HomeMy WebLinkAbout12 Anti Harassment Policy Agenda Item # I
Memorandum
To: Board of Directors
From: Peter Holzmeister
Date: September 30, 2005
Subject: Anti-harassment policy
Why this matter is before the Board of Directors: This matter involves
adoption of a policy implementing a state mandated program related to sexual
harassment prevention. It is the board's role to adopt such a policy.
History: 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.
New information: Also attached is a draft policy which, if enacted by the Board
of Directors, would establish the District's policy prohibiting harassment based on
sex, race, religion, color, national origin, age, disability, or any other factor
prohibited by law. We currently have a policy stating that the District will not
discriminate on the basis of these enumerated factors, but we do not have a
policy that prohibits harassment or governs our actions when harassment is
alleged. That is the intent of the draft policy. Based on an adopted anti-
harassment policy we would then conduct the required training for supervisors,
and ultimately for all employees.
Recommendation: This is a workshop item. No formal action from the Board is
suggested. We want to Board to understand the issue and provide input to staff
so we can bring this back as an action item.
Anti-Harassment Policy
1) No Harassment Policy
It is against District policy to harass or discriminate against any employee, applicant
for employment, customer, supplier, or any other person on the basis of sex, race,
religion, color, national origin, age, disability, or any other factor prohibited by law.
In keeping with that policy, the District will not tolerate any form of harassment on
any such basis by any of its employees, supervisors, managers, directors or any
other persons who interact in the workplace with our employees. The term
"harassment" includes, but is not limited to, any statement, gesture, or conduct
relating to sex, race, religion, color, national origin, age, disability, or any other
illegal factor, which is inappropriate, offensive, or has the potential to be offensive.
Harassment is a major violation of District policy and is strictly prohibited. Persons
engaging in such acts are subject to disciplinary measures up to and including
discharge. In order to educate all employees and others who are associated with the
District and to comply with the law, the District is issuing this policy statement
together with its internal complaint policy and procedure for investigating allegations
of harassment. The District takes the matter of harassment very seriously.
2) Sexual Harassment
Sexual harassment is defined as unwelcome sexual advances, requests for sexual
favors, and other verbal or physical conduct of a sexual nature, when:
• Submission to the conduct is made either explicitly or implicitly a condition of
employment;
• Submission to or rejection of the conduct is used as the basis for an employment
decision affecting the harassed employee;
• 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.
Prohibited acts of sexual harassment can take a variety of forms, ranging from
off-color jokes to subtle pressure for sexual activity to physical assault.
3) 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.
4) 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.
5) 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.
Anti-Harassment Policy
Page 2 oj'3
6) 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.
Anti-Harassment Policy
Page 3 of 3
WAIS Document Retrieval Page 2 of 2
commission shall issue an order requiring the employer to comply with
these requirements.
1-2950. 1. (a) By January 1, 2006, an employer having 50 or more
employees shall provide at least two hours of classroom or other
effective interactive training and education regarding sexual
harassment to all supervisory employees who are employed as of July
1, 2005, and to all new supervisory employees within six months of
their assumption of a supervisory position. Any employer who has
provided this training and education to a supervisory employee after
January 1, 2003, is not required to provide training and education by
the January 1, 2006, deadline. After January 1, 2006, each employer
covered by this section shall provide sexual harassment training and
education to each supervisory employee once every two years. The
training and education required by this section shall include
information and practical guidance regarding the federal and state
statutory provisions concerning the prohibition against and the
prevention and correction of sexual harassment and the remedies
available to victims of sexual harassment in employment. The
training and education shall also include practical examples aimed at
instructing supervisors in the prevention of harassment,
discrimination, and retaliation, and shall be presented by trainers
or educators with knowledge and expertise in the prevention of
harassment, discrimination, and retaliation.
(b) The state shall incorporate the training required by
subdivision (a) into the 80 hours of training provided to all new
supervisory employees pursuant to subdivision (b) of Section 19995. 4
of the Government Code, using existing resources.
(c) For purposes of this section only, "employer" means any person
regularly employing 50 or more persons or regularly receiving the
services of 50 or more persons providing services pursuant to a
contract, or any person acting as an agent of an employer, directly
or indirectly, the state, or any political or civil subdivision of
the state, and cities.
(d) Notwithstanding subdivisions (j) and (k) of Section 12940, a
claim that the training and education required by this section did
not reach a particular individual or individuals shall not in and of
itself result in the liability of any employer to any present or
former employee or applicant in any action alleging sexual
harassment. Conversely, an employer's compliance with this section
does not insulate the employer from liability for sexual harassment
of any current or former employee or applicant.
(e) 1f an employer violates the requirements of this section, the
commission shall issue an order requiring the employer to comply with
these requirements.
(f) The training and education required by this section is
intended to establish a minimum threshold and should not discourage
or relieve any employer from providing for longer, more frequent, or
more elaborate training and education regarding workplace harassment
or other forms of unlawful discrimination in order to meet its
obligations to take all reasonable steps necessary to prevent and
correct harassment and discrimination.
http://w-w-w.leginfo.ca.gov/cgi-bin/waisgate?WAISdoclD=l 055587059+0+0+0&WAI Sacti... 9/30/2005