HomeMy WebLinkAbout06 - Adopting a Revised Discrimination and Harassment Prevention PolicyQ SEW Pp�T
CITY OF
�m
z NEWPORT BEACH
c�<,FORN'P City Council Staff Report
March 26, 2019
Agenda Item No. 6
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Barbara J. Salvini, Human Resources Director — 949-644-3259
bsalvini@newportbeachca.gov
PREPARED BY: Rebecca Redyk, Human Resources Manager
PHONE: 949-644-3304
TITLE: Resolution No. 2019-27: Amending Resolution No. 2001-100,
Adopting a Revised Discrimination and Harassment Prevention
Policy
ABSTRACT:
The City of Newport Beach promotes a workplace free of harassment and discrimination
and reaffirms this commitment through its Discrimination and Harassment Prevention
Policy ("Policy"). The Policy is an appendix to the City's Employee Policy Manual, which
was last adopted by the City Council on December 11, 2001. The Policy was updated
and readopted on September 13, 2016 (Resolution No. 2016-111) to reflect changes in
State and Federal laws that broadened the definition of discrimination and harassment
and provided expanded protections under the law. With the California Legislature's recent
adoption of changes to the Government Code, it is necessary to revise the Policy to
incorporate the new provisions and remain in compliance with the law. Staff recommends
the City Council adopt the revised Policy as an expression of its ongoing commitment to
preventing workplace discrimination and harassment.
RECOMMENDATION:
a) Determine that the action is exempt from the California Environmental Quality Act
(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines
because it will not result in a physical change to the environment, directly or indirectly;
b) Adopt Resolution No. 2019-27, A Resolution of the City Council of the City of Newport
Beach, California, Amending Resolution No. 2001-100, Adopting a Revised
Discrimination and Harassment Prevention Policy; and
c) Approve the revised City of Newport Beach Discrimination and Harassment
Prevention Policy.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
6-1
Resolution No. 2019-27: Amending Resolution No. 2001-100,
Adopting a Revised Discrimination and Harassment Prevention Policy
March 26, 2019
Page 2
DISCUSSION:
Under State and Federal laws, employers have an obligation to prohibit and prevent
discrimination and harassment in the workplace. The laws define these terms and set forth
procedures for investigating and resolving internal complaints. The City's commitment to
comply with these mandates is reflected in its Policy.
On September 20, 2018, the California Legislature enacted additional legislation to broaden
the scope of harassment claims that will violate the Fair Employment and Housing Act (FEHA)
and further expanded workplace protections. This legislation became effective January 1,
2019 and includes (but is not limited to): SB 1300 added Government Code sections 12923,
12950.2 and 12964.5, eliminating the "severe or pervasive" legal standard used to determine
if conduct rises to the level of unlawful harassment and declaring that a single incident of
harassing conduct is sufficient to bring forward a claim; establishing that sexual harassment
will not vary by type of workplace; allowing, but not requiring, that an employer may also
provide bystander intervention training; and providing limitations on the use of
non -disparagement agreements, confidentiality agreements and waiver of FEHA claims. In
addition, SB1343 amended Government Code sections 12950 and 12950.1, to expand the
requirements for employers to provide training to all employees, not just supervisors and
managers, once every two years. While the City has kept abreast of these changes and
maintained compliance through training and education, City staff recommends updating the
Policy at this time so it more accurately reflects the City's continued compliance with current
legal requirements and best practices.
Human Resources and the City Attorney's Office have worked together to revise the Policy
to incorporate the legal updates. Attached for the City Council's consideration is the proposed
new Policy (Attachment B) and a redline version (Attachment C), reflecting the changes from
the prior version. If approved by the City Council, staff will work with supervisors, key
managers and directors to affirm the City's commitment to preventing discrimination and
harassment by distributing and promoting the new Policy.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result
in a direct or reasonably foreseeable indirect physical change in the environment) and
15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting
in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the
meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Resolution No. 2019-27
Attachment B — Discrimination and Harassment Prevention Policy
Attachment C — Discrimination and Harassment Prevention Policy (Redline Version)
6-2
ATTACHMENT A
RESOLUTION NO. 2019-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AMENDING
RESOLUTION 2001-100, ADOPTING A REVISED
DISCRIMINATION AND HARASSMENT PREVENTION
POLICY
WHEREAS, Section 2.28.020 of the Newport Beach Municipal Code ("NBMC")
provides that, upon the recommendation of the City Manager, the City Council of the City
of Newport Beach ("City") shall adopt by resolution, uniform personnel policies for City
employees relating to classification, compensation, leaves of absence and other
conditions of employment;
WHEREAS, the City Council of the City previously adopted Resolution No. 2001-
100, establishing a comprehensive set of personnel policies through the Employee Policy
Manual, including certain appendices and exhibits ("Employee Policy Manual");
WHEREAS, Appendix A of the Employee Policy Manual establishes the City's
policy against discrimination and harassment in the workplace;
WHEREAS, on September 13, 2016, the City Council of the City previously
adopted Resolution No. 2016-111 to amend Appendix A of the Employee Policy Manual;
WHEREAS, changes in State and Federal law have redefined harassment and
discrimination and expanded protections under the law; and
WHEREAS, to continue to comply with the law, and as a statement of its ongoing
commitment against discrimination and harassment, the City Council of the City desires
to amend Resolution No. 2001-100 and revise Appendix A of the Employee Policy
Manual.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby amend Resolution No. 2001-100 and
replaces the prior Appendix A of the Employee Policy Manual with Attachment A of this
resolution entitled "City of Newport Beach Discrimination and Harassment Prevention
Policy." Resolution No. 2001-100 is hereby repealed.
