HomeMy WebLinkAboutPolicy 47 - Policy Against Discrimination And Harassment And Complaint ProcedureOTAY WATER DISTRICT
BOARD OF DIRECTORS POLICY
Subject:Policy
Number
Date
Adopted
Date
Revised
POLICY AGAINST DISCRIMINATION,
HARASSMENT, RETALIATION, AND COMPLAINT
PROCEDURE
47 10/11/05 05/01/19
Page 1 of 7
PURPOSE
The Otay Water District (“District”) disapproves of and will not
tolerate unlawful discrimination or harassment of its employees,
members of the Board of Directors, unpaid interns, volunteers, job
applicants or persons providing services pursuant to a contract with
the District, or retaliation against those who report such behavior.
This policy sets forth a procedure for investigating and resolving
internal complaints of discrimination, harassment, or retaliation.
DEFINITIONS
Discrimination – Any decision or action that is based on a District
employee’s, unpaid intern’s, volunteer’s, job applicant’s, or person
providing services pursuant to a contract with the District’s status
as a member of a protected class that adversely affects the
employee, unpaid intern, volunteer, job applicant, person providing
services pursuant to a contract with the District, or his/her work
conditions, terms of employment, or work environment.
Harassment – Any decision or action that is based on a District
employee’s, unpaid intern’s, volunteer’s, job applicant’s, or person
providing services pursuant to a contract with the District’s status
as a member of a protected class, made for the purpose or having the
effect of adversely affecting that employee’s, unpaid intern’s,
volunteer’s, job applicant’s or person providing services pursuant
to a contract with the District’s terms of employment, work
conditions, or work environment. Harassment may include, but is not
limited to:
Verbal conduct such as epithets, derogatory jokes or
comments, slurs, or unwelcome invitations or comments;
Visual displays such as derogatory posters, photography,
cartoons, drawings or gestures;
Physical conduct including assault, unwanted touching,
intentionally blocking normal movement or interfering with
work.
Such conduct constitutes harassment when (1) submission to the
conduct is made as either an explicit or implicit condition of
employment; (2) submission or rejection of the conduct is used as
OTAY WATER DISTRICT
BOARD OF DIRECTORS POLICY
Subject:Policy
Number
Date
Adopted
Date
Revised
POLICY AGAINST DISCRIMINATION,
HARASSMENT, RETALIATION, AND COMPLAINT
PROCEDURE
47 10/11/05 05/01/19
Page 2 of 7
the basis for an employment decision; or (3) the harassment
interferes with work performance or creates an intimidating,
hostile, or offensive work environment.
Sexual Harassment – Sexual harassment consists of unwelcome sexual
advances, requests for sexual favors, or verbal, visual, or physical
conduct pertaining to a person’s sex (including pregnancy,
childbirth, breastfeeding or related medical conditions) and/or of a
sexual nature, when submission to such conduct is committed by a
supervisor, co-worker, or a non-employee, in the work setting, under
any of the following conditions:
1.Submission to the conduct is explicitly or implicitly made a
term or condition of employment, progress, or participation
in a District employment activity; or
2.Submission to, or rejection of, the conduct by the individual
is used as the basis of employment decision(s) affecting the
individual; or
3.The conduct has the purpose or effect of having a negative
impact upon the individual's work performance or of creating
an intimidating, hostile, or offensive work environment.
Examples of actions that might constitute sexual harassment, include
but are not limited to:
1.Unwelcome verbal conduct such as sexual flirtations or
propositions; graphic comments; overly personal
conversations; pressure for sexual activity; sexual jokes or
stories; unwelcome sexual slurs; epithets; threats;
innuendoes; derogatory comments; sexual descriptions;
degrading comments; or the spreading of sexual rumors.
2.Unwelcome visual conduct such as sexually explicit drawings,
pictures, photographs, gestures, emails, text messages and/or
communications via social media; display of sexually explicit
or suggestive objects.
OTAY WATER DISTRICT
BOARD OF DIRECTORS POLICY
Subject:Policy
Number
Date
Adopted
Date
Revised
POLICY AGAINST DISCRIMINATION,
HARASSMENT, RETALIATION, AND COMPLAINT
PROCEDURE
47 10/11/05 05/01/19
Page 3 of 7
3.Unwelcome physical conduct such as massaging, rubbing,
grabbing, fondling, stroking, brushing of the body; touching
in an unwanted and/or sexual manner; cornering, blocking,
leaning on or over, or impeding normal walking, movements, or
standing.
4.Threats and demands to submit to sexual requests as a
condition of continued employment, condition for advancement
in pay, position or authority or to avoid an adverse
consequence, and offers of employment benefits in return for
sexual favors.
