A.
Unlawful harassment.
(1)
The City of El Paso is committed to providing a workplace that is
free from all forms of discrimination and harassment, including sexual
harassment. Any employee found to be engaging in harassment may be
subject to disciplinary action up to and including termination. Sexual
harassment could also subject the city and, in some cases, an individual
to substantial civil penalties.
(2)
The City's policy on harassment is part of its overall compliance
with state and federal laws prohibiting discrimination and harassment
based on an individual's actual or perceived age, race, color,
sex, sexual orientation, gender, gender identity or transitioning
status, pregnancy, genetic information, religion, national origin,
citizenship status, workplace authorization status, unfavorable discharge
from the military, marital status, physical or mental disability,
or any other legally protected characteristic or basis under applicable
law, where the unwelcome conduct affects tangible job benefits, unreasonably
interferes with an individual's work performance, or creates
an intimidating, hostile, or offensive working environment.
(3)
Each employee of the City bears the responsibility to refrain from
any form of harassment in the workplace. Furthermore, it is the responsibility
of all supervisors to make sure that the work environment is free
from harassment. All forms of discrimination and conduct which can
be considered harassing, coercive, or disruptive, or which create
a hostile or offensive environment must be eliminated. Instances of
harassment must be investigated in a prompt and effective manner.
(4)
The following is a partial list of behavior that may be considered
harassing or offensive in nature:
(a)
Visual conduct that includes leering, making gestures, or displaying
objects or pictures, cartoons or posters that are offensive.
(b)
Verbal conduct that includes making or using derogatory comments,
epithets, slurs, or jokes.
(c)
Physical conduct that includes touching, assaulting, or impeding
or blocking movements.
(5)
All City of El Paso employees, particularly those in supervisory
or management positions, are expected to become familiar with the
contents of this policy and to abide by the requirements it establishes.
B.
Sexual harassment.
(1)
Sexual harassment is defined as: Any unwelcome sexual advances or
requests for sexual favors or any conduct of a sexual nature when:
(a)
Submission to such conduct is made, either explicitly or implicitly,
a term or condition of an individual's employment;
(b)
Submission to or rejection of such conduct by an individual
is used as the basis for employment decisions affecting such individual;
or
(c)
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.
(2)
No representative of the City has the authority to request or require
an employee or applicant to submit to sexual harassment as a condition
of receiving any job benefit (such as a raise or a promotion) or avoiding
any job detriment (such as a pay cut or demotion).
(3)
Conduct commonly considered to be sexual harassment includes:
(a)
Verbal: sexual innuendos, suggestive comments, insults, humor
and jokes about sex, anatomy, or gender-specific traits, sexual propositions,
threats, repeated requests for dates, or statements about other employees,
even outside their presence, of a sexual nature.
(b)
Non-verbal: Suggestive or insulting sounds (whistling), leering,
obscene gestures, sexually suggestive bodily gestures, "catcalls,"
"smacking," or "kissing" noises.
(c)
Visual: posters, signs, pin-ups, or slogans of a sexual nature.
(d)
Physical: Touching, unwelcome hugging or kissing, pinching,
brushing the body, coerced sexual intercourse, or actual assault.
(4)
No employee, regardless of gender, should be subjected to unsolicited
or unwelcome sexual overtures or conduct in the workplace.
(5)
The most severe and overt forms of sexual harassment are easier to
determine. On the other end of the spectrum, some sexual harassment
is subtler and depends to some extent on the perception and interpretation
of the individual to whom the harassment is being directed.
(6)
Additional information regarding an employee's right to be free
from sexual harassment under Illinois law is included in Appendix
A.
C.
Working environment and non-employees.
(1)
Under this policy, an employee's "working environment" is not
limited to the physical location where the employee is assigned or
regularly performs his or her duties on behalf of the City. The "working
environment" extends to other work sites including off-site, mobile,
or moving work sites/locations.
(2)
The prohibition that supervisors and co-workers do not engage in
sexual harassment applies to non-employees such as patrons, vendors,
and service providers. Non-employees can be victims of sexual harassment
and/or perpetrators of sexual harassment.
