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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