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Home My WebLink About87-158 - Discrimination & Harassment PolicyRESOLUTION NO. 87 -158 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING RESOLUTION NO. 85 -71 AND THE PROVISIONS OF SECTION 302 OF THE PERSONNEL POLICIES OF THE CITY OF NEWPORT • BEACH PERTAINING TO THE CITY POLICY PROHIBITING DISCRIMINATION AND HARASSMENT. WHEREAS, the City of Newport Beach has entered into a settlement agreement with the Department of Fair Employment & Housing which requires it to adopt, and disseminate, a policy expressing strong disapproval of discrimination on the basis of race, religion, physical handicap, national origin and other impermissible criteria; and WHEREAS, the City Council, in adopting Resolution 85 -71, adopted Personnel Policies applicable to all City employees; and WHEREAS, the City Council wishes to amend Resolution 85- 71 to strengthen its policy opposing discrimination, to evidence its compliance with the settlement agreement. NOW, THEREFORE, IT IS HEREBY RESOLVED THAT Resolution No. 85 -71 is hereby amended such that Section 302 reads as follows: "Section 302 Antidiscrimination Policy Policy Statement The City of Newport Beach is strongly opposed to, and is committed to providing a work environment that is free of, unlaw- ful discrimination or harassment on the basis of any characteris- tic protected by law, including race, color, religion, sex, mari- tal status, national origin, ancestry, physical handicap, medical condition or age. The purpose and goal of this policy is to promote discrimination free City hiring and employment practices by: (A) prohibiting discriminatory conduct; (B) requiring the prompt reporting and investigation of alleged discriminatory conduct; -1- (C) imposing strong sanctions against individuals who violate the policy; (D) prohibiting retaliation against those who report, or assist in the investigation of, discriminatory conduct pursuant to the procedures in this policy; and (E) advising persons who believe they have been the subject of discriminatory conduct of • their rights under this policy as well as state and federal dis- crimination laws. 302.1 Discrimination Prohibited. No City employee, officer, or official shall: (A) make any decision regarding recruitment, hiring, promotions, assignments, training, or any other term or condition of employment on the basis of an individual's race, color, religion, sex, marital status, national origin, ancestry, physical handicap, medical condition or age, unless such action is lawful pursuant to federal or state statutes, administrative guidelines or regulations, or the ruling of a state or federal court; (B) unlawfully discriminate against, or harass, any person on the basis of race, color, religion, sex, marital status, national origin, ancestry, physical handicap, medical condition or age. Unlawful harassment includes sexual harassment and harassment based on any of the characteristics enumerated above. Such harassment is prohibited whether it is verbal, physical or visual In nature. Verbal harassment includes deroga- tory comments, slurs or epithets. Physical harassment includes assault, impeding or blocking movement or any physical interfer- ence with normal work or movement. Visual harassment includes • derogatory posters, notices, cartoons or drawings; -2- (C) sexually harass any applicant or employee. Sexual harassment includes unwelcome sexual advances, requests or demands for sexual favors, and visual, verbal or physical conduct of a sexual nature when submission to such conduct: (1) is made an explicit or implicit term or condition of employment; (2) is used as the basis for employment decisions affecting an indi- vidual; or (3) when such conduct has the purpose or effect of unreasonably interferring with an individual's work performance or creating an offensive or hostile work environment; (D) aid, abet or encourage discrimination or harassment on the basis of race, color, religion, sex, marital status, national origin, ancestry, physical handicap, medical condition or age; or (E) retaliate or discriminate against any indivi- dual because that individual has: (1) opposed any unlawful practice; (2) has reported any act of discrimination in accordance with this policy or the California Fair Employment and Housing Act; (3) has cooperated with the City or a state or federal agency with authority to resolve such a complaint of discrimination in the investigation of that complaint; or (4) has filed or assisted in the filing of a discrimination complaint with the City or any state or federal agency with appropriate jurisdiction to resolve such a complaint. 302.2 Resyonsibility for Enforcement. It is the duty of all City employees with supervisory responsibilities to make certain that all employees under their • direction or control comply with this policy. Each supervisor shall monitor those activities of his or her employees that have the potential to lead to a violation of this policy and, after -3- consultation with the Personnel Director, shall take appropriate corrective action. When a violation of this policy occurs, corrective action may include counselling and /or other disci- plinary action, including possible discharge. • 302.3 Reporting Requirements. All City employees, officers or officials who know, or have reason to know, of a possible violation of this policy shall immediately report the matter to the Personnel Director. The Personnel Director shall promptly arrange for the investigation of the matter, with the assistance of appropriate City staff if necessary, and determine if, based upon all the circumstances, a preponderance of the evidence indicates that a violation of this policy has occurred. In the event that the Personnel Director concludes that a violation has occurred, the Personnel Director shall meet with the aggrieved applicant or employee and advise that individual, in writing, what steps will be taken to correct or remedy the problem. If the Personnel Director determines that no violation occurred or that there is insufficient evidence to conclude that a violation has occurred, the Personnel Director shall advise the applicant or employee of such determination. 302.4 Sanctions. Any City employee, officer or official who engages in any conduct that is prohibited in Section 302.1, who fails to carry out the duties identified in Section 302.2, or who is aware of but fails to report such conduct when he or she should do so pursuant to Section 302.3 shall be subject to appropriate • disciplinary action, including termination. Disciplinary action shall be processed as provided in Section 9 of these policies. -4- 302.5 State and Federal Rijrhts. Unlawful employment discrimination is prohibited by state and federal laws. All City employees and job applicants should bring any complaint to the attention of their supervisor • or, if they prefer, to the immediate attention of the Personnel Department. Applicants and employees also have the right to file discrimination complaints with the California Department of Fair Employment and Housing and /or the Federal Equal Employment Opportunity Commission. This policy is intended to provide applicants and employees with a means of protecting against and promptly correcting problems caused by discriminatory conduct without the need to file a complaint with these agencies. It is not intended to impair, or in any way interfere with, any right the applicant or employee may have under applicable state and federal laws." • BE IT FURTHER RESOLVED that a copy of this Policy shall be given to each current City employee, to all newly -hired employees,. and posted in those areas in which employees congregate; BE IT FURTHER RESOLVED that all candidates for employment shall be advised of the Policy and given a copy on request. ADOPTED this 9th day of November, 1987. ATTEST: City Clerk -5-