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HomeMy WebLinkAboutRES 2005-27 - Board Ate_ TRUCKEE DONNER Public Utility District Resolution No. 2005 - 27 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: Directors Aguera, Hemig, Sutton, Taylor and Thomason NOES: None ABSTAIN: None ABSENT: None TRUC E DO R PUBLI UTILITY DISTRICT t�emig, esident ATTEST: Peter L. Holzmeister, District C erk 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. 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