D.
Sexual harassment in online environments.
(1)
Online conduct and through social media can constitute sexual harassment
even when it occurs during non-working hours, for example, if an employee
is "off the clock," "off-site," or even "out of state."
(2)
Online sexual harassment includes using email, cell phone texts,
internet posting, online comments, blog posts and social media (e.g.
Facebook, Twitter, Linkedln, Instagram, You Tube and SnapChat) to
send communications of a sexual nature. Examples include:
E.
Responsibility of individual employees.
(1)
Each individual employee has the responsibility to refrain from harassment
in the workplace and work environment. Additionally, each individual
employee must immediately report behavior in violation of the City's
anti-discrimination and anti-harassment policies set forth in this
handbook.
(3)
An individual employee who engages in sexual harassment of a coworker
in violation of this policy is not engaging in acceptable conduct
within the course and scope of his/her employment.
(4)
The harassing employee will be subject to disciplinary action up
to and including termination in accord with the City's disciplinary
policy and the terms of any applicable CBA.
F.
Responsibility of supervisory employees.
(1)
Each supervisor is responsible for maintaining the workplace free
from harassment and all other misconduct in violation of the City's
workplace policies. This is accomplished by promoting a professional
environment at all times and by prohibiting harassment as with all
other forms of employee misconduct.
(2)
Specifically, a supervisor must immediately address an observed incident
of harassment or a complaint, with seriousness, take immediate action
to report it, and observe strict confidentiality. This also applies
to instances where an employee (whether the victim or not) informs
the supervisor about behavior in violation of this policy but does
not want to make a formal complaint. The supervisor must inform the
employee that "A request not to investigate a reported violation of
this policy cannot be honored."
(3)
In addition, supervisors must ensure that an employee making a sexual
harassment complaint will not be subject to retaliatory action.
(4)
Supervisors in need of information regarding their obligations under
this policy or procedures upon receipt of a complaint of harassment
should contact Director of Public Service.
H.
Elected and appointed officials. Because the City of El Paso promotes
civility and respectful interactions at all levels of the organization,
it is critical that elected and appointed officials understand their
responsibilities to comply with this policy. Elected and appointed
officials are also expected to treat each other in a manner consistent
with this policy. Any elected or appointed official who believes they
have experienced prohibited conduct by another elected or appointed
official that is inconsistent with the City's anti-harassment
policy should notify the Director of Public Service. After receiving
the complaint, the City may initiate an investigation using an independent
investigator experienced in investigating workplace harassment complaints.
I.
Complaints.
(1)
An employee is not required to directly confront the person who is
the source of his or her report, question, or complaint before notifying
the appropriate supervisor. Nevertheless, an employee is required
to immediately report the wrongdoing or conflict.
(2)
Complaints alleging a violation of this policy are required to be
reported and must immediately be brought to the attention of appropriate
City officials as soon as possible after the incident giving rise
to the complaint. If you are aware of workplace conflict or wrongdoing
taking place, you must immediately discuss your questions, problems,
complaints, or reports with your direct supervisor. If you feel uncomfortable
doing so, or if your direct supervisor is the source of the problem
condones the problem, or ignores the problem, immediately report to
your supervisor's supervisor. If neither of these alternatives
is satisfactory to you, then you can immediately direct your questions,
problems, complaints or reports to the Director of Public Service,
or the Mayor.
(3)
The City will make every effort to respect the privacy of those involved
in an investigation under this policy. However, please understand
that we may need to disclose certain information to complete our investigation
or otherwise address the matters raised during the investigation.
Complainants are entitled to respect during the investigation process
and shall not be subjected to harassment or retaliation as a result
of having filed a complaint or appealed a decision. The City, the
State Officials and Employees Ethics Act, the Whistleblower Act, and
the Illinois Human Rights Act, and other applicable laws, prohibit
retaliation against any employee who alleges a good faith complaint
of sexual harassment, or who participates in any related investigation.
