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2017-12-18 - Ordinance 2017-054 - ADOPTING POLICY PROHIBITING SEXUAL HARRASSMENTORDINANCE NO. 2017 - 054 AN ORDINANCE ADOPTING A POLICY PROHIBITING SEXUAL HARASSMENT FOR THE VILLAGE OF BUFFALO GROVE WHEREAS, the Illinois General Assembly has recently enacted Public Act 100-0554, an Act concerning government, which became effective immediately, dated November 16, 2017; WHEREAS, pursuant to the Act, each governmental unit shall adopt an ordinance or resolution establishing a policy to prohibit sexual harassment; WHEREAS, all prior existing sexual harassment policies of the Village of Buffalo Grove shall be superseded by the Policy Prohibiting Sexual Harassment adopted by this Ordinance; and WHEREAS, should any section or provision of this Ordinance or the adopted Policy Prohibiting Sexual Harassment be declared to be invalid, that decision shall not affect the validity of this Ordinance or adopted Policy Prohibiting Sexual Harassment as a whole or any part thereof, other than the part so declared to be invalid; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS that: Section 1. The Policy Prohibiting Sexual Harassment, included with this Ordinance, is hereby adopted. Section 2. This Ordinance shall be in full force and effect from and after its passage and approval. This Ordinance shall not be codified. AYES: 6 — Berman, Stein, Ottenheimer, Weidenfeld, Johnson, Smith NAYES: 0 - None ABSENT: 0 - None PASSED: December 18, 2017. APPROVED: December 18. 2017. ro.41 "A.- FV �"--472 ozo-4 Own, illage President ATTEST: Janet . irabian, Village Clerk VILLAGE OF BUFFALO GROVE PERSONNEL MANUAL EQUAL EMPLOYMENT OPPORTUNITY Sections- 3.01 Policy & Responsibility 3.02 Anti -Harassment Policy A. Policy & Responsibility The Village of Buffalo Grove is firmly committed to providing equal employment opportunities to all applicants and employees. This commitment applies to all aspects of employment, training, compensation, promotion, discipline, discharge and other terms and coMitions of employment without regard to any legally protected category including (without limitation): race, color, religion, sex, sexual preference or sexual orientation, gender, gender identity or expression, national origin, citizenship status, ancestry, age, marital status, Civil Union status, military status, disability, genetic history, or unfavorable discharge from military service (except where provided by federal, state or local law), pregnancy, childbirth, or a medical condition related to pregnancy or child birth, or any other category protected by law. 1 4846-9144-1496.v1-12/8/2017 4:19 PM Alleged violations of this policy should be promptly reported to the Village Manager (or designee), Department Director, Division Director, Director of Human Resources or Deputy Village Manager. All such reports will be promptly investigated and remedied as appropriate. No retaliation will be taken or tolerated against any person who files a complaint, requests an accommodation, and/or participates in an investigation under this policy. B. Disability & Pregnancy Accommodation The Village of Buffalo Grove makes reasonable accommodations when necessary for all employees and/or applicants with disabilities and/or are affected by pregnancy, childbirth, or medical conditions related to pregnancy or childbirth, provided the individual is otherwise qualified to perform the essential functions of the job. The Village of Buffalo Grove prohibits discrimination on the basis of disability, pregnancy, or medical conditions related to pregnancy or child birth. Therefore, the Village of Buffalo Grove will not refuse to hire, segregate, or take any other employment action with respect to recruitment, hiring, promotion, renewal of employment, selection for training or apprenticeship, discharge, discipline, tenure or the terms, privileges or conditions of employment on the basis of pregnancy or disability. The Village of Buffalo Grove will not require an employee affected by a disability or pregnancy to take a leave of absence (against the employee's wishes) if another reasonable accommodation can be provided to the known medical conditions related to the disability, pregnancy or childbirth of that employee. Further, the Village of Buffalo Grove will not fail or refuse to reinstate an employee affected by pregnancy or other disability to his/her original job or to an equivalent position with equivalent pay, seniority, and benefits upon her signifying his/her intent to return to work or when the need for reasonable accommodation ceases, unless the Village of Buffalo Grove can demonstrate that the accommodation would impose an undue hardship on the Village of Buffalo Grove's operations. The Village of Buffalo Grove may request documentation from an employee's health care provider concerning: the need for the requested reasonable accormnodation(s); the medical justification for the requested accommodation(s); a description of the reasonable accommodation(s) that is medically advisable; the date the reasonable accommodation(s) became (or will become) medically advisable; and/or the probable duration of the reasonable accommodation(s). The Village of Buffalo Grove may deny an accommodation if it imposes an undue hardship. Employees and/or applicants are encouraged to discuss their need for a reasonable accommodation with Human Resources pursuant to an interactive discussion. C. Religious Accommodation We will attempt to make reasonable accommodations for an employee's observance of religious holidays and sincerely held religious beliefs. If you desire a religious accommodation, such as an exemption from the grooming or proper attire requirements, you are required to make the request in writing to your Supervisor as far in advance as possible. Employees should feel 2 4846-9144-1496.v1-12/8/2017 4:19 PM free to go directly to another member of Management at any time, whether or not the request has been communicated to their Supervisor. These issues will be addressed on a case -by -case basis. D. Anti -Harassment Policy The Village of Buffalo Grove is committed to providing its employees, vendors and