HomeMy WebLinkAboutResolutions - 20-4 - 03/02/2020 - Anti-Harassment Policy RESOLUTION 20-4
RESOLUTION ADOPTING A REVISED ANTI-HARASSMENT POLICY
WHEREAS, the Illinois General Assembly has recently enacted Public Act 101-0221, an Act
concerning government, which signed into law August 9, 2019 and requires municipalities to adopt an
ordinance or resolution amending their sexual harassment policy to provide for a mechanism for re-
porting and independent review of allegations of sexual harassment made against an elected official of
the governmental unit by another elected official of a governmental unit; and
WHEREAS, pursuant to PA 101-0221, a policy has been drafted that complies with said Public
Act and all prior policies prohibiting harassment, including sexual harassment, shall be superseded by
the Anti-Harassment Policy adopted by this resolution.
NOW, THEREFORE, BE RESOLVED by the CITY COUNCIL of the CITY OF McHENRY,
McHenry County, Illinois, that the Anti-Harassment Policy, attached hereto and made a part hereof, is
hereby adopted.
Passed this 2nd day of March, 2020.
Ayes Nays Absent Abstain
Alderman Devine
Alderman Glab �✓
Alderman Harding
Alderman Mihevc k
Alderwoman Miller a'
Alderman Santi a'
Alderman Schaefer X
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Wayne Ael, M or Trisha amel, City Clerk
(SEAL)
ANTI-HARASSMENT POLICY
A. Introduction
The City of McHenry (the "City") desires to have a professional working environment for its
employees so that they may carry out their duties in productive and positive surroundings.
Although conduct may not rise to the level of unlawful harassment from a legal perspective, the
City wants to protect its employees from abuse and to prevent conduct from becoming so severe
or pervasive as to alter the conditions of an employee's employment, create an abusive,
intimidating or hostile working environment, or result in a tangible employment action.
Accordingly, the City has adopted a "zero tolerance" policy against harassment. Harassment is
unwarranted and unwanted verbal or nonverbal conduct that threatens, intimidates, annoys or
insults another person where such conduct has the purpose or effect of creating an offensive,
intimidating, degrading and/or hostile working environment and/or interferes with and/or
adversely affects a person's performance.
The City prohibits any form of unlawful harassment against its employees and applicants for
employment based on actual or perceived factors such as sex(including sexual harassment, gender
harassment, and harassment based on pregnancy, childbirth, or related medical conditions), race,
color, creed, religion, ancestry, national origin, age, mental or physical disability, marital status,
order of protection status, military status,unfavorable discharge from military service, citizenship
status, sexual orientation including gender-related identity whether or not traditionally associated
with the person's designated sex at birth,or any other basis prohibited by applicable federal, state,
or local fair employment laws or regulations.
B. Sexual Harassment
With respect to sexual harassment,the City prohibits any unwelcome sexual advances,request for
sexual favors, and other verbal or physical conduct of a sexual nature when:
1. submission to such conduct is made either explicitly or implicitly a term or
condition of an individual's employment; or
2. submission to or rejection of such conduct by an individual is used as the basis for
employment decisions affecting such individual; or
3. such conduct may have the purpose or effect of unreasonably interfering with an
individual's work performance; or
4. such conduct may create an intimidating, hostile, or offensive working
environment.
Examples of the types of conduct that would violate the City's policy including the following:
• Verbal: sexual innuendos, suggestive comments, insults, humor, and jokes about sex,
anatomy or gender-specific traits, sexual propositions, threats,repeated requests for dates,
or statements about other employees, even outside of their presence, of a sexual nature.
• Non-verbal: suggestive or insulting sounds(whistling),leering,obscene gestures,sexually
suggestive bodily gestures, "catcalls", "smacking" or"kissing"noises.
• Visual:posters,signs,pin-ups or slogans of a sexual nature,viewing pornographic material
or websites.
• Physical: touching, unwelcome hugging or kissing, pinching, brushing the body, any
coerced sexual act or actual assault.
• Textual/Electronic: "sexting" (electronically sending messages with sexual content,
including pictures and video), the use of sexually explicit language, harassment, cyber
stalking and threats via all forms of electronic communication (e-mail, text/picture/video
messages, intranet/on-line postings, blogs, instant messages and social network websites
like Facebook and Twitter).
The most severe and overt forms of sexual harassment are easier to determine. On the other end of
the spectrum, some sexual harassment is more subtle and depends, to some extent, on individual
perception and interpretation. The courts will assess sexual harassment by a standard of what
would offend a"reasonable person."
Both opposite sex and same sex harassment are prohibited under this policy.
C. Other Forms of Harassment
With respect to other forms of harassment, the City prohibits slurs or other verbal or physical
conduct relating to matters such as actual or perceived race, color, creed, religion, ancestry,
national origin, age, mental or physical disability, marital status, order of protection status,
pregnancy, military status, unfavorable discharge from military service, citizenship status, sexual
orientation including gender-related identity whether or not traditionally associated with the
person's designated sex at birth, or any other basis prohibited by applicable federal, state, or local
fair employment laws or regulations which:
1. may have the purpose or effect of creating an intimidating,hostile,or offensive working
environment; or
2. may have the purpose or effect of unreasonably interfering with an individual's work
performance; or
3. otherwise may adversely affect an individual's employment opportunities.