Section 2: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
6-3
Resolution No. 2019 -
Page 2 of 2
Section 3: If any section, subsection, sentence, clause or phrase of this resolution
is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the
validity or constitutionality of the remaining portions of this resolution. The City Council
hereby declares that it would have passed this resolution, and each section, subsection,
sentence, clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Section 4: The City Council finds the adoption of this resolution is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential for resulting in physical change to the environment, directly or indirectly.
Section 5: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 26th day of March, 2019.
Diane B. Dixon
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaro C. Harp
City Attorney
Attachment(s): City of Newport Beach Discrimination and Harassment
Prevention Policy
ME
APPENDIX A
CITY OF NEWPORT BEACH
RIMINATION AND HARASSMENT PREVENTION POLICY
Full document attached to Staff Report as Attachment B.
6-5
Attachment B
APPENDIX A
CITY OF NEWPORT BEACH
DISCRIMINATION AND HARASSMENT PREVENTION POLICY
Section 1. Policy Statement
The City of Newport Beach has a strong commitment to prohibiting and preventing
discrimination, harassment and retaliation in the workplace.
The City will take all reasonable steps to prevent discrimination, harassment and retaliation
from occurring. The City has zero tolerance for any conduct that violates this Policy.
Conduct need not rise to the level of a violation of Federal or State law to violate this Policy.
The City will not tolerate any harassment or discrimination because of, or on the basis of,
an individual's Protected Classification such as race, color, national origin, ancestry,
religious creed, physical or mental disability, medical condition, marital status, military and
veteran status, sex (including pregnancy), gender, gender identity, gender expression,
sexual orientation, age, genetic information, or any other basis protected by applicable
Federal or State laws; association with an individual who has or is perceived to have a
Protected Classification; or the perception that an individual has a Protected Classification.
Section 2. Covered Individuals and Scope of Policy
This Policy covers job applicants as well as all Employees, including provisional,
temporary and contract employees; City Council and other members of City Boards and
Commissions; and volunteers, unpaid interns or apprentices. This Policy is intended to
protect Employees, to the extent possible, from harassment by clients, vendors,
independent contractors, or others doing business with the City. As such, Employees shall
follow the procedures in this Policy as if the harasser were an Employee of the City.
Employees are likewise prohibited from harassing clients, vendors, independent
contractors, residents or anyone with whom an Employee deals with on the job. This Policy
also protects Employees from retaliation for complaining of discrimination or harassment
under this Policy.
A copy of this Policy shall be provided to all persons who are subject to it.
Section 3. Definitions
The following definitions that apply to this Policy are derived from the California Fair
Employment and Housing Act ("FEHA") and include, but are not limited to:
Discrimination means treating covered individuals differently and adversely because of
or on the basis of the individual's Protected Classification, actual or perceived; because
the individual associates with a person who is member of a Protected Classification, actual
8776641.3 NE020-059
0=0
or perceived; or because the individual participates in a Protected Activity as defined in
this Policy.
Harassment includes, but is not limited to, the following types of behavior that are taken
because of a person's actual or perceived Protected Classification: (1) Speech, such as
epithets, derogatory comments or slurs, and propositioning on the basis of a protected
classification. This includes inappropriate comments about appearance, dress, physical
features, gender identification, or race -oriented stories and jokes; (2) Physical acts, such
as assault, impeding or blocking movement, offensive touching, or physical interference
with normal work or movement. This includes pinching, grabbing, patting, or making
explicit or implied job threats or promises in return for submission to physical acts; (3)
Visual acts, such as derogatory posters, cartoons, emails, pictures or drawings related to
a protected classification; and (4) Unwanted sexual advances, requests for sexual favors
and other acts of a sexual nature, where submission is made a term or condition of
employment, where submission to or rejection of the conduct is used as the basis for
employment decisions, or where the conduct is intended to or actually does unreasonably
interfere with an individual's work performance or create an intimidating, hostile, or
offensive working environment.