Two general categories of sexual harassment exist: (1) Quid pro quo,
meaning "this for that" such as submission to sexual conduct as a
condition of employment, benefits or terms and conditions of
employment, and (2) Hostile work environment, meaning the sexual
conduct is so severe, or pervasive that it creates an intimidating,
demeaning, hostile, or offensive environment that unreasonably
interferes with an employee’s job performance.
Protected Class – Any class of persons who share a common sex, race,
color, religious creed including religious dress and grooming
practices, national origin, ancestry, physical or mental disability,
medical condition, genetic information, marital status, age, sexual
orientation, military or veteran status or any other “protected
class” recognized by federal or state laws. For purposes of this
definition, “sex” includes gender, gender identity, gender
expression, sex stereotype, transgender, pregnancy, childbirth,
breastfeeding, or a pregnancy-related or childbirth-related medical
condition.
Retaliation – Any decision or action that is based on the fact that
a District employee, unpaid intern, volunteer, job applicant, or
person providing services pursuant to a contract with the District
has previously complained of Discrimination, Harassment, or
Retaliation prohibited by this Policy (regardless of whether a
formal complaint has been made) or has provided evidence in the
investigation of another District employee’s, unpaid intern’s,
volunteer’s, job applicant’s or person providing services pursuant
to a contract with the District’s complaint under this Policy, made
OTAY WATER DISTRICT
BOARD OF DIRECTORS POLICY
Subject:Policy
Number
Date
Adopted
Date
Revised
POLICY AGAINST DISCRIMINATION,
HARASSMENT, RETALIATION, AND COMPLAINT
PROCEDURE
47 10/11/05 05/01/19
Page 4 of 7
for the purpose of adversely affecting the employee’s, unpaid
intern’s, volunteer’s, job applicant or person providing services
pursuant to a contract with the District’s conditions of employment,
terms of employment, or work environment.
POLICY
The District is committed to providing a work environment free of
unlawful Discrimination, Harassment, or Retaliation against those
who report Discrimination or Harassment. Discrimination or
Harassment based on sex (including gender, gender identity, gender
expression, sex stereotype, transgender, pregnancy, childbirth,
breastfeeding, or related medical condition), race, color, religious
creed including religious dress and grooming practices, national
origin, ancestry, physical or mental disability, medical condition,
genetic information, marital status, age, sexual orientation,
military or veteran status, or any other basis protected by federal
or state law, is prohibited. Discrimination or Harassment based on
the perception that a person has any of the aforementioned
characteristics, or is associated with a person who has or is
perceived as having any of the aforementioned characteristics, is
prohibited. Retaliation against any person who complains of
unlawful Discrimination or Harassment or who provides evidence
relating to such a complaint, is prohibited.
This Policy applies to all terms and conditions of employment
including, but not limited to: hiring, placement, advancement,
promotion, disciplinary action, layoff, recall, transfer, leave of
absence, compensation and training. It applies to every District
employee including management, regular, temporary or contract
employees, members of the Board of Directors, unpaid interns,
volunteers, job applicants and to persons providing services
pursuant to a contract with the District. Similarly, the District
will not tolerate Discrimination or Harassment by its employees,
unpaid interns, volunteers, or non-employees with whom the District
has a business, service or professional relationship. The District
will also take reasonable steps to protect employees, unpaid
interns, and volunteers from Harassment by non-employees in the
workplace. Training will be provided to all supervisory and
OTAY WATER DISTRICT
BOARD OF DIRECTORS POLICY
Subject:Policy
Number
Date
Adopted
Date
Revised
POLICY AGAINST DISCRIMINATION,
HARASSMENT, RETALIATION, AND COMPLAINT
PROCEDURE
47 10/11/05 05/01/19
Page 5 of 7
nonsupervisory employees, management, and the Board of Directors as
required by law.
COMPLAINT PROCEDURE
An employee, unpaid intern, volunteer, job applicant, or person
providing services pursuant to a contract with the District, who
believes he or she has been the victim of Discrimination,
Harassment, or Retaliation by a District employee, a member of the
Board of Directors, or a person providing services pursuant to a
contract with the District may make a complaint verbally, or in
writing by completing the District’s Discrimination, Harassment, and
Retaliation Complaint Form. An employee, unpaid intern, or volunteer
may make a complaint to any of the following:
Human Resources;
Any Supervisor, Manager, Department Assistant Chief,
Department Chief, or General Manager;
Complaints against the General Manager should be directed to
the President of the Board of Directors.