D. Coverage of the Policy
1. The City's "zero-tolerance" policy with respect to harassment applies to conduct in or
connected to the workplace, whether it is physical or verbal, and whether it is committed
by City officials, department heads, fellow employees or non-employees (such as
customers,vendors, suppliers, or business invitees). The conduct prohibited by this policy
is not only unacceptable in the workplace itself but also at any other work-related setting
such as holiday parties, gatherings or other work-related social events, on business trips,
and at conferences, seminars, educational gatherings, and other meetings. Each City
official and department head is responsible for creating an atmosphere free of harassment,
whether it is sexual or another form of harassment. In addition, all employees are
responsible for respecting the rights of their fellow employees and for cooperating in any
investigation of alleged harassment.
2. Responsibilities:
Each employee is responsible for assisting in prevention of harassment through the following acts:
• Refraining from participation in, or encouragement of, actions that could be perceived
as harassment;
• Reporting acts of harassment; and
• Encouraging any employee,who confides that he/she is being harassed,to report these
acts of harassment.
Each supervisor shall be responsible for preventing acts of harassment. These responsibilities
include:
• Monitoring the workplace environment on a daily basis for signs that harassment may
be occurring.
• Counseling all employees on the types of behavior prohibited and the City's procedures
for reporting and resolving complaints of harassment.
• Stopping any observed acts that may be considered harassment and taking appropriate
steps to intervene, whether or not the involved employees are within his/her line of
supervision.
• Taking immediate action to limit the work contact between employees where there has
been a complaint of harassment,pending investigation.
Each supervisor has the responsibility to assist any employee, who comes to that individual with
a complaint of harassment, in documenting and filing a complaint in accordance with this policy.
Failure to take action to stop known harassment will result in disciplinary action up to and
including termination of employment.
E. Reporting and Investigating Alleged Harassment
While the City encourages individuals who believe they are being harassed to firmly and promptly
notify the offender that his or her behavior is unwelcome,the City also recognizes that power and
status disparities between an alleged harasser and a target may make such a confrontation
impossible. In the event that such informal, direct communication between individuals is either
ineffective or impossible,or even when such communication between the individuals has occurred,
the following steps should be taken to report a harassment complaint:
1. Reporting of the Incident: All City employees and officials are urged to report any
suspected harassment by another employee or official to the Human Resources Director,
except where the Human Resources Director is the individual accused of harassment. In
that case, the complaint should be reported to the City Administrator. If the victim prefers
to report the suspected harassment to someone of the opposite sex from that of the Human
Resources Director or City Administrator, the complaint can be reported to a Director.
Elected officials may report an incident to a council member in accordance with paragraph
F of this policy. The report may be made initially either orally or in writing, but reports
made orally must be reduced to writing before an investigation can be initiated and a
resolution achieved.
2. Investigation of the Complaint: When a complaint has been reduced to writing, the City
Administrator, or person receiving the complaint, will initiate an investigation of the
suspected harassment. The investigation will include an interview with the individual(s)
who made the initial report, the person(s) toward whom the suspected harassment was
directed, and the individual(s)accused of the harassment. Any other person who may have
information regarding the alleged harassment may also be interviewed.
3. Preparation of a Written Report: The person responsible for investigating the complaint
shall prepare a written report. The report shall include a finding that harassment occurred,
harassment did not occur, or there is inconclusive evidence as to whether harassment
occurred.A copy of the report will be given to the individual(s)who made the initial report,
the person(s) to whom the suspected harassment was directed, and the individual(s)
accused of the harassment.
Where a hostile work environment has been found to exist,the City will take all reasonable
steps to eliminate the conduct creating such an environment.
4. Keeping of Records and the Confidentiality of Such Records: Employees or other persons
who report incidents of harassment are encouraged to keep written notes in order to
accurately record the offensive conduct. Every effort shall be made to keep all matters
related to the investigation and various reports confidential to the extent possible. In the
event of a lawsuit,however,the City advises that those records maintained by the City and
any records maintained by the complainant may not be considered privileged from
disclosure.
F. Harassment Allegations by Elected Officials Against Other Elected Officials
Alleged harassment by one elected official against another can be reported to the Mayor. If the
Mayor is the person reporting the harassment or is implicated by the allegation, the report can be
made to any other Alderman. If a complaint is made against an elected official of the City by
another elected official of the City under this Section, the matter must be referred to the City's
legal counsel. The allegations of the complaint will be thoroughly investigated through an
independent review, which may include referring the matter to a qualified, independent attorney
or consultant to review and investigate the allegations. Further,reasonable remedial measures will
be taken as determine by the other Aldermen who are not the complainant or the official who is
the subject of the complaint.
G. Time Frame for Reporting Harassment
The City encourages prompt reporting of complaints so that rapid response and appropriate action
may be taken. Thus,all complaints should be reported within six months of the alleged harassment.