Anyone who violates this rule is subject to disciplinary action up
to and including termination. Caution must be exercised, however,
to accurately state the facts giving rise to the complaint and to
avoid groundless complaints, for example, brought solely out of vengeance
or to defame an individual. Grossly inaccurate or groundless complaints
made in bad faith will subject the complainant to disciplinary action,
up to termination of employment.
J.
Sexual harassment prevention training. The City will require all
employees regardless of their status to complete anti-sexual harassment
prevention training annually that complies with Section 2-109 of the
Illinois Human Rights Act ("IHRA").
A.
Internal.
(1)
An employee who becomes aware, observes, or believes herself/himself
to be the object of harassment in violation of the City's anti-harassment
policy is encouraged to deal with the incident(s) as directly and
firmly as possible by clearly communicating his/her position to the
employee's supervisor, department head, Director of Public Services,
or Mayor if the complaint is against the Director of Public Services,
and to the offending employee/nonemployee. It is not necessary for
the harassment to be directed at the person making the complaint.
(2)
Each incident of conduct alleged and reported to be in violation
of the City's anti-harassment policy must be documented or recorded.
A note should be made of the date, time, place, what was said or done,
and by whom. The complainant will be requested to put his or her complaint
in writing too. The documentation may be augmented by written records
such as emails, text messages, social media postings, letters, notes,
memos, and telephone messages.
(3)
No one making a complaint of harassment will be retaliated against
even if a complaint made in good faith is not substantiated. Any witness
to an incident of harassment is also protected from retaliation. However,
any witness who knowingly provides false information in connection
with an investigation under this policy will be subject to discipline,
up to and including termination of employment.
(4)
The process for making a complaint about harassment falls into several
stages.
(a)
Direct communication. If there is harassing behavior in the
workplace, the harassed employee is encouraged and should directly
and clearly express his/her objection that the conduct is unwelcome
and request that the offending behavior immediately stop. The initial
message may be verbal. If subsequent messages are needed, they should
be put in writing in a note or a memo, with a copy provided to a supervisor,
department head, the Director of Public Services, or Mayor if the
complaint is against the Director of Public Services. In addition,
if an employee feels threatened or intimidated and is not comfortable
with direct communication, then the employee should report the alleged
harassment to the employee's supervisor, department head, the
Director of Public Services, or Mayor if the complaint is against
the Director of Public Services.
(b)
Contact supervisory personnel. At the same time direct communication
is undertaken, or in the event the employee feels threatened or intimidated
by the situation, the problem must be promptly reported to the immediate
supervisor. If the alleged harasser is the immediate supervisor, the
problem should be reported to the department head, the Director of
Public Services, or Mayor if the complaint is against the Director
of Public Services. Supervisory personnel to whom a complaint has
been reported must immediately notify the City Administrator.
(c)
Formal written complaint. An employee may also report incidents
of harassment directly to the Director of Public Services, or Mayor
if the complaint is against the Director of Public Services.
(d)
Investigation. The City of El Paso will investigate all claims
of harassment whether formal or informal in as discreet of a manner
as possible.
(e)
If a complaint is made against a Department Head, the Director
of Public Service, the Mayor, or a member of City Council, the City
Attorney will review and investigate the complaint.
(5)
Information learned during the investigation will be handled as confidentially
as possible and, on a need-to-know basis to the extent possible without
impeding the investigation. Every employee's full cooperation
is required in any such investigation. Full cooperation means that
employees will make themselves available as requested to be interviewed,
will answer all questions posed truthfully and completely, will supply
any documentary evidence requested, and more generally, will conduct
themselves in a manner designed to assist the City with the investigation
in every way possible. Failure to cooperate or provide truthful and
complete information during the investigation may result in disciplinary
action, up to and including termination of employment. The results
of the investigation will be discussed with those persons involved
and the City will determine whether any action is warranted in response.
Anyone engaging in sexual or other unlawful harassment or discrimination
in violation of City policies will be subject to disciplinary action,
up to and including termination of employment.
B.