Job applicants, or persons providing services pursuant to a contract
with the District may make a complaint to any of the following:
Human Resources or;
General Manager.
Any person described above shall forward each written
Discrimination, Harassment, and Retaliation complaint to the General
Manager or designee, immediately upon receiving the complaint or
having knowledge of the complaint. If a complaint is made verbally,
the person receiving the complaint shall notify Human Resources
immediately.
Every reported complaint of Discrimination, Harassment or
Retaliation will be investigated in a fair, timely and thorough
manner. If any Manager, Supervisor, Department Assistant Chief, or
Department Chief becomes aware of or suspects Discrimination,
Harassment, or Retaliation against a District employee, unpaid
intern, volunteer, job applicant, member of the Board, or person
providing services pursuant to a contract with the District, he/she
OTAY WATER DISTRICT
BOARD OF DIRECTORS POLICY
Subject:Policy
Number
Date
Adopted
Date
Revised
POLICY AGAINST DISCRIMINATION,
HARASSMENT, RETALIATION, AND COMPLAINT
PROCEDURE
47 10/11/05 05/01/19
Page 6 of 7
must immediately notify the Human Resources Manager of the relevant
facts and circumstances.
The General Manager or designee may conduct an investigation of
alleged Discrimination, Harassment, or Retaliation, or may delegate
responsibility for the investigation to another District management
employee or an outside investigator. If the complaint is against the
General Manager, the President of the Board of Directors shall be
responsible for conducting an investigation, assigning the
investigation to another management employee or outside
investigator, and overseeing the investigation. If the complaint is
against the Board of Directors or one of its members, the General
Manager shall be responsible for contracting with an outside
investigator to conduct the investigation. The Board will take
appropriate action based on the findings.
During its investigation, the District shall take appropriate steps
to protect the privacy of all parties involved and confidentiality
will be maintained to the extent possible. However, this shall not
be construed to justify refusing to inform a person who has been
accused of violating this Policy of the identity of the complainant
and witnesses against him/her. Reports of Discrimination,
Harassment, or Retaliation may not be made anonymously, but
information regarding any report and subsequent investigation will
be disseminated on a “need to know” basis.
If a finding is made that Discrimination, Harassment, or Retaliation
has occurred, the District shall take remedial action appropriate to
the circumstances, which may include disciplinary action up to and
including termination for an employee, separation from the
internship or volunteer opportunity for an unpaid intern or
volunteer who has violated this Policy, or sanctions for a person
providing services pursuant to a contract with the District, who has
violated this Policy.
Every District employee, unpaid intern, volunteer, job applicant,
member of the Board of Directors, and person providing services
pursuant to a contract with the District, has a duty to participate
in good faith in any investigation conducted under this Policy.
Failure to participate in good faith is a ground for disciplinary
OTAY WATER DISTRICT
BOARD OF DIRECTORS POLICY
Subject:Policy
Number
Date
Adopted
Date
Revised
POLICY AGAINST DISCRIMINATION,
HARASSMENT, RETALIATION, AND COMPLAINT
PROCEDURE
47 10/11/05 05/01/19
Page 7 of 7
action appropriate to the circumstances. All employees, unpaid
interns, volunteers, job applicants, members of the Board of
Directors and persons providing services pursuant to a contract with
the District are encouraged to report, in good faith,
Discrimination, Harassment, or Retaliation. The District will not
tolerate Retaliation against any employee, unpaid intern, volunteer,
job applicant, member of the Board of Directors, or person providing
services pursuant to a contract with the District who makes a good
faith complaint of Discrimination, Harassment or Retaliation, or
cooperates in an investigation. However, reports made maliciously
or in bad faith may subject an employee, unpaid intern, volunteer,
job applicant, member of the Board of Directors, or person providing
services pursuant to a contract with the District, to disciplinary
action appropriate to the circumstances up to and including
termination for an employee, separation from the internship or
volunteer opportunity for an unpaid intern or volunteer, or
sanctions for a member of the Board of Directors or a person
providing services pursuant to a contract with the District.
The action of filing a complaint with the District does not preclude
a complainant from filing a complaint with the appropriate State or
Federal agency. An employee, unpaid intern, volunteer, job applicant
or a person providing services pursuant to a contract with the
District may contact the Equal Employment Opportunity Commission at
www.eeoc.gov or (213) 894-1000, or the Department of Fair Employment
and Housing at www.dfeh.ca.gov or (800) 884-1684 to file a
complaint, or for information relating to discrimination complaint
procedures and requirements.
POLICY HISTORY
Human Resources Policy and Procedure, Effective August 4, 1993.
Board Policy adopted October 11, 2005.