphic verbal or written comments (including emails or other electronic documents) about an individual’s sex life or body;
(h) Sexually degrading words used to describe an individual;
(i) Suggestive or obscene letters, emails, notes or invitations; and
(j) Unwelcome physical conduct, including pats, hugs, brushes, touches, shoulder rubs, assaults, or impeding or blocking movements.
This policy is also violated if an employee is fired, denied a job or denied some other employment benefit because the employee refused to grant sexual favors, complained about harassment or assisted in an investigation of harassment.
The district is committed to taking reasonable steps to prevent harassment from occurring and will take immediate and appropriate action when unlawful harassment is reported. To do this, however, the district needs the cooperation of all employees at all levels.
Each employee is responsible for reporting and adhering to this policy. Employees should never tolerate inappropriate behavior. They should make their feelings known to the offending employee. In many cases, if an employee makes his/her feelings known to the offending person, tells him/her that the conduct is not appropriate and tells him/her to stop, this may take care of the situation. However, if any employee is not comfortable doing this, then they should promptly report any offending behavior, whether such behavior is directed towards them personally or towards other employees of the district, to their immediate supervisor, the district manager or a commissioner of the district. Employees are encouraged to report concerns about discrimination or harassment before behaviors become severe or pervasive. Supervisors and managers who know or receive reports of offending behavior shall promptly notify the district manager or a commissioner of the district so that appropriate action can be taken.
The district will promptly and thoroughly investigate all claims of harassment. Complaints of discrimination or harassment will be handled with sensitivity, discretion and confidentiality to the extent allowed by the circumstances and the law. Generally, this means that the allegations of discrimination or harassment are shared with those who have a need to know so that the district can conduct an effective investigation and take appropriate action to prevent any further violation of this policy.
The complaining employee will usually be requested to provide as many details as possible, such as the date(s), location(s), name(s) of witnesses, or information about the alleged harasser(s). Persons with relevant information will be interviewed. During the investigation, steps may be taken, when appropriate, to minimize contact between the complaining employee and the alleged harasser. After the investigation is completed, the district will share its findings with the complaining employee, the alleged harasser, and if appropriate other employees directly concerned with the incident.
If the district concludes that unlawful harassment has occurred, prompt and effective remedial action will be taken. This may include discipline of the harasser up to and including termination and other actions to remedy the effects of the harassment and to prevent further harassment. No action will be taken against any employee who in good faith files a complaint of harassment or who assists in the investigation of such complaint by providing information. Employees who believe they have been retaliated against for having reported harassment or participated in an investigation of a harassment complaint are urged to promptly notify the district manager or a commissioner of the district so their concerns may be investigated. Appropriate corrective measures will be taken if allegations of retaliation are substantiated. [Res. 647 § 2 (Exh. A), 2010.]