HomeMy WebLinkAbout87-158 - 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-