[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]
A.
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:
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 a basis for employment decisions affecting such individual; or
3.
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.
B.
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:
1.
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.
2.
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.
3.
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.
4.
Retaliation for sexual harassment complaints.
[CC 1996 §130.120; Ord. No. 1030 §1, 12-8-1997]
A.
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:
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Department Head
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City Administrator
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Mayor
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B.
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.
C.
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.
D.
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.