Protected Activity includes making a request for an accommodation for a disability; making
a request for accommodation for religious beliefs; making a complaint under this Policy;
opposing violations of this Policy; or participating in an investigation under this Policy.
Protected Classification means race, religious creed, color, national origin, ancestry,
physical disability, mental disability, medical condition, genetic information, marital status,
sex, gender, gender identity, gender expression, age (40 and over), sexual orientation, or
military and veteran status, or any other basis protected by law. This Policy prohibits
discrimination, harassment and retaliation because: (1) of an individual's protected
classification; (2) the perception that an individual has a protected classification; or (3) the
individual associates with a person who has or is perceived to have a protected
classification.
Retaliation means adverse conduct is taken against a covered individual because of the
individual's Protected Activity as defined in this Policy. "Adverse conduct" includes, but is
not limited to: (1) disciplinary action; (2) counseling; (3) taking sides because an individual
has reported harassment or discrimination; (4) spreading rumors about a complainant or
about someone who supports or assists the complainant; (5) shunning or avoiding an
individual who reports harassment or discrimination; or (6) making real or implied threats
of intimidation to prevent or deter an individual from reporting harassment or
discrimination.
Supervisor means any individual having the authority, in the interest of the employer, to
hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward, or discipline
other employees, or the responsibility to direct them, or to adjust their grievances, or
effectively to recommend that action, if, in connection with the foregoing, the exercise of
APPENDIX A OF EMPLOYEE POLICY MANUAL
2
8776641.3 NE020-059
rev 02/19
6-7
that authority is not of a merely routine or clerical nature, but requires the use of
independent judgment.
Section 4. Harassment
Sexual Harassment
Federal and State laws consider sexual harassment to be one form of unlawful
discrimination. Sexual harassment includes unwelcome sexual advances, requests for
sexual favors or other visual, verbal or physical conduct of a sexual nature when:
1. Submission to such conduct is made either explicitly or implicitly a term or condition
of employment, or
2. Submission to or rejection of such conduct by an individual is used as a basis for
employment decisions affecting that individual.
Sexual harassment includes many forms of offensive behavior.
A single incident of harassing conduct may have the purpose or effect of unreasonably
interfering with an individual's work performance or creating an intimidating, hostile or
offensive working environment, and such conduct is prohibited under this Policy.
The City considers the following conduct to represent some examples of the types of
prohibited conduct. This list is neither exhaustive nor all-inclusive.
1. Unwanted sexual advances, including verbal sexual advances, such as
propositions or requests.
2. Offering employment benefits in exchange for sexual favors.
3. Making or threatening reprisals after a negative response to sexual advances.
4. Physical conduct: touching, pinching, patting, or coerced sexual conduct.
5. Visual or non-verbal conduct: whistling, leering, ogling, making suggestive or
insulting sounds, making sexual gestures, or displaying pictures, posters,
cartoons, calendars, objects, reading materials, or other materials that are sexually
suggestive, sexually demeaning, or pornographic, or possessing in the work
environment any of these materials. Production, transmission, or display of any
sexually explicit material electronically via fax, e-mail, through social media, or any
other forms of communication.
6. Verbal conduct: making or using derogatory comments, epithets, slurs, sexually
explicit jokes, sexual innuendo and insults, comments about an employee's body
or dress.
APPENDIX A OF EMPLOYEE POLICY MANUAL
3
rev 02/19
8776641.3 NE020-059
7. Verbal abuse of a sexual nature, including graphic verbal commentary or
communications about an individual's body or sexual activities, using sexually
degrading words or names to describe an individual, or sending suggestive or
obscene letters, e-mails, texts, communication or posts via social media, notes,
invitations, or other forms of communication.
It is unlawful for male Employees to sexually harass female Employees or other male
Employees, and for female Employees to sexually harass male Employees or other
female Employees. Sexual harassment is unlawful whether it involves co-worker
harassment, harassment by a supervisor or manager, or harassment by persons doing
business with or for the City.
Other conduct that has the purpose or effect of unreasonably interfering with an
Employee's work performance or working conditions on the basis of gender, pregnancy,
gender identity and gender expression may constitute prohibited sexual harassment.
Harassment (Other Than Sexual Harassment)
In addition to sexual harassment described above, harassment of Employees based on
other Protected Classifications is also expressly prohibited by this Policy.
Such harassment may include visual, verbal or physical conduct based on any Protected
Classification.
A single incident of harassing conduct may have the purpose or effect of unreasonably
interfering with an individual's work performance or creating an intimidating, hostile or
offensive working environment, and such conduct is prohibited under this Policy. Conduct
based on any Protected Classification that constitutes gratuitous sabotage or
undermining of a person's work may also be considered Harassment under this Policy.
