HomeMy WebLinkAbout6 Anti Harassment Policy T
'"` Agenda Item #
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Memorandum
To: Board of Directors
From: Peter Holzmeister
Date: October 14, 2005
Subject: Nondiscrimination and Anti-Harassment Policy
Why this matter is before the Board: This matter involves adoption of a
nondiscrimination and anti-harassment policy. Only the Board can adopt such a
policy.
History: This matter was the subject of a workshop at the last Board meeting.
We discussed that Government Code Section 12950.1 requires the District to
conduct at least two hours of training each year for supervisors so they
understand the requirement of the law applied to sexual harassment prevention.
Attached for your review is that Section of the Government Code. We also
discussed the attached draft policy which, if enacted by the Board of Directors,
would establish the District's policy prohibiting discrimination and harassment
based on sex, race, religion, color, national origin, age, disability, or any other
factor prohibited by law. Based on an adopted anti-harassment policy we would
then conduct the required training for supervisors, and ultimately for all
employees.
New information: Steve Gross has reviewed the policy and finds that the draft,
as presented to the Board, satisfactorily meets the requirements of the law, so no
changes are being proposed.
Recommendation: I recommend that the Board adopt the attached resolution
enacting a Nondiscrimination and Anti-Harassment Policy
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R` solution No. 2005 - XXX
Policy Prohibiting Discrimination and Harassment
WHEREAS, the Board of Directors of the Truckee Donner Public Utility District wishes to
provide a business environment that is free of unlawful discrimination and harassment; and
WHEREAS the District wishes to establish a procedure by which persons who are
subjected to discrimination or harassing behavior may have it addressed and corrected;
and
WHEREAS Government Code Section 12950.1 requires the District to conduct at least two
hours of training each year for supervisors so they understand the requirement of the law
applied to sexual harassment prevention;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF DIRECTORS OF TRUCKEE
DONNER PUBLIC UTILITY DISTRICT that:
The policy Prohibiting Discrimination and Harassment is hereby adopted.
PASSED AND ADOPTED by the Board of Directors at a meeting duly called and held
within the District on the nineteenth day of October, 2005 by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
J. Ron Hemig, President
ATTEST:
Peter L. Holzmeister, District Clerk
DRAFT
Policy Prohibiting Discrimination and Harassment
1. Discrimination prohibited: It is the express policy of the Truckee Donner Public
Utility District to conduct its business such that no employee, applicant for
employment, customer, supplier, contractor or any other person who does business
with the District or interacts with the District in any manner is subjected to
discrimination on the basis of sex, race, religion, color, national origin, age, disability,
sexual orientation, marital status or any other factor prohibited by law.
2. Equal opportunity in employment: It is the policy of the District to provide equal
employment opportunity in all aspects of the employer-employee relationship,
including recruiting, hiring, upgrading and promoting, training, education assistance,
social and recreational programs, compensation, benefits, transfers, discipline, layoff,
recall and all privileges and conditions of employment.
3. Harassment defined: Harassment is a form of employee misconduct which
undermines the integrity of the employment relationship or the relationship with the
public. Harassment is behavior which is unwelcome, which is offensive to a
reasonable person, which lowers morale, interferes with work.
4. Sexual harassment defined: Sexual harassment is defined as unwelcome
sexual advances, requests for sexual favors, and other verbal or physical conduct of
a sexual nature, when:
a. Submission to the conduct is made either explicitly or implicitly a condition of
employment;
b. Submission to or rejection of the conduct is used as the basis for an employment
decision affecting the harassed employee;
c. Such conduct has the purpose or effect of substantially interfering with the
employee's work performance or creates an intimidating, hostile or offensive work
environment.
5. Other forms of prohibited harassment: Harassment on the basis of race,
religion, national origin, citizenship, age, or disability deserves special mention as
well and is expressly prohibited. Harassment includes any verbal, written, or physical
act in which race, religion, national origin, citizenship, age, or disability is used or
implied in a manner that would make another person uncomfortable in the work
environment or that would interfere with another person's ability to perform his or her
job. Examples of harassment include inappropriate comments or jokes; the display
or use of offensive objects or pictures; use of offensive language; or any other
inappropriate behavior which has the purpose or effect of discriminating on the basis
of race, religion, national origin, citizenship, age, or disability.
1 Discrimination & harassment policy
6. How to report instances of harassment or retaliation: The District cannot
resolve matters that are not brought to its attention. Any employee, regardless of
position, who has a complaint of or who witnesses harassment or retaliation at work
by anyone, including supervisors, managers, employees or even non-employees, has
a responsibility to immediately bring the matter to the District's attention. If the
complaint or observation involves someone in the employee's direct line of
command, or if the employee is uncomfortable discussing the matter with his or her
direct supervisor, the employee is urged to go to the General Manager or the Human
Resources Administrator,
7. How the District will investigate complaints: The District will thoroughly and
promptly investigate all claims of harassment or retaliation. The District will meet with
the complaining employee to discuss the results of the investigation and, where
appropriate, review the proposed resolution of the matter.
If an investigation confirms that harassment or retaliation has occurred, the District
will take corrective action, including such discipline up to and including immediate
termination of employment, as is appropriate.
Complaints of harassment and retaliation will be kept as confidential as possible.
Information will be released only on a "need to know" basis, and no employee will be
subject to retaliation by the District because he or she has reported what he or she
believes to be an incident or harassment.
8. No retaliation: It is strictly against District policy to retaliate against anyone who
reports or assists in making a complaint of prohibited harassment. Prohibited
retaliation includes, but is not limited to, withholding pay increases, poor evaluations,
onerous work assignments, withdrawing friendly courtesies, demotion, discipline, or
dismissal. Irrespective of whether there is merit to the initial complaint of
harassment, retaliation is viewed as a major offense and will result in discipline up to
and including termination. Anyone who feels that retaliatory action has been taken
because of his or her report or assistance in making a complaint of prohibited
harassment should immediately bring the matter to the District's attention.
2 Discrimination & harassment policy