False and frivolous complaints. False and frivolous charges refer
to cases where the accuser is using the harassment complaint to accomplish
some end other than stopping harassment. It does not refer to complaints
or reports made in good faith which cannot be proven. Given the seriousness
of the consequences for the accused, a false and frivolous charge
is a severe offense that can itself result in disciplinary action
up to and including termination.
C.
Bullying in the workplace (abusive conduct).
(1)
The City defines bullying as repeated inappropriate behavior, ether
direct or indirect, whether verbal, physical or otherwise, conducted
by one or more persons against another or others, at the place of
work and/or in the course of employment. All employees should be treated
with respect and dignity and behavior that contradicts this is unacceptable.
(2)
The City will not tolerate abusive conduct or bullying behavior.
Employees found in violation of this policy will be disciplined, up
to and including termination.
(3)
Bullying may be intentional or unintentional. However, as in harassment
and/or discrimination, it is the effect of the behavior on the individual
that is important. The City considers the following types of behavior
examples of bullying:
(a)
Verbal bullying (includes cyber bullying): Slandering, ridiculing,
or maligning a person or his/her family; persistent name calling that
is hurtful, insulting or humiliating; using a person as the butt of
jokes; abusive and offensive remarks; using a tone that could be considered
condescending or humiliating.
(b)
Physical bullying: Pushing, shoving, kicking, poking, tripping,
assault or threat of physical assault, damage to a person's work
area or property.
(c)
Gesture bullying: Nonverbal threatening gestures; glances that
can convey threatening messages.
(d)
Exclusion: Socially or physically excluding or disregarding
a person in work-related activities.
(4)
Although not comprehensive, the following examples may constitute
or contribute to evidence of bullying in the workplace:
(a)
Persistent singling out of one person.
(b)
Shouting or raising voice at an individual in public or private.
(c)
Not allowing the person to speak or express himself of herself
(i.e., ignoring or interrupting).
(d)
Personal insults and use of offensive nicknames.
(e)
Public humiliation in any form including reprimands.
(f)
Spreading rumors and gossip regarding individuals.
(g)
Manipulating the ability of someone to do his or her work (e.g.,
overloading, under loading, withholding information, setting deadlines
that cannot be met and/or deliberately providing ambiguous instructions).
(h)
Taking credit for another person's ideas.
(i)
Deliberately excluding an individual or isolating his/her from
work-related activities.
(5)
Disregarding or failing to comply with this policy could lead to
disciplinary action, up to and including termination of employment.
(6)
False and frivolous complaints refer to cases where the accuser is
using a bullying complaint to accomplish some end other than stopping
bullying. It does not refer to complaints or reports made in good
faith which cannot be proven. Given the seriousness of the consequences
for the accused, a false and frivolous complaint or report is a severe
offense that can itself result in disciplinary action up to and including
termination.
D.
Workplace violence.
(1)
It is the objective of the City of El Paso to ensure the safety and
well-being of our workforce. Therefore, the City has established a
zero-tolerance level for any violent acts of intimidation or threats
towards any City employee.
(2)
City employees are expected to be able to serve angry, upset, or
otherwise disgruntled customers and the general public with patience,
courtesy, and respect; however, no employee is required to tolerate
physical threats to his/her own safety. Further, it is a goal of the
City to maintain a work environment that provides for respectful conflict
resolution.
(3)
The City assumes the initiative for maintaining a safe workplace.
Each department head is charged with the coordination, development,
and maintenance of appropriate procedures for addressing workplace
violence relevant to the functions of that department. These include
the procedures for prevention, securing work areas, incident reporting,
and incident response. Each department head or designee will coordinate
employee attendance for training on workplace violence prevention,
reporting, and response procedures pertinent to his/her department
and/or job function. Each employee is responsible for adherence to
these procedures. General procedures pertinent to all employees are
addressed in the Workplace Violence Procedures, which are provided
to each new employee at orientation.
