City Policies Flashcards
Sexual Harassment
Sexual Harassment is a form of sex discrimination and is prohibited by what 3 authorities?
- Civil Rights Act of 1964
- Washington State’s Law Against Discrimination
- Spokane Municipal Code
Sexual Harassment
What is Sexual Harassment?
Any verbal, non-verbal, or physical behavior of a sexual nature which is unwelcome, uninvited, and offensive to a reasonable person in the recipient’s position and alters the condition of the receipient’s employment.
It is a form of employee misconduct which is demeaning to another person and undermines the integrity of the employment relationship
Sexual Harassment
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when: (3)
- Submission to such conduct is either an explicit or implicit term or condition of employment
- Submission to or rejection of the conduct is used as a basis for employment decisions affecting the recipient
- Such conduct has the purpose or effect of unreasonable interfering with an individual’s work performance or creating an objectively hostile work environment
Sexual Harassment
Anyone who violates the Sexual Harassment policy will be subject to what?
disciplinary action up to and including discharge.
Sexual Harassment
What is the Potential Liability of the City and Employee concerning Sexual Harassment?
- Both can be held liable.
- City may be held liable for sexual harassment by supervisors regardless of whether or not the City is aware of the behavior.
- City may be liable for sexual harassment by co-workers if the City knew, or should have known, of the conduct
Sexual Harassment
A complainant is encouraged to use what to resolve sexual harassment?
City’s complaint procedures
Sexual Harassment
Complainants can file, within certain time frames, to the following appropriate state and federal agencies: (3)
State of Washington–Human Rights Commission
Federal Government–Equal Employment Opportunity Commission
Office of Federal Contract Compliance Program
Sexual Harassment
All complaints concerning sexual harassment must be ______ or ______ by the individual receiving the complaint and dated upon receipt.
signed or attested to
Sexual Harassment
Ideally, violations of the sexual harassment policy will be resolved how?
At the lowest appropriate level, informally and effectively
Sexual Harassment
What should supervisors do once they are notified of alleged sexual harassment?
- Document and report the incident to the dept. head
- Investigate the complaint
- Take appropriate corrective action
- Forward the results of the investigation to the Human Resources Dept
- Provde official findings and comments to the complaintant, in writing,within 10 workind days of receipt of the complaint
Sexual Harassment
If a complaintant is not satisifed with the actions taken by the supervisor and results of the investigation, how long does the complaintant have to bring the issue to the attention to the dept. head?
5 working days of receipt of the supervisors response
Sexual Harassment
Who shall be notified of ALL sexual harassment complaints so that a record may be maintained as required by the EEOC?
Human Resources Dept
Sexual Harassment
Who shall administer the Sexual Harassment city policy?
Human Resources Dept
General Harassment
What is the definition of Harassment?
Any unwelcomed action by any person whether verbal or physical, on a single or repeated basis, which humiliates, insults or degrades
General Harassment
What does “Unwelcomed” or “unwanted” mean?
any action which the harasser knows or should reasonably know are not desired by the victim of the harassment
General Harassment
Under what harassment complaints can a complainant also file with appropriate state and federal agencies?
Harassment compaints dealing with
race color religion sex age national origin veteran status disability
General Harassment
When can a complaint be submitted directly to the Human Resources Director?
at any time
General Harassment
Employee rights with respect to harassment are also protected under what?
Washington State Law Against Discrimination
RCW 49.60
U.S. Civil Rights Act of 1964 and 1991
Spokane Municipal Code Ch 1.06
Electronic records, including emails, may be public records under what?
Washington State’s Public Disclosure Act RCW 42.17
and
the law governing preservation and destruction of public records RCW 40.14
Information contained in the City’s email system is the property of who? Who can access it under various state or federal laws?
Property of the City
Members of public can access it
Information can be ___, ___, or ___ by the city without notice and without employee permission
opened
read
inspected
What is prohibited in emails?
- Political statments
- Obscene, profane, threatening language
- Harassing statements
- References to sex or personal relationships
- Violations of personal privacy
- Union activity–unless pre-approved
- Illegal activity–pools, gambling
- Non-city business
- Jokes
Employees have limited use of equipment to access email for purposes other than that directly or indirectly related to activities of the city under what conditions?
- Cause no additional cost to the city
- Equipment being used is normally used by the employee and causes no disruption
- Time spent processing personal email doesnt impact his ability to do their job
- Use doesnt disrupt city functions
- Doesn’t violate any other city policy
Is electronic email confidential?
No. it is nearly always a public record
Before disclosure to the requesting party, who will be notified if possible?
the employee