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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.