Article 51 Anti-Harassment and Non-Discrimination

ARTICLE 51 ANTI-HARASSMENT AND NONDISCRIMINATION

PURPOSE

The City of Coral Springs is committed to providing a work environment in which all employees are treated with respect and dignity. Employees have the right to work in a professional atmosphere that promotes equal employment opportunities and prohibits unlawful discriminatory practices, including harassment. Therefore, the City expects that all relationships will be businesslike and free of discrimination and harassment.

The City has developed this policy to ensure that all its employees can work in an environment free from unlawful harassment, discrimination and retaliation. The City will make every reasonable effort to ensure that employees are familiar with this policy and aware that any complaint in violation of this policy will be taken seriously, investigated timely, and resolved appropriately.

SCOPE

This policy applies to all employees when related to conduct engaged in by fellow employees or by someone not directly connected to the City (e.g., an outside vendor, consultant, customer). Conduct prohibited by this policy is unacceptable in the workplace and in any work-related setting outside the workplace such as during business trips, business meetings, community events, workshops, focus groups, and business-related social events.

Non-employees, such as City volunteers, interns, and board and committee members are also expected to treat employees and each other with respect and dignity.

POLICY

Definition

Sexual Harassment: Sexual harassment constitutes discrimination and is illegal. It is defined as unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when, for example: a) submission to such conduct is made either an expressed or implied term or condition of employment, b) submission to or rejection of such conduct is used as a basis for an employment decision affecting the harassed employee, or c) such conduct has the purpose or effect of unreasonably interfering with an employee’s work performance or creating an intimidating, hostile or offensive work environment.

Sexual harassment may include a range of subtle and not-so-subtle behaviors and may involve individuals of the same or different gender. These behaviors may include unwanted sexual advances or requests for sexual favors; sexual jokes and innuendos; verbal abuse of a sexual nature; commentary about an individual’s body, sexual prowess

or sexual deficiencies; leering, whistling or touching; insulting or obscene comments or gestures; display of sexually suggestive objects or pictures; and other physical, verbal or visual conduct of a sexual nature.

Harassment: Harassment on the basis of any other protected characteristic is also strictly prohibited. Harassment is verbal, written or physical conduct or mental intimidation that shows hostility or aversion toward an individual because of his or her race, color, religion, sex, sexual orientation, gender identity or expression, age, disability, marital status, citizenship, genetic information, or any other characteristic protected by law, or that of his or her relatives, friends or associates, and that: a) has the purpose or effect of creating an intimidating, hostile or offensive work environment, b) has the purpose or effect of unreasonably interfering with an individual’s work performance, or c) otherwise adversely affects the employee’s employment opportunities.

Harassing conduct includes gossiping; slurs or negative stereotyping; threatening, intimidating or hostile acts; denigrating jokes; and written or graphic material that denigrates or shows hostility or aversion toward an employee or group that is placed on walls or elsewhere on the employer’s premises or circulated in the workplace, on company time or using company equipment by email, phone (including voice messages), text messages, social networking, sites or other means.

Bullying is another term that may be used for harassment. Bullying is defined as the use of force, threat, or coercion to abuse, intimidate, or aggressively dominate others. The behavior is often repeated and habitual and is strictly prohibited by the City.

Provisions

1. Employees shall not commit an act of harassment or sexual harassment against any other employee or nonemployee. An employee who commits a violation of this provision shall be subject to discipline up to and including termination

2. All levels of supervisors share responsibility for communicating this policy, for recognizing, responding and taking corrective actions, and/or preventing harassment of City employees.

3. Employees who feel they are a victim of harassment are encouraged to advise the individual instigating the harassment that the conduct or behavior is unwelcome and offensive. If the behavior continues, the employee should immediately report the behavior as outlined in Procedures #1 below.

Reporting Procedures

1. Employees should report their complaint immediately to a member of their direct management (chain of command) or the Director of Human Resources (or designee).

2. If the employee made the complaint to a member of their direct management, the management employee will notify the Director of Human Resources (or designee) and the Office of Professional Standards of the complaint.

3. The Office of Professional Standards shall monitor and investigate violations of this Article.

4. The City will provide an administrative response in a timely and reasonable manner (within 30 days, if possible). The response will indicate corrective actions, if any, to the employee filing the complaint and to the individual(s) involved in the complaint.

5. If the employee perceives the situation to be threatening, he or she may request authorization, verbally or in writing, to use accrued annual leave or leave without pay or request a temporary job transfer. Approvals will be determined on a caseby-case basis by the department director and Director of Human Resources (or designee).

6. Disciplinary and/or corrective actions shall be imposed based upon the severity of confirmed harassment.

7. Confidentiality shall be maintained to the extent allowed by law to the persons involved in any investigation of a complaint. Unnecessary disclosures shall be prohibited.

8. Employees exercising their rights by filing a complaint in good faith will not be retaliated against by the City regardless of the findings of the investigation. However, any employee found to have provided false or misleading information or does not fully cooperate with an investigation when filing a complaint may be subject to disciplinary action.