visitors with a productive environment which is free of intimidation and harassment, whether based on race, color, religion, sex, sexual preference or sexual orientation, gender, gender identity or expression, national origin, citizenship status, ancestry, age, marital status, civil union status, military status, disability, genetic history, pregnancy, childbirth, or a medical condition related to pregnancy or child birth, or any other category protected by law. Harassment is a violation of federal, state and local laws. The Village will not tolerate harassment or retaliation of any kind in the workplace based on any legally protected status. Even if a situation does not rise to the level of unlawful harassment or retaliation, the offender may be subject to disciplinary action under this policy if the conduct is deemed to be unprofessional or inappropriate. Harassment consists of (not all inclusive) unwelcome, physical, visual or spoken conduct regarding any person's race, color, religion, sex, sexual preference or sexual orientation, gender, gender identity or expression, national origin, citizenship status, ancestry, age, marital status, Civil Union status, military status, disability, genetic history, pregnancy, childbirth, or a medical condition related to pregnancy or child birth, or any other category protected by law.. The Village will not tolerate harassing conduct that affects tangible job benefits, that interferes unreasonably with an individual's work performance, or that creates an intimidating, hostile, or offensive working environment. Such harassment may include, for example, epithets, slurs, derogatory remarks, negative stereotyping, jokes, kidding, and teasing directed at a person based on his or her protected status, or posting, displaying or circulating written or graphic material that denigrates or shows hostility or aversion to an individual because of such status. All employees must continue to act responsibly to help maintain a comfortable working environment free from harassment and intimidation. Any Village employee who violates this policy will be subject to disciplinary action, including termination. Sexual Harassment deserves special attention. Sexual Harassment means any unwelcome sexual advances, requests 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 receipt of Village services; or (2) Submission to or rejection of such conduct by an individual is used as the basis of any employment or service decision affecting the individual; or (3) Such conduct has the purpose or effect of substantially interfering with the work performance of an employee or creating an intimidating, hostile or offensive environment for employees, vendors or visitors. No manager, director, Supervisor, or other employee has the authority to engage in such conduct or to alter another employee's terms or conditions of employment based on the 3 4846-9144-1496.vl-12/8/2017 4:19 PM employee's refusal to submit to such conduct. The Village strictly prohibits its manager, directors, Supervisors and other employees from implying or suggesting that an applicant or employee's submission to or refusal to submit to sexual advances or participation in such sexual conduct is a condition of continued employment or receipt of any job benefit (including job assignment, compensation advancement, career development, or any other term or condition of employment). Examples of Sexual Harassment include (but not by way of limitation): (1) Pressure for sexual activity (subtle or overt); (2) Unwelcome touching or intimacy, including pinching, patting or hugging; (3) Insulting, degrading or obscene sexual remarks, innuendoes, jokes or conduct; (4) Posting or display of sexually offensive or degrading materials in the workplace such as pictures or cartoons; (5) Epithets, slurs, derogatory remarks or negative stereotyping based on gender; (6) Comments about sex life or body parts; and (7) Repeatedly asking out for a date someone who has refused. All employees are encouraged to raise questions that they may have regarding these issues with his or her Department Director, the Director of Human Resources or the Deputy Village Manager. Any Village employee who feels he or she has been the victim of any type of harassment from anyone, including Supervisors, staff, co-workers, or in some cases non - employees such as vendors or visitors, should report the matter immediately to his or her Department Director, the Director of Human Resources, or the Deputy Village Manager. Likewise, any employee who believes he or she is being discriminated against because other employees are receiving favored treatment in exchange for sexual favors, should bring this to the attention of his or her Department Director, the Director of Human Resources or the Deputy Village Manager. Employees are permitted to submit a confidential report of harassment; however employees are encouraged to provide as much information as possible about the allegations so that the Village can effectively investigate and remedy (if appropriate) any Policy violation(s). The very nature of harassment and discrimination make it virtually impossible to detect unless the employee being harassed registers a complaint with an appropriate Village representative. All complaints of harassment are serious. Thorough and appropriate investigations of complaints will be conducted promptly. Appropriate measures will be taken to keep the complaint as confidential as possible and appropriate based on the circumstances involved. There will be no retaliation or reprisals of any kind against any person for having made an inquiry, complaint or report of sexual harassment or discrimination, or for participating in an investigation of sexual harassment or discrimination (regardless of the outcome). Further, under the Illinois Human Rights Act (775 ILCS 5/6), the Illinois Whistleblower Act (740 ILCS 174/5), and the State Employee Ethics Act (5 ILCS 430) it is a crime to retaliate, or to conspire to 4 4846-9144-1496.v1-12/8/2017 4:19 PM retaliate, against an employee because the employee has opposed an action that the employee reasonably believes to be unlawful discrimination