Section 5. Discrimination
Federal and State laws consider discrimination based on an individual's Protected
Classification to be unlawful. The City considers the following conduct to represent some
examples of the types of prohibited Discrimination when based on the individual's
Protected Classification. This list is neither exhaustive nor all-inclusive.
1. Refusing to hire or employ a person.
2. Refusing to select a person for a training program leading to employment.
3. Treating an individual differently in compensation or in the terms, conditions or
privileges of employment.
APPENDIX A OF EMPLOYEE POLICY MANUAL
4
rev 02/19
8776641.3 NE020-059
M
Section 6. Retaliation
Federal and State laws consider adverse conduct based on an individual's Protected
Activity to be unlawful. The City considers the following adverse conduct to represent
some examples of the types of prohibited Retaliation when based on the individual's
Protected Activity. This list is neither exhaustive nor all-inclusive.
1. Real or implied threats of intimidation to attempt or prevent an individual from
reporting alleged wrongdoing.
2. Refusing to hire an individual because of Protected Activity.
3. Denying promotion to an individual because of Protected Activity.
4. Taking any form of disciplinary action because of Protected Activity.
5. Altering work schedules or work assignments because of Protected Activity.
Section 7. Procedure for Reporting and Processing Discrimination,
Harassment, and Retaliation Complaints
1. An Employee who believes he or she has been harassed or discriminated against
on the basis of a Protected Classification, or retaliated against on the basis of his
or her participation in a Protected Activity may provide a written or verbal complaint
("Complaint") to any Supervisor.
2. The Supervisor shall immediately notify his/her Department Director and the
Human Resources Director.
3. The Human Resources Department shall complete or delegate the following steps:
a. Notify the City Attorney of the complaint in order to initiate an investigation
of the incident.
b. Meet with the Employee(s) alleging harassment or discrimination.
c. Take reasonable steps to protect the complainant from further harassment,
discrimination and retaliation.
d. Authorize and supervise the investigation of the complaint and/or
investigate the complaint.
e. Review the factual information gathered during the investigation to
determine whether the alleged conduct violates this Policy.
f. Report a summary of the determination to the appropriate persons.
APPENDIX A OF EMPLOYEE POLICY MANUAL
5
8776641.3 NE020-059
rev 02/19
6-10
g. Ensure that appropriate disciplinary and/or corrective action is initiated and
implemented where conduct in violation of this Policy is found to have
occurred.
4. Clients, independent contractors, vendors, or others doing business with the City
shall be required to use the Complaint procedure outlined in this Policy for any
claim of harassment, discrimination, or retaliation by a City Employee.
5. Every effort will be made to assure the confidentiality of Complaints made under this
Policy to the greatest extent allowed by law. Complete confidentiality cannot occur,
however, due to the need to fully investigate and the duty to take effective remedial
action. An Employee who is interviewed during the course of an investigation is
prohibited from attempting to influence any potential witness while the investigation
is ongoing. An Employee may discuss his or her interview with a designated
representative. The City will not disclose a completed investigation report except as
it deems necessary to support a disciplinary action, to take remedial action, to
defend itself in adversarial proceedings, or to comply with the law or court order.
Section 8. Violation of Policy
Any Employee who violates any provision of this Policy is subject to discipline or remedial
action as warranted, up to and including termination.
Section 9. Personal Liability for Harassment or Retaliation
In certain circumstances, an Employee who engages in harassment and/or retaliation
may be held personally liable for monetary damages associated with prohibited conduct.
Section 10. Supervisor Responsibilities
All Supervisors are responsible for ensuring a workplace free from discrimination,
harassment, and retaliation as defined in this Policy. Supervisors shall be responsible for
the following -
1 .
ollowing:
1. Completing the training requirements for Supervisors.
2. Promptly filing a report with the Department Director and Human Resources
Director whenever the Supervisor receives information about or observes an
incident that he or she knows or reasonably suspects could constitute
discrimination, harassment, or retaliation. Any verbal report shall be followed up
by a written report documenting the incident.
3. Ensuring that appropriate action is taken in response to the Supervisor's report of
discrimination, harassment, or retaliation.
APPENDIX A OF EMPLOYEE POLICY MANUAL
6
rev 02/19
8776641.3 NE020-059
6-11
4. Ensuring that:
a. All Employees that they supervise are provided a Department of Fair
Employment and Housing (DFEH) informational pamphlet regarding sexual
harassment and retaliation prevention.
b. All Employees that they supervise attend and complete training
requirements regarding prevention of sexual harassment and retaliation.
c. All Employees that they supervise receive a copy of, and opportunity to
discuss and ask questions about this Policy.
d. Materials that violate this Policy are not circulated, presented, transmitted,
or openly displayed within the workplace.
e. All Employees they supervise are informed of their rights to report
discrimination, harassment or retaliation and of the assistance available
under this Policy.