H. No Retaliation
No City official or employee shall take any retaliatory action against any City employee due to a
City employee's:
1. Disclosure or threatened disclosure of any violation of this policy,
2. The provision of information related to or testimony before any public body conducting an
investigation, hearing or inquiry into any violation of this policy, or
3. Assistance or participation in a proceeding to enforce the provisions of this policy.
For the purposes of this policy, retaliatory action means the reprimand, discharge, suspension,
demotion, denial of promotion or transfer, or change in the terms or conditions of employment of
any City employee that is taken in retaliation for a City employee's involvement in protected
activity pursuant to this policy.
No individual making a report will be retaliated against even if a report made in good faith
is not substantiated. In addition, any witness will be protected from retaliation.
Similar to the prohibition against retaliation contained herein, the State Officials and Employees
Ethics Act (5 ILCS 430/15-10) provides whistleblower protection from retaliatory action such as
reprimand, discharge, suspension, demotion, or denial of promotion or transfer that occurs in
retaliation for an employee who does any of the following:
1. Discloses or threatens to disclose to a supervisor or to a public body an activity, policy, or
practice of any City officer or employee that the City employee reasonably believes is in
violation of a law, rule, or regulation,
2. Provides information to or testifies before any public body conducting an investigation,
hearing, or inquiry into any violation of a law, rule, or regulation by any City officer or
employee, or
3. Assists or participates in a proceeding to enforce the provisions of the State Officials and
Employees Ethics Act.
Pursuant to the Whistleblower Act (740 ILCS 174/15(a)), an employer may not retaliate against
an employee who discloses information in a court,an administrative hearing,or before a legislative
commission or committee, or in any other proceeding, where the employee has reasonable cause
to believe that the information discloses a violation of a State or federal law,rule,or regulation. In
addition, an employer may not retaliate against an employee for disclosing information to a
government or law enforcement agency, where the employee has reasonable cause to believe that
the information discloses a violation of a State or federal law, rule, or regulation. (740 ILCS
174/15(b)).
According to the Illinois Human Rights Act (775 ILCS 5/6-101), it is a civil rights violation for a
person, or for two or more people to conspire, to retaliate against a person because he/she has
opposed that which he/she reasonably and in good faith believes to be sexual harassment in
employment, because he/she has made a charge, filed a complaint, testified, assisted, or
participated in an investigation,proceeding, or hearing under the Illinois Human Rights Act.
An employee who is suddenly transferred to a lower paying job or passed over for a promotion
after filing a complaint with IDHR or EEOC, may file a retaliation charge—due within 180 days
(IDHR) or 300 days (EEOC) of the alleged retaliation.
I. Disciplinary Action
If any City employee engages in conduct that violates this policy, or other conduct that the City
believes is unprofessional, that employee will be subject to discipline up to and including
termination of employment. In addition to any and all other discipline that may be applicable
pursuant to municipal policies, employment agreements,procedures, employee handbooks and/or
collective bargaining agreement, any person who violates the Prohibition on Sexual Harassment
contained in 5 ILCS 430/5-65, may be subject to a fine of up to $5,000 per offense.
J. Consequences for Knowingly Making a False Report of Sexual Harassment Pursuant
to 5 ILCS 430/70-5
A false report is a report of sexual harassment made by an accuser using the sexual harassment
report to accomplish some end other than stopping sexual harassment or retaliation for reporting
sexual harassment. A false report of sexual harassment is not defined as a report made in good
faith but which cannot be proven. Rather, a false complaint of sexual harassment is defined as
an intentionally made false or frivolous report or bad faith allegation. Given the seriousness of the
consequences for the accused, any person who intentionally makes a false report alleging sexual
harassment shall be subject to discipline up to and including termination of employment.
In addition,any person who intentionally makes a false report alleging a violation of any provision
of the State Officials and Employees Ethics Act to an ethics commission, an inspector general,the
State Police, a State's Attorney, the Attorney General, or any other law enforcement official is
guilty of a Class A misdemeanor. An ethics commission may levy an administrative fine of up to
$5,000 against any person who intentionally makes a false, frivolous or bad faith allegation.
K. External Procedures
The City hopes that any incident of harassment can be resolved through the internal procedures
outlined above. Employees of the City, however, have the right to file formal harassment charges
including charges of retaliation with the Illinois Department of Human Rights(the"IDHR")and/or
with the Equal Employment Opportunity Commission (the "EEOC"). A charge with the IDHR
must be filed within 180 days of the harassing incident. A charge with the EEOC must be filed
within 300 days of the incident. It is unlawful-for an employer to retaliate against an employee for
filing a charge of harassment with the IDHR or the EEOC.
The IDHR may be conducted as follows:
Chicago: (312) 814-6200 Chicago TDD: (312) 263-1579
Springfield: (217) 785-5100 Springfield TDD: (217) 785-5125
The EEOC may be conducted as follows:
Chicago: (312) 353-2713 Chicago TDD: (312) 353-2421
F: Chicago: (800) 669-4000 Chicago TDD: (800) 669-6820