[CC 1996 §130.100; Ord. No. 1030 §1, 12-8-1997]
The City of Bowling Green recognizes its responsibility to all employees to maintain a working environment free from sexual harassment. To achieve this environment, appropriate methods such as affirmatively addressing the subject, expressing strong disapproval, developing appropriate sanctions and informing employees of their right to raise the issue of sexual harassment are utilized to alert employees to the problem.
[CC 1996 §130.110; Ord. No. 1030 §1, 12-8-1997]
Harassment on the basis of sex is a violation of Section 703 of Title VII of the 1964 Civil Rights Act. According to the Act, sexual harassment consists of unwelcome sexual advances, requests for sexual favors or other verbal or physical acts of a sexual or sexual-based nature where:
Submission to such conduct is made, either explicitly or implicitly, a term or condition of an individual's employment;
Submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting such individual; or
Such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment.
The City of Bowling Green considers the following conduct to represent some of the types of acts which violate the City's Sexual Harassment Policy, but are not limited to:
Physical assaults of a sexual nature including, but not limited to, rape, sexual battery, molestation, intentional physical conduct which is sexual in nature, such as touching, pinching, patting, grabbing, etc.
Unwanted sexual advances, propositions or sexual comments including, but not limited to, sexually oriented gestures, noises, remarks, jokes or comments in the presence of any employee who indicates or has indicated in any way that such conduct in his/her presence is unwelcome; also preferential treatment or promises of preferential treatment to an employee for submitting to sexual conduct.
Sexual or discriminatory displays or publications anywhere in the City's workplace by City employees including, but not limited to, pictures, posters, calendars, graffiti, objects, reading materials or other materials that are sexually suggestive, demeaning or pornographic.
Retaliation for sexual harassment complaints.
[CC 1996 §130.120; Ord. No. 1030 §1, 12-8-1997]
Any employee who believes he/she has been the subject of sexual harassment should report the alleged act immediately, but within three (3) working days, to any one (1) of the following individuals:
An investigation of all complaints will be undertaken immediately. All information disclosed in the complaint and the investigation procedure will be held in the strictest confidence and only disclosed when necessary to investigate and resolve the matter.
Any supervisor, manager, officer or other employee who has been found, after appropriate investigation, to have sexually harassed another employee will be subject to appropriate disciplinary action which may, depending upon the circumstances, be a written warning, suspension or discharge.
The employer recognizes that the question of whether a particular action or incident is a purely personal, social relationship, without a discriminatory employment effect, requires a factual determination based upon all facts in each individual case. Given the nature of this type of discrimination, the employer recognizes also that false accusations of sexual harassment can have serious effects on innocent women and men. The City strongly urges all employees of the City of Bowling Green to continue to act responsibly in order to establish a pleasant working environment free of discrimination.