Section 11. Employee Responsibilities
All Employees are responsible for ensuring a workplace free from discrimination and
harassment as defined in this Policy. Employees shall be responsible for completing
training requirements required by the City and by State law, and reviewing the DFEH
informational packet and this Policy.
Section 12. Employee's Rights
The goal of this Policy is to identify and prevent discrimination, harassment and
retaliation. Employees are encouraged to make use of the process described in this
Policy. However, any Employee also has the right to report discrimination, harassment
and retaliation directly to the DFEH and/or the Federal Equal Employment Opportunity
Commission ("EEOC").
Employees may contact DFEH at the following telephone number or website:
Los Angeles: (213) 439-6799
http://www.dfeh.ca.gov/
Employees may contact the EEOC at the following telephone number or website:
Los Angeles: (213) 894-1000
https://www.eeoc.gov/employees
The City maintains a posted Notice regarding harassment and discrimination at all
APPENDIX A OF EMPLOYEE POLICY MANUAL
7
8776641.3 NE020-059
rev 02/19
6-12
Employee work sites, which contains additional information about how to contact these
agencies.
Adopted by Council:
APPENDIX A OF EMPLOYEE POLICY MANUAL
8
8776641.3 NE020-059
rev 02/19
6-13
Attachment C
APPENDIX A
CITY OF NEWPORT BEACH
DISCRIMINATION AND HARASSMENT PREVENTION POLICY
Section 1. Policy Statement
The City of Newport Beach has a strong commitment to prohibiting and preventing
discrimination, harassment and retaliation in the workplace.
The City of Newport QoaGh will take all reasonable steps to prevent discrimination,
harassment and retaliation from occurring. The City has zero tolerance for any conduct
that violates this Policy. Conduct need not rise to the level of a violation of Federal or State
law to violate this Policy.
The City will not tolerate any harassment or discrimination because of, or on the basis of,
an individual's nr�ed Protected Classification Glass such as race, color, national origin,
ancestry, religious creed, physical or mental disability, medical condition, marital status,
military and veteran status, sex (including pregnancy), gender, gender identity, gender
expression, sexual orientation, age, genetic information, or any other basis protected by
applicable Federal or State laws, association with an individuals who has or is perceived
to have a Protected Classificationwoth +heSG nharan+orifi or the perception that an
individual has a Protected Classificatio�,.,,nlIG,.,`R� e ose ch����;StTGS or an" other?
npreteEted by pliGahle Federal State laws.
Section 2. Covered Individuals and Scope of Policy
This Policy covers prohibition of rdiGnrimina+ion and harassment applies to lob applicants
as well as all Employees, including provisional, temporary and contract employees;; City
Council and other members of City Boards and Commissions,- and volunteers, unpaid
interns or apprentices. This Policy is intended to protect Employees, to the extent
possible, from harassment by clients, vendors, independent contractors, or others doing
business with the City. As such, Employees shall follow the procedures in this Policy as if
the harasser were an Employee of the City. Employees are likewise prohibited from
harassing clients, vendors, independent contractors, residents or anyone with whom an
Employee deals with on the job. This Policy also protects Employees from retaliation for
complaining of discrimination or harassment under this Policy.
A copy of this Policy shall be provided to all persons who are subject to it, and shall be
peste d on City bulletin Beards in all City fanili+ioo
Section 23. Definitions
The following definitions that apply to this Policy are derived from the California Fair
Employment and Housing Act ("FEHA') and include, but are not limited to:
8828088.1 NE020-059 89-28088.1 NE020 059
6-14
Discrimination means treating covered individuals differently and adversely because of
or on the basis of the individual's Protected Classification, actual or perceived; because
the individual associates with a person who is member of a Protected Classification,
actual or perceived, or because the individual participates in a Protected Activity as
defined in this Policy.
Harassment includes, but is not limited to, the following types of behavior that are taken
because of a person's actual or perceived Protected Classification: (1) Speech, such as
epithets, derogatory comments or slurs, and propositioning on the basis of a protected
classification. This includes inappropriate comments about appearance, dress, physical
features, gender identification, or race -oriented stories and jokes; (2) Physical acts, such
as assault, impeding or blocking movement, offensive touching, or physical interference
with normal work or movement. This includes pinching, grabbing, patting, or making
explicit or implied job threats or promises in return for submission to physical acts; (3)
Visual acts, such as derogatory posters, cartoons, emails, pictures or drawings related to
a protected classification; and (4) Unwanted sexual advances, requests for sexual favors
and other acts of a sexual nature, where submission is made a term or condition of
employment, where submission to or rejection of the conduct is used as the basis for
employment decisions, or where the conduct is intended to or actually does unreasonably
interfere with an individual's work performance or create an intimidating, hostile, or
offensive working environment.