(4)
The City retains the authority to act appropriately in performance
evaluation and disciplinary procedures. The intention of this policy
is not to conflict with any other City policy. This policy prohibits
retaliation against an employee who brings a complaint of violent,
threatening, or intimidating behavior. The employee will not be adversely
affected in terms and condition of employment or discriminated against
or terminated because of the complaint. When violence is threatened
or inflicted by a non-employee, the appropriate authority will be
notified, and legal action will be taken, as necessary.
(5)
This policy does not preclude other legal options available to the
City, including criminal charges.
(6)
If you believe that there is an imminent threat of physical harm,
you should immediately dial 911.
A.
Weapons in the workplace. In order to protect its employees'
and residents' safety and welfare, the City of El Paso has adopted
the following policy as it relates to City owned buildings and properties.
This policy is applicable to all officials, employees, consultants,
agents, volunteers, and others who always work for or with the City
while on or in City property, whether on duty or off duty as well
as contractors, vendors, their personnel, clients, visitors, and other
persons who may or may not be engaged in work for or with the City.
For employees covered by a collective bargaining agreement, the provisions
of that agreement shall apply in the event of an express conflict
with provisions within this policy. Nothing in this policy is intended
to conflict with or be less stringent than state or federal laws.
(1)
CITY PROPERTY
DANGEROUS WEAPON
FIREARM
STAFF
VISITOR
Definitions. For purposes of this policy:
Every building and property, or portion of a building or
property, owned or leased by or otherwise under the control of, the
City. "City Property" also means every City owned, rented, or leased
vehicle.
Any type of dangerous knife, Taser, club, metal knuckles
or any other device or substance which can be used for a destructive
purpose or with the intent of harming another person, including firearms.
Tools and other devices commonly recognized and used as tools useful
for City purposes generally are not considered "Dangerous Weapons"
under this policy.
Any handgun, rifle, shotgun, or any other type of device
from which a projectile can be fired, whether loaded or unloaded.
All officials, employees, consultants, agents, contractors,
vendors, volunteers, and any others who always work for or with the
City while on or in City property whether on duty or off duty.
Any customer, client, guest, or other persons who are not
a staff member.
B.
Weapons prohibited. All City buildings are "prohibited areas" under
Section 65 of the Illinois Firearm Concealed Carry Act and thus concealed
carrying in any City building is not authorized by Illinois law. Accordingly,
concealed carrying is not an exception to this policy.
(1)
Staff: Except as provided under Exceptions, no staff member may wear,
carry, store, transport, or otherwise possess a weapon at any time
in or on City property or while performing any duties for or on behalf
of the City. City representatives may inspect or search any workplace
area and any City property, at any time, for the presence of weapons.
(a)
Examples of prohibited times and places include, but are not
limited to:
[1]
Performing work for the City at any location including private
residences and commercial establishments and other customer or client
locations.
[2]
Driving or riding as a passenger in a City vehicle.
[3]
Attending conferences or training on behalf of the City.
[4]
Attending City directed or sponsored activities or events (intended
for City employees only and not the general public) independent of
venue.
[5]
Working off-site on behalf of the City (excluding the employee's
residence).
[6]
Performing emergency or on-call work for the City after normal
business hours and on weekends.
(2)
Visitors: Except as provided under exceptions, no visitor may wear,
carry, store, transport, or otherwise possess a weapon in or on City
property at any time.
(3)
Use of private vehicle. No City employee may use a privately owned
vehicle for City business if that vehicle contains a firearm of any
type or size, whether loaded or unloaded, and regardless of whether
the employee has a concealed carry license to carry the firearm.
C.
Exceptions.
(1)
Police officers and other designated personnel: City police officers
and other City employees who have been specifically designated may
possess their work-issued or permitted weapons. Police officers or
similar law enforcement officers from other departments or agencies
may possess their work-issued or permitted weapons pursuant to applicable
law.
(2)
Governmental: State or federal governmental employees may possess
work-issued weapons if engaged in official duties within the scope
of their position and required by law or regulation to possess a weapon.
(3)
IROCC (Illinois Retired Officers Concealed Carry): