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HARASSMENT AND RELATED INAPPROPRIATE CONDUCT
Sections:
4.15.010 Policy.
4.15.020 Definitions of sexual harassment.
4.15.030 Harassment.
4.15.040 Workplace violence.
4.15.050 Reporting harassment, sexual harassment and workplace violence.
4.15.010 Policy.
The City of Lakewood strongly disapproves of and does not tolerate unlawful harassment of any kind. Any harassment or offensive, inappropriate conduct that violates federal, state, or local laws or City policy is a violation of this policy and is grounds for discipline, up to and including termination. Such harassment includes harassment related to an individual’s race, color, creed, religion, national origin, ancestry, sex, sexual orientation or gender expression, age, military service, veteran status, marital status, disability, or any other applicable status protected by state or federal law. It is the responsibility of every employee to avoid offensive or inappropriate conduct and to ensure that the work environment is free from harassment. Any employee who believes he/she has been the subject of harassment should immediately file a formal written complaint to report the alleged act to his or her supervisor or department director or the Department of Employee Relations. Supervisors who receive these complaints shall immediately contact the Department of Employee Relations. The City of Lakewood, nor any of its employees, will not in any way retaliate against any individual who files such a complaint. Any individual found to have retaliated against an individual for filing such a complaint may be subject to whatever action the City deems appropriate, up to and including termination.
The City will act promptly to investigation reported harassment. Based on its investigation, the City may take whatever action it deems appropriate, up to and including termination, to achieve an immediate remedy when an allegation is determined to be valid. (Ord. O-2009-43 § 1, 2009; Ord. O-2007-7 § 1, 2007; Ord. O-2004-39 § 1, 2004; Ord. O-2001-49 § 1, 2001; Ord. O-99-34 § 1, 1999; Ord. O-99-18 § 1, (part), 1999).
4.15.020 Definitions of sexual harassment.
For the purposes of this policy, the term “sexual harassment” refers to any unwelcome sexual attention, sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature when:
A. submission to such conduct is made either explicitly or implicitly a condition of an individual’s employment, such as quid pro quo or an individual using power of his or her position. Also, using the power of one’s position, such as a supervisor with a subordinate, to gain favors or to coerce someone,
B. submission to or rejection of such conduct is used as the basis for employment decisions
C. such conduct unreasonably interferes with an individual’s work performance, or
D. such conduct creates an intimidating, hostile, or offensive working environment.
All employees are expected to conduct themselves in a professional and businesslike manner at all times. Conduct at work or outside of work that may violate this policy includes, but is not limited to, sexually implicit or explicit communications whether in:
A. Written form, including but not limited to e-mail, letters, notes, cartoons, posters, or calendars.
B. Oral form, including but not limited to comments, jokes, foul or sexually obscene language, gossiping, questions about another’s sex life, or repeated unwanted requests for dates.
C. Physical gestures and other nonverbal behavior, including but not limited to unwelcome touching, grabbing, fondling, kissing, massaging, and brushing up against another’s body. (Ord. O-2009-43 § 1, 2009; Ord. O-2007-7 § 1, 2007; Ord. O-2004-39 § 1, 2004; Ord. O-2001-49 § 1, 2001; Ord. O-99-34 § 1, 1999; Ord. O-99-18 § 1, (part), 1999).
4.15.030 Harassment.
The City prohibits all types of harassment. This policy applies to applicants, employees, volunteers, supervisors, and others. Classes protected from harassment include race, color, national origin, sex, sexual orientation and gender expression, ancestry, religion, disability, age, military, veteran, marital status, or any other applicable status protected by state or federal law. Unlawful harassment includes verbal or physical conduct that has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile, or offensive work environment. Actions based on an individual’s age over 40, race, sex, color, religion, ancestry, national origin, disability, or any other applicable status protected by state or local law will not be tolerated. Prohibited behavior includes not only physical force, but also verbal and/or abusive behavior, including, but not limited to the following:
A. Negative cartoons, e-mails, posters, drawings, photographs, or other visual material;
B. Verbal conduct such as derogatory comments, slurs, insults, comments threatening violence, demeaning or hostile remarks, or jokes;
C. Physical conduct such as assault or aggressive physical contact, tickling, bullying, horseplay that results in physical or emotional harm, and/or threatening or similar behavior.
Harassing behavior includes intimidating, menacing, tampering, stalking, erratic, explosive, or raging behavior. It may also include acting on negative stereotypes, hostile acts, and demeaning or hostile pranks. Any such behavior is considered harassment if a reasonable person could find such conduct creates a hostile situation or environment. It is not a hostile work environment for a supervisor to create legal, ethical expectations or position changes.
See Administrative Regulation “Harassment.” (Ord. O-2009-43 § 1, 2009; Ord. O-2007-7 § 1, 2007; Ord. O-2004-39 § 1, 2004; Ord. O-2001-49 § 1, 2001; Ord. O-99-34 § 1, 1999; Ord. O-99-18 § 1, (part), 1999).
4.15.040 Workplace violence.
All violent conduct is prohibited in the workplace. The City of Lakewood requires a work environment free of threats of violence, intimidation, and violent acts, and all employees and volunteers have the responsibility to report abusive or potentially dangerous conduct to management. In addition, employees must refrain from making bizarre or offensive comments regarding violent events and/or behavior. Employees should directly contact proper law
enforcement authorities if they believe there is a serious threat to the safety and health of themselves or others.
City employees, volunteers or contractors may not openly carry firearms into any workplace that has been posted with notice that the open carrying of firearms is prohibited. Any employee, volunteer, or contractor who has a concealed handgun permit and who desires to carry a concealed firearm into a municipal building that is not protected by security personnel and electronic screening devices must first notify the Department of Employee Relations. This restriction does not apply to those employees whose job description includes the carrying of firearms, such as sworn police personnel and court marshals.
In addition, no City employee, except for those whose job description includes the carrying of weapons, volunteer, or contractor shall bring any other weapons into the workplace. See Administrative Regulation “Workplace Violence.” (Ord. O-2009-43 § 1, 2009; Ord. O-2007-7 § 1, 2007; Ord. O-2004-39 § 1, 2004).
4.15.050 Reporting harassment, sexual harassment, and workplace violence.
The City of Lakewood will act promptly to investigate reported harassment, sexual harassment, and workplace violence. Based on its investigation, the City may take whatever action it deems appropriate, up to and including termination, upon completion of the disciplinary action process, and may effect an appropriate remedy when an allegation is determined to be valid.
Any employee who believes s/he has been the subject of unlawful harassment should file a formal complaint to report the alleged act immediately to his/her immediate supervisor or department director or to the Department of Employee Relations. Supervisors receiving such complaints shall immediately inform the Department of Employee Relations. Refer to the Administrative Regulations “Workplace Violence” and “Harassment.” (Ord. O-2009-43 § 1, 2009; Ord. O-2007-7 § 1, 2007; Ord. O-2004-39 § 1, 2004; Ord. O-2001-49 § 1, 2001).
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