Protected Activity includes making a request for an accommodation for a disability; making
a request for accommodation for religious beliefs; making a complaint under this Policy;
opposing violations of this Policy, or participating in an investigation under this Policy.
Protected Classification means race, religious creed, color, national origin, ancestry,
physical disability, mental disability, medical condition, genetic information, marital status,
sex, gender, gender identity, gender expression, age (40 and over), sexual orientation,
or military and veteran status, or any other basis protected by law. This Policy prohibits
discrimination, harassment ander retaliation because: (1) of an individual's protected
classification; (2) the perception that an individual has a protected classification; or (3) the
individual associates with a person who has or is perceived to have a protected
classification.
Retaliation means adverse conduct is taken against a covered individual because of the
individual's Protected Activity as defined in this Policy. 'Adverse conduct" includes, but
is not limited to: (1) disciplinary action; (2) counseling; (3) taking sides because an
individual has reported harassment or discrimination; (4) spreading rumors about a
complainant or about someone who supports or assists the complainant, (5) shunning or
avoiding an individual who reports harassment or discrimination; or (6) making real or
implied threats of intimidation to prevent or deter an individual from reporting harassment
or discrimination.
APPENDIX A OF EMPLOYEE POLICY MANUAL
2
rev 991602/19
6-15
Supervisor means any individual having the authority, in the interest of the employer, to
hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward, or discipline
other employees, or the responsibility to direct them, or to adjust their grievances, or
effectively to recommend that action, if, in connection with the foregoing, the exercise of
that authority is not of a merely routine or clerical nature, but requires the use of
independent judgment.
Section 34. Harassment
Sexual Harassment
Federal and State laws consider sexual harassment to be one form of unlawful
discrimination. Sexual harassment includes unwelcome sexual advances, requests for
sexual favors or other visual, verbal or physical conduct of a sexual nature when:
Submission to such conduct is made either explicitly or implicitly a term or condition
of employment, or
2. Submission to or rejection of such conduct by an individual is used as a basis for
employment decisions affecting that individual. -,-Gr
.10
The definitiOR of sexua4Sexual harassment includes many forms of offensive behavior.
APPENDIX A OF EMPLOYEE POLICY MANUAL
4
rev 09/1602/19
6-17
IN
r
111110
IN
-
._
AN r
-
--
WIN-
I
r .
-
r .
Supervisor means any individual having the authority, in the interest of the employer, to
hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward, or discipline
other employees, or the responsibility to direct them, or to adjust their grievances, or
effectively to recommend that action, if, in connection with the foregoing, the exercise of
that authority is not of a merely routine or clerical nature, but requires the use of
independent judgment.
Section 34. Harassment
Sexual Harassment
Federal and State laws consider sexual harassment to be one form of unlawful
discrimination. Sexual harassment includes unwelcome sexual advances, requests for
sexual favors or other visual, verbal or physical conduct of a sexual nature when:
Submission to such conduct is made either explicitly or implicitly a term or condition
of employment, or
2. Submission to or rejection of such conduct by an individual is used as a basis for
employment decisions affecting that individual. -,-Gr
.10
The definitiOR of sexua4Sexual harassment includes many forms of offensive behavior.
APPENDIX A OF EMPLOYEE POLICY MANUAL
4
rev 09/1602/19
6-17
A single incident of harassing conduct may have the purpose or effect of unreasonably
interfering with an individual's work performance or creating an intimidating, hostile or
offensive working environment, and such conduct is prohibited under this Policy.
The City considers the following conduct to represent some examples of the types of
prohibited conduct. This list is neither exhaustive nor all-inclusive.
1. Unwanted sexual advances, including verbal sexual advances, such as
propositions or requests.
2. Offering employment benefits in exchange for sexual favors.
3. Making or threatening reprisals after a negative response to sexual advances.
4. Physical conduct: touching, pinching, patting, or coerced sexual conduct.
5. Visual or non-verbal conduct: whistling, leering, ogling, making suggestive or
insulting sounds, making sexual gestures, or displaying pictures, posters,
cartoons, calendars, objects, reading materials, or other materials that are sexually
suggestive, sexually demeaning, or pornographic, or possessing in the work
environment any of these materials. Production, transmission, or display of any
sexually explicit material electronically via fax, e-mail, through social media, or any
other forms of communication.
6. Verbal conduct: making or using derogatory comments, epithets, slurs, sexually
explicit jokes, sexual innuendo and insults, comments about an employee's body
or dress.
87. Verbal abuse of a sexual nature, including graphic verbal commentary or
communications about an individual's body or sexual activities, using sexually
degrading words or names to describe an individual, or sending suggestive or
obscene letters, e-mails, texts, communication or posts via social media, notes,
invitations, or other forms of communication.
