HomeMy WebLinkAboutR2011-025RESOLUTION NO. R2011-025
A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING A REVISED CITY
PERSONNEL POLICY REGARDING HARASSMENT PREVENTION/WORKPLACE
ABUSE; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES:
SECTION 1. Policy numbered 108.10 "Harassment Prevention/Workplace Abuse" of the
Personnel Policies and Procedure Manual of the City of Denton attached hereto and incorporated
by reference herein, is hereby approved as official policy of the City of Denton, Texas, and
replaces former policy 108.10.
SECTION 2. The foregoing policy is attached hereto and made a part hereof and shall be
filed in the official records with the City Secretary.
SECTION 3. This resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY. Q
AP OVED S TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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CITY OF DENTON PAGE 1 OF 6
P(n1,TCV/ADMTNISTRATIVF PROCEDITRE/ADMINISTRATIVE DIRECTIVE
SECTION: HUMAN RESOURCES
REFERENCE NUMBER:
108.10
SUBJECT: STANDARDS OF CONDUCT FOR EMPLOYEES
INITIAL EFFECTIVE DATE:
12/01/87
TITLE: HARASSMENT PREVENTION/WORKPLACE ABUSE
LAST REVISION DATE:
07/12/11
POLICY STATEMENT:
The City of Denton's employees and others acting on the City's behalf are entitled to respectful treatment
in the City of Denton's workplace. A respectful workplace is about more than compliance with the law. It
is a working environment that is free of inappropriate behavior of all kinds, including all forms of
harassment.
It is the policy of the City of Denton to prohibit any form of sexual, racial, ethnic, disability, age,
sex/gender, sexual orientation, pregnancy, national origin, genetic, or religious harassment of its
employees, volunteers, applicants, and other applicable parties. The City of Denton recognizes that any
form of harassment may be a violation of federal and state laws. The City maintains a strict policy that any
harassment in the work place or after hours outside the workplace, is not acceptable and will not be
tolerated.
It is also the policy of the City of Denton to prohibit any form of workplace abuse, including but not
limited to, persistent treatment that is humiliating, embarrassing, undignified, or bullying.
All employees, including managers, supervisors, and representatives of the City, are expected to refrain
from being disrespectful, exhibiting any unwelcome behavior, or displaying conduct toward any other
individual which could be interpreted as harassment or workplace abuse.
DEFINITIONS:
1. Discriminatory harassment is unwelcome conduct toward an individual because of his or her
genetics, age, disability, marital status, national origin, ethnicity, race or color, religion,
sex/gender, or sexual orientation, when the conduct creates an intimidating, hostile, or offensive
work environment that:
• Causes work performance to suffer; or
• Negatively affects job opportunities.
Harassment is against the law in the United States. Examples of harassment that may violate the
law and will violate this policy include, but are not limited to:
A. Oral or written communications that contain offensive name-calling, jokes, slurs, negative
HR/POLICY/108.10
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POLICY/ADNHNISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued)
TITLE: HARASSMENT PREVENTION/WORKPLACE ABUSE REFERENCE NUMBER:
108.10
stereotyping, or threats. This includes comments or jokes that are distasteful or targeted at
individuals or groups based on genetics, age, disability, marital status, national origin, race or
color, religion, sex/gender, or sexual orientation.
B. Nonverbal conduct, such as staring, leering, and giving inappropriate gifts.
C. Visual images, such as derogatory or offensive pictures, cartoons, drawings or gestures. Such
prohibited images include those in hard copy or electronic form.
NOTE: Disability means, with respect to an individual, a physical or mental impairment that
substantially limits one or more of the major life activities of such individual, as such term is
defined in the Americans with Disabilities Act, 42 USC 12102; a record of such an impairment; or
being regarded as having such an impairment. This would include, but not be limited to, an
individual with a loss of limb, visual impairment, mobile impairment (wheelchair bound, artificial
limb, etc.), sight impairment (blindness), hearing impairment (deafness), medical conditions such
as heart disease, epilepsy, muscular dystrophy, cancer, mental illness, alcoholism, HIV disease,
and other physical and mental medical conditions which are protected by Federal law.
11. Sexual harassment is a form of harassment that is based on a person's sex or that is sex-based
behavior. It is also sexual harassment for anyone in a position of authority to tie hiring, promotion,
termination or any other condition of employment to a request or demand for sexual favors.
Sexual Harassment includes, but is not limited to unsolicited and unwelcome sexual advances,
requests for sexual favors, and other verbal (slurs, jokes), non-verbal, electronic, written, or
physical conduct of a sexual nature when:
A. Submission to such conduct is made either explicitly or implicitly a term or condition of
employment; or
B. Submission to or rejection of such conduct by an individual is used as the basis for
employment decisions affecting the individual; or
C. Such conduct has the purpose or effect of interfering with an individual's performance or
creates or maintains an intimidating, hostile, abusive or offensive working environment.
NOTE: Sexual harassment takes many forms - subtle and indirect or blatant and overt. Examples
include, but are not limited to:
1. Unwelcome sex-oriented verbal "kidding;"
2. Unwelcome teasing or jokes;
HR/POLICY/108.10
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POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued)
TITLE: HARASSMENT PREVENTION/WORKPLACE ABUSE REFERENCE NUMBER:
108.10
3. Unwelcome sex-oriented texts, emails, or other electronic communication;
4. The distribution, display, or discussion of any written or graphic material, including
calendars, posters, and cartoons that are sexually suggestive, or shows hostility toward
an individual or group because of sex;
5. Suggestive or insulting sounds; leering; staring; whistling; obscene gestures;
6. Subtle pressure for sexual activity;
7. Physical contact such as patting, pinching or constant brushing against another's body;
or
8. Demands for sexual favors.
III. Workplace abuse refers to repeated, unreasonable actions of individuals (or a group) directed
towards an employee (or a group of employees), which is intended to intimidate and/or create a risk
to the health and safety of the employee(s).
Workplace abuse takes one or more of the following forms:
• Verbal abuse;
• Offensive conduct/behaviors (including nonverbal) which are threatening, humiliating, or
intimidating; or
• Work interference - sabotage - which prevents work from getting done.
Workplace abuse would not include:
• The normal exercise of supervisory responsibilities, including performance reviews,
direction, counseling and disciplinary action where necessary, provided they are conducted
in a respectful, professional manner, in accordance with City policies and procedures.
• Social interactions, jokes and bantering, which are mutually acceptable, provided the
interactions are respectful and there is no negative impact for others in the work
environment.
• Disagreements, misunderstandings, miscommunication, and/or conflict situations, provided
the behavior of the individuals involved remains professional and respectful.
HR/POLICY/108.10
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POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued)
TITLE: HARASSMENT PREVENTION/WORKPLACE ABUSE REFERENCE NUMBER:
108.10
ADMINISTRATIVE PROCEDURES:
I. Employees are responsible for ensuring their behavior is respectful and professional at all times,
no matter the situation. If approached with concerns by another employee, employees should be
open to understanding another's perspective and apologize as needed.
II. Under no circumstances should employees engage in behavior that has the purpose or effect of
harassing or abusing others. Employees need to be sensitive to how others may perceive their
actions, and remember that their actions not only reflect upon them, but may reflect on the City as
well.
III. Supervisors are responsible for maintaining their work place free of abuse and harassment of any
kind. This duty includes discussing and enforcing this policy and procedure with all employees and
assuring them that they are not required to endure insulting, degrading, or exploitative treatment.
IV. Individuals who feel they experience abuse or harassment should make it clear that such behavior
is offensive to them. Any employee who feels that he or she has been the victim of any form of
abuse or harassment should immediately report the facts of the incident or incidents and the names
of the individuals involved to his or her supervisor and the Director of Human Resources or
designee. Should the immediate supervisor be the offending parry, the employee must report the
alleged act to the next level of management and the Director of the Human Resources or designee.
In situations where the employee is not comfortable reporting the allegation to his/her immediate
supervisor or the next level of management, he/she has the option to report his/her complaint only
to the Director of Human Resources or designee. The Director of Human Resources and the
manager/supervisor are mutually responsible for notifying each other when an allegation is
reported.
V. All allegations of abuse or harassment observed by or reported to a supervisor must be investigated
immediately by the Human Resources Director or designee. All findings, decisions, and
recommendations will be made on an individual basis considering the record as a whole on the
totality of the circumstances, such as the nature of the behavior and the context in which the
alleged incidents occurred. If abuse or harassment is found to exist, appropriate management and
supervisory personnel shall take prompt corrective action. Any time that sexual harassment
becomes an issue of an alleged act of sexual assault, the investigation must be coordinated with the
City of Denton Police Department.
VI. An individual's intentions and motives are not the decisive factors in considering alleged
harassment behavior. The effect of one employee's behavior upon another employee is the decisive
MPOLICY/108.10
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POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued)
TITLE: HARASSMENT PREVENTION/WORKPLACE ABUSE REFERENCE NUMBER:
108.10
factor. If an individual's behavior is considered to be offensive by another individual or if it has an
intimidating effect upon another individual, harassment may be present.
VII. Appropriate disciplinary action will be taken when the findings warrant such action. Such
disciplinary action should be determined by the nature of the wrongful act or acts and may result in
immediate dismissal.
VIII. Disclosure of any investigation conducted under this policy shall be made only to those City
employees and others with a right to know.
PROTECTION AGAINST RETALIATION;
The City's Problem Solving Policy #115.02 encourages employees to report any alleged infraction
without fear of retaliation. The City of Denton supports the State of Texas Retaliation Act, Policy
#108.06, which protects a public employee who files or responds to a bona fide complaint of
discrimination or harassment; appears as a witness in the investigation of a complaint; or serves as an
investigator. Retaliation and/or reprisals against an individual who in good faith reports or provides
information about behavior that may violate this policy are against the law, against the City's policy,
and will not be tolerated. However, making a false report or providing false information is grounds for
discipline.
CONSENSUAL ROMANTIC RELATIONSHIPS:
1. An employee who is involved in a personal relationship with another employee may not occupy a
position in the same chain of command as, work directly for or supervise the employee with whom
he or she is involved. Consensual romantic relationship is defined as a relationship between
individuals who have or have had a continuing relationship of a romantic or intimate nature. The
City of Denton reserves the right to take prompt action if an actual or potential conflict of interest
arises concerning individuals who occupy positions at any level (higher or lower) in the same line
of authority that may affect employment decisions.
H. When a conflict or the potential for conflict arises because of a personal relationship between
employees, even if there is no line of authority or reporting involved, the employees may be
separated by reassignment or dismissed from employment. If such personal relationship is
established after employment, it is the responsibility and obligation of the employees involved to
immediately disclose the existence of the relationship to their manager and/or department head.
When a conflict or a potential for conflict arises because of the relationship affecting employment,
the individuals concerned will be given the opportunity to decide who is to apply for another
position or resign if no position is available. If the decision is not made within 30 calendar days,
IWPOLICY/108.10
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POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued)
TITLE: HARASSMENT PREVENTION/WORKPLACE ABUSE REFERENCE NUMBER:
108.10
management will decide who is to apply for another position or, if necessary, be dismissed from
employment. Factors to be considered by management include, but are not limited to, length of
service, work performance, and/or criticality of the position to the operation.
HR/POLICY/108.10