or harassment or because the employee has participated in an investigation of harassment or discrimination. However, an employee who knowingly makes a false report of harassment will be subject to discipline including immediate termination for a first offense if deemed warranted to remedy the situation. Village Procedure for Reporting Harassment: (1) An employee who believes he or she has been the subject of any form of harassment or discrimination should iinmediately make a complaint to his or her Department Director, Director of Human Resources or Deputy Village Manager. (2) The Department Director or Deputy Village Manager will document any reported incident and promptly forward the complaint to the Director of Human Resources. The Director of Human Resources will notify the Village Manager that a complaint has been made. (3) A prompt and thorough investigation of all allegations will be conducted and all persons will be treated respectfully. The investigation will be coordinated by the Director of Hainan Resources (or designee) and will generally follow the following procedures when appropriate: (a) The complaining employee, the alleged wrongdoer and any witnesses, as appropriate, will be interviewed as part of the investigation; (b) A record of the complaint and findings will be prepared and become part of the complaint investigation file; (c) The complaint investigation file generally will be maintained separately from any employee's personnel file; (d) Registering a complaint (or participating in a complaint investigation) will in no way be used against an employee, nor will it have any adverse impact on the complaining individuals' employment. (4) The Village Manager, the Deputy Village Manager, the Department Director and/or the Director of Human Resources (or its/their authorized designees) will review the results of the investigation, unless one of them happens to be the alleged harasser. Any Village employee who is found after appropriate investigation to have violated this policy will be subject to corrective action, including disciplinary action, up to and including termination. Disciplinary actions can range from issuance of a documented warning up to and including termination of employment, depending on the evidence uncovered in the investigation and the nature and severity of the offense. A written record of each action taken pursuant to this policy will be maintained separately from any employee's personnel file. The record will reflect a summary of the conduct or alleged conduct and the disciplinary measure(s), if any, imposed. The 5 4846-9144-1496.v 1 -12/8/2017 4:19 PM complaining employee and alleged wrongdoer generally will receive written notification regarding the outcome of the investigation upon its completion. An employee who files an internal complaint of harassment or discrimination may also be able to file such complaint with the Illinois Department of Human Rights by contacting the Illinois Department of Human Rights (IDHR) at the James R. Thompson Center, 100 Randolph Street, Suite 10-100, Chicago, Illinois 60601. The IDHR will investigate an employee's complaint, and if it determines that there is sufficient evidence of harassment to proceed further, it will file a complaint with the Illinois Human Rights Commission (HRC), located at the same address on the fifth floor. If the IDHR does not complete its investigation within 365 days, an employee may file a complaint directly with the HRC between the 365th and the 395th day. The prohibition against sexual harassment, discrimination and/or retaliation toward any employee also extends to acts, conduct or statements made by a Village official (elected or appointed), agent, lobbyist, attorney, vendor, and/or others who do business with the Village — even if such persons are not employed by the Village and/or compensated for their services by the Village (collectively referred to as the "Vendors"). Therefore, this anti -harassment policy requires the support and example of Village personnel in positions of authority as well as those Vendors (defined above) who do business with the Village. Employees, officials or agents of the Village who engage in harassment or retaliation or who fail to cooperate with a Village sponsored investigation of harassment or retaliation will be subject to remedial action, including disciplinary measures such as termination for even a first offense if deemed justified by the facts involved. Likewise, employees, officials or agents of the Village who refuse to implement remedial measures, obstruct remedial efforts of other Village employees and/or retaliate against complainants or witnesses will be subject to disciplinary measures. All employees and other personnel, including elected and appointed officials or other vendors (as defined earlier), are required to review and sign a copy of this Village Anti - Harassment Policy to acknowledge their commitment to refraining from engaging in harassment against any Village employee. By signing a copy of this policy, each person acknowledges its receipt, and his or her agreement to act in accordance with the guidelines set forth above and as they may from time to time be modified by the Village for business reasons or as required by law. An employee who believes that he or she has been the subject of harassment or retaliation for complaining about harassment may also contact the Illinois Department of Human Rights at (312) 814-6200. 6 4846-9144-1496.v1-12/8/2017 4:19 PM VILLAGE OF BUFFALO GROVE ANTI -HARASSMENT POLICY ACKNOWLEDGMENT FORM I hereby acknowledge receipt of the Village of Buffalo Grove Anti -Harassment Policy. agree and represent that I have read this Policy in its entirety. I understand and will comply with the Village of Buffalo Grove Anti -Harassment Policy, including the anti -retaliation provisions set forth in the Policy. If I am a vendor to the Village (as defined in the Policy), including an elected or appointed official, I understand that it is my obligation to refrain from any form of sexual harassment against any Village employee. Signature Print Name Department 7 4846-9t44-1496.v1-12/8/2017 4:19 PM Date