1 11111011
It is unlawful for male Employees to sexually harass female Employees or other male
Employees, and for female Employees to sexually harass male Employees or other
female Employees. Sexual Harassment -harassment on the yob is unlawful whether it
involves co-worker harassment, harassment by a supervisor or manager, or harassment
by persons doing business with or for the City.
APPENDIX A OF EMPLOYEE POLICY MANUAL
5
rev 991602/19
6-18
Other conduct that has the purpose or effect of unreasonably interfering with an
Employee's work performance or working conditions on the basis of gender, pregnancy,
gender identity, and gender expression may atse-constitute prohibited sexual harassment
amts, therefore prohibited.
SeGtmen ^. Harassment (Other Than Sexual Harassment)
In addition to sexual harassment described above, harassment of Employees based on
other nr^t�ed-Protected ClassificationscIasses, 66IGh as PaG8, ^^'^r RatiGRal ^rigir,
status,
military and veteran status, sexual orientation, age, geenetiG GharaGteFiStiGS, aSSGGiatiGR
+hoop ^horo^torioti^o is also expressly prohibited by this Policy.
Such harassment may includes visual, verbal or physical conduct based on any of the
above preto^te d Protected Classification.
A single incident of harassing conduct may have the purpose or effect of unreasonably
interfering with an individual's work performance or creating an intimidating, hostile or
offensive working environment, and such conduct is prohibited under this Policy. Conduct
based on any Protected Classification that constitutes gratuitous sabotage or
undermining of a person's work may also be considered Harassment under this Policy.
Section 5. Discrimination
70 70-
WIN
of empleymeRt based OR the preteGted Glasses above SeGtieR 1.
Federal and State laws consider discrimination based on an individual's Proi
Classification to be unlawful.
The City considers the following conduct to represent some examples of the types of
prohibited Discrimination when based on the individual's Protected Classification. This
list is neither exhaustive nor all-inclusive.
Refusing to hire or employ a person.
2. Refusing to select a person for a training program leading to employment.
APPENDIX A OF EMPLOYEE POLICY MANUAL
6
rev 09/1602/19
6-19
3. Treating an individual differently in compensation or in the terms, conditions or
privileges of employment.
Section 6. Retaliation
Federal and State laws consider adverse conduct based on an individual's Protected
Activity to be unlawful.
The City considers the following adverse conduct to represent some examples of the
types of prohibited Retaliation when based on the individual's Protected Activity. This list
is neither exhaustive nor all-inclusive.
Real or implied threats of intimidation to attempt or prevent an individual from
reporting alleged wrongdoing.
2. Refusing to hire an individual because of Protected Activity.
3. Denying promotion to an individual because of Protected Activity.
4. Taking any form of disciplinary action because of Protected Activity.
5. Altering work schedules or work assignments because of Protected Activity.
Section 67. Complaint Procedure for Reporting and Processing
Discrimination, and Harassment, and Retaliation Complaints
An Employee who believes he or she has been harassed or discriminated against
on the basis of a preteGted Protected Classification, Glass or retaliated against on
the basis of his or her participation in a Protected Activity may shall provide a
written or verbal complaint ("Complaint") to his or her imRedi any
supervise Supervisor, or any other sucryisenr the Human ReseurGe�s DmreGtnr�nrr
APPENDIX A OF EMPLOYEE POLICY MANUAL
7
rev 99/1602/19
6-20
-a thorough
he Giit�,Y4 11
M. 1� I 111-1-11-JINN-1--N-JINN-111LINNIN-1 III
NN
NN I
hr IN
mwm W110.40. j.
CNINN
IN -CL.' -
MWW.�::ii� .�ii�. i���iT i�i�iiii•
001 M-0-111,
iiiiiiiiiiiiiiiiiiiinmany
2. The Supervisor shall immediately notify his/her Department Director and the
Human Resources Director.
3. The Human Resource Department shall complete or delegate the following steps:
a. Notify the City Attorney of the complaint in order to initiate an investigation
of the incident.
b. Meet with the Employee(s) alleging harassment or discrimination.
c. Take reasonable steps to protect the complainant from further harassment,
discrimination and retaliation.
d. Authorize and supervise the investigation of the complaint and/or
investigate the complaint.
e. Review the factual information gathered during the investigation to
determine whether the alleged conduct violates this Policy.
f. Report a summary of the determination to the appropriate persons.
APPENDIX A OF EMPLOYEE POLICY MANUAL
8
rev 09/1602/19
6-21
g. Ensure that appropriate disciplinary and/or corrective action is initiated and
implemented where conduct in violation of this Policy is found to have
occurred.
4. Clients, independent contractors, vendors, or others doing business with the City
shall be required to use the Complaint procedure outlined in this Policy for any
claim of harassment or discrimination by a City Employee.
