[HISTORY: Adopted by the City Council of
the City of Trenton 1-23-2020 by Ord. No. 20-6. Amendments noted where
applicable.]
A.
General Anti-Harassment Policy.
(1)
The City does not tolerate and expressly prohibits harassment of
an employee by another employee, elected or appointed official, management
representative, supplier, contractor, consultant, volunteer, or business
invitee on the basis of actual or perceived sex, pregnancy, race,
creed, color, religion, national origin, ancestry, age, marital status,
LGBT, affectional or sexual orientation, domestic partnership status,
civil union status, atypical heredity, cellular or blood trait, genetic
information or family medical history, mental and physical disability
(including AIDS- or HIV-related illnesses), gender identity or expression,
genetic information liability for military service, retaliation, equal
pay and/or any other characteristic protected by law. Harassment of
nonemployees by City employees or elected officials is also strictly
prohibited.
(2)
Harassment includes but is not limited to slurs, epithets, threats,
derogatory comments, unwelcome jokes, teasing, caricatures or representations
of persons using electronically or physically altered photos, drawings,
or images, and other similar verbal, written, printed or physical
conduct.
(3)
If an employee or elected or appointed official is witness to or
believes that he/she has experienced harassment, immediate notification
of the supervisor or other appropriate person should take place.
(4)
Harassment of any employees, in connection with their work, by nonemployees
may also be a violation of this policy. Any employee who experiences
harassment by a nonemployee, or who observes harassment of an employee
by a nonemployee, should report such harassment to the supervisor.
Appropriate action will be taken against any nonemployee.
(5)
Notification to appropriate personnel of any harassment problem is
essential to the success of this policy and the City generally. The
City cannot resolve a harassment problem unless it knows about it.
Therefore, it is the responsibility of all employees to bring those
kinds of problems to attention of the appropriate officials so that
steps are taken to correct them.
(6)
All complaints of harassment and investigations resulting therefrom
shall be handled in a manner that will protect the privacy interests
of those involved.
(8)
Violation of this anti-harassment policy or filing a knowingly false
claim of harassment will subject employees to disciplinary action,
up to and including immediate discharge.
A.
The City strictly prohibits sexual harassment of an employee by another
employee, elected official, management representative, supplier, contractor,
consultant, volunteer, or business invitee. The City prohibits sexual
harassment from occurring in the workplace or at any other location
at which City-sponsored activity takes place. Sexual harassment of
nonemployees by our employees is also strictly prohibited. The purpose
of this policy is not to regulate personal morality or to encroach
upon one's personal life, but to demonstrate a strong commitment
to maintaining a workplace free of sexual harassment.
B.
Unwelcome sexual advances, requests for sexual favors and other verbal,
physical or visual conduct of a sexual nature constitute harassment
when:
(1)
Submission to such conduct is made either explicitly or implicitly
a term or condition of an individual's employment;
(2)
Submission to or rejection of such conduct by an individual is used
as the basis for an employment decision affecting the individual;
or
(3)
Such conduct has the purpose or effect of unreasonably interfering
with an individual's work performance or creating an intimidating,
hostile or offensive work environment.
C.
Regarding unwelcome sexual advances toward nonemployees, requests
for sexual favors and other verbal, physical or visual conduct of
a sexual nature constitute harassment when:
(1)
Submission to such conduct is made either explicitly or implicitly
in exchange for a benefit;
(2)
Submission to or rejection of such conduct by an individual is used
as the basis for a decision affecting the individual; or
(3)
Such conduct has the purpose or effect of unreasonably interfering
with an individual's activities or creating an intimidating,
hostile or offensive environment.
D.
Sexual harassment may include unwanted sexual advances; offering
employment benefits in exchange for sexual favors; visual conduct
such as leering, making sexual gestures, displaying of sexually suggestive
objects or pictures, cartoons or posters; verbal sexual advances,
propositions or requests; verbal abuse of a sexual nature; graphic
verbal commentaries about an individual's body; sexually degrading
words used to describe an individual; suggestive or obscene letters,
caricatures or representations of persons using electronically or
physically altered photos, drawings, or images; notes or invitations;
and/or physical conduct, including touching, assault, or impeding
or blocking movements.
E.
If an employee or elected or appointed official is witness to or
believes that the employee has experienced sexual harassment, they
must immediately notify their supervisor or other appropriate person.
F.
Any employee who experiences sexual harassment by a nonemployee,
or who observes sexual harassment of an employee by a nonemployee,
should report such sexual harassment to their supervisor.
G.
All complaints of harassment and investigations resulting therefrom
shall be handled in a manner that will protect the privacy interests
of those involved.
H.
Notification by an employee to appropriate personnel of any sexual
harassment problem is essential to the success of this policy and
the City generally. The City cannot resolve a sexual harassment problem
unless it is reported. Therefore, it is the responsibility of all
employees to bring those kinds of problems to the attention of management
so that steps are necessary to correct them.
J.
Violation of this sexual harassment policy or filing a knowingly
false claim of sexual harassment will subject employees to disciplinary
action, up to and including immediate termination of employment.
A.
Bullying is harmful to the employees of the City, resulting in reduced
productivity, efficiency and morale, and increased absenteeism and
turnover. In providing a productive working environment, the City
believes that its employees should be able to enjoy a workplace free
from all forms of bullying conduct.
B.
It is against the policy of the City for any employee or appointed
or elected official to bully another employee or appointed or elected
official.
C.
Bullying occurs whenever there is severe, repeated mistreatment that
targets one or more persons which, through verbal abuse, offensive
conduct, public or private intimidation or interference, that creates
an intimidating, hostile, or offensive working environment; interferes
with a person's work performance; or otherwise adversely affects
a person's employment experience with the City.
D.
Bullying conduct could include, but is not limited to, repeated and
aggressive:
(1)
Teasing, name-calling, slandering, ridiculing, or maligning a person
or his/her family;
(2)
Screaming, shouting, yelling, or swearing at another in public or
private;
(3)
Persistent phone calls, voicemails, emails, or postings to or about
another person;
(4)
Unreasonable public criticism, reprimands, or trivializing of another's
work;
(5)
Excluding others from meetings or social situations, or giving the
"silent treatment";
(6)
Destructive gossip, rumors or innuendo;
(7)
Physical pushing, shoving, or throwing things;
(8)
Nonverbal threatening gestures or glances, staring or glaring;
(9)
Intentional interference with another's work, for example, through
impossible deadlines or supplying insufficient or incorrect resources
or information;
(10)
Evaluative work performance comments by one's supervisor relating
to deficiencies, constructive feedback, and counseling are appropriate
and reasonable and do not constitute bullying behavior.
E.
Any employee or appointed or elected official who believes he or
she has been bullied in violation of this policy should report the
conduct immediately to his or her supervisor; or, if that person is
responsible for the behavior, to the Personnel Department. An employee
always has the option of reporting the conduct directly to the Personnel
Department if he or she prefers.
F.
A thorough and impartial investigation of all complaints will be
conducted in a timely and confidential manner. Confidentiality will
be maintained during the investigation to the extent possible without
jeopardizing the thoroughness of the investigation.
G.
Any employee or appointed or elected official of the City who has
been found, after investigation, to have bullied another in violation
of this policy will be subject to a required apology, counseling,
training and/or disciplinary action, up to and including termination
of employment.
I.
Violation of this bullying policy or filing a knowingly false claim
of bullying will subject employees to disciplinary action, up to and
including immediate termination of employment.
