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Home My WebLink About20-1909RESOLUTION NO.20-1909 A RESOLUTION OF THE COUNCIL OF THE CITY OF DENTON REVISING THE CITY’S HARASSMENT PREVENTON POLICY; AND PROVIDING AN EFFECTrVE DATE. WHEREAS, revisions to the City of Denton Harassment Prevention policy (no. 108.10) are proposed to comply with the recent U.S. Supreme Court decision Bostock vx. Clayton County , decided on June 15, 2020. WHEREAS, in the Bostock case, the U.S. Supreme Court held that Title VII of the Civil Rights Act of 1 964 protects employees from discrimination because of sexual orientation or gender identity; and WHEREAS, the City of Denton City Council deems it in the public’s best interest to adopt the proposed revisions to the Harassment Prevention policy (No. 108.10); NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The revised Harassment Prevention policy (No. 108.10), which is attached hereto and made a part hereof, is hereby adopted as an official policy of the City of Denton and supersedes any previous version of this policy. SECTION 2. The attached policy shall be filed in the official records with the City Secretary. SECTION 3. This resolution shall become effective immediately upon its passage and approval. ,„d „Toyn \ approved by the following vote [1 - O ] : Aye -Z J- J ./’ Nay Abstain Absent Chris Watts, Mayor: Gerard Hudspeth, District 1 : Keely G. Briggs, District 2: Jesse L. Davis, District 3 : John Ryan, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSED AND APPROVHD thI, th, \ BT d,y .f O C+obe/ , 2020. a CHRIS wI ;YOR'g ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORJ AARON ML, CITY Ya CITY OF DENTON POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE PAGE 1 OF 6 REFERENCE NUMBERHUMAN RESOURCESSECTION 108.10 INITIAL EFFECTIVE DATESTANDARDS OF CONDUCT FOR EMPLOYEESSUBJECT: 12/01 /87 HARASSMENT PREVENTION/WORKPLACE ABUSETITLE 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, gender identity, 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 workplace 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, a 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, sexual orientation, or gender identity when the conduct creates an intimidating, hostile, or offensive work environment that: e Causes work performance to suffer; or e 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 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, sexual orientation, or gender identity. HR/POLICY/ 108. 10 PAGE 2 OF 6 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued REFERENCE NUMBERHARASSMENT PREVENTION/WORKPLACE ABUSETITLE : 108.10 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. II. 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 2 3 4. 5 Unwelcome sex-oriented verbal "kidding;" Unwelcome teasing or jokes; Unwelcome sex-oriented texts, emails, or other electronic communication; 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; Suggestive or insulting sounds; leering; staring; whistling; obscene gestures; HR/POLiCY/ 108. 10 PAGE 3 OF 6 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continue HARASSMENT PREVENTION/WORKPLACE ABUSETITLE 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. ill. 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 PAGE 4 OF 6 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continue REFERENCE NUMBERHARASSMENT PREVENTION/WORKPLACE ABUSETITLE 108.10 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. A 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. 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 a 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, 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. 11. HR/POLICY/108. 10