5. Every effort will be made to assure the confidentiality of Complaints made under this
Policy to the greatest extent allowed by law. Complete confidentiality cannot occur,
however, due to the need to fully investigate and the duty to take effective remedial
action. An Employee who is interviewed during the course of an investigation is
prohibited from attempting to influence any potential witness while the investigation
is ongoing. An Employee may discuss his or her interview with a designated
representative. The City will not disclose a completed investigation report except as
it deems necessary to support a disciplinary action, to take remedial action, to
defend itself in adversarial proceedings, or to comply with the law or court order.
Section 8. Violation of Policy
An Employee who violates any provision of this Policy is subject to discipline or remedial
action as warranted, up to and including termination.
Section 9. Personal Liability for Harassment or Retaliation
APPENDIX A OF EMPLOYEE POLICY MANUAL
9
rev 09/1602/19
6-22
In certain circumstances, an Employee who engages in harassment and/or retaliation
may be held personally liable for monetary damages associated with prohibited conduct.
Section 810. Managerr,s^* Supervisor Responsibilities
All Supervisors are responsible for ensuring a workplace free from discrimination or
harassment, and retaliation as defined in this Policy. Supervisors shall be responsible for
the following:
1. Completing the training requirements for Supervisors.
4-.2. Promptly filing a report with the Department Director and Human Resources
Director whenever the Supervisor receives information about or observes an
incident that he or she knows or reasonably suspects could constitute
discrimination, or -harassment, or retaliation. The report shall be filed even if the
Empleyee(s) who allege(s) diSGriMiRatiOR or harassmeRt request(s) that Re aGti
be ttakeR. The all Rot be filed with the rl neparrtm8FIt DiFeGteF
� i�f,t�
Depa ont DireGteF is alleged to have nortipipate d in the diSGFi ation or
v�. c�vircc ����rr ccs "' ' �P''' ``"^
harassment Any verbal report shall be followed up by a written report documenting
the incident.
2-.3. Ensuring that appropriate action is taken in response to the Supervisor's report of
discrimination,-er harassment, or retaliation.
-3-.4. Ensuring that:
a. All Employees that they supervise are provided a Department of Fair
Housing and Employment ("DFEH') informational pamphlet regarding
sexual harassment and retaliation prevention.
a.b. All Employees that they supervise attend and complete any and all
required -training requirements regarding prevention of sexual harassment
and retafiationdesigRed to preveRt harassment, disGriFnirlatien, ahs ��i.,o
Genrdi int anrd retalmatiort.
Vic. All Employees that they supervise receive a copy of, and opportunity
to discuss and ask questions about; this Policy.
Ed. Materials that violate this Policy(SUGh—as sexuallyuggestive
objects, p+ctures posters or cartoons) are not circulated, presented,
transmitted, or openly displayed within the workplace.
d -.—All Employees they supervise are informed of their rights to report
discrimination, harassment or retaliation and of the assistance available
under this Policy.
APPENDIX A OF EMPLOYEE POLICY MANUAL
10
rev 991602/19
6-23
..
011 11 1 � Will W..- 0. 1
11171
-e Millie
Section 11. Employee's Responsibilities
All Employees are responsible for ensuring a workplace
harassment as defined in this Policy. Employees shall
training requirements required by the City and by State
informational packet and this Policy.
Section 4412. Employee's Rights
free from discrimination and
be responsible for completing
law, and reviewing the DFEH
The goal of this Policy is to identify and prevent discrimination, harassment er—and
retaliation. if�ble OF GonGerns arose, Employees are encouraged to make use of the
process described in this Policy. However, any Employee also has the right to report
discrimination, harassment and retaliation go—directly to the DFEH andA#e--Ga4femia
DepartmeRt ofr—Fair EmmpleyrmrreRt and u^„SiRg or the Federal Equal Employment
Opportunity Commission ("EEOC').f„r occictonno
Employees may contact the DFEHThn rolifOrnio DepartmeRt of Coir EmpleymeRt and
He SORB may be GGRtaGted at the following telephone number or website:
Los Angeles: (213) 439-6799
http://www.dfeh.ca.gov/
Employees may contact the EEOC Thal=eral Equal Employment^vr it"
GemmiccinR may be roonhed at the following telephone number or website:
Los Angeles: (213) 894-1000
https://www.eeoc.gov/emploVeeS/Gharqe.-Gfrn
APPENDIX A OF EMPLOYEE POLICY MANUAL
11
rev 09/1602/19
6-24
The City maintains a posted Notice regarding harassment and discrimination at all
Employee work sites, which contains additional information about how to contact these
agencies.
Adopted by Council: 9/13/16
APPENDIX A OF EMPLOYEE POLICY MANUAL
12
rev 09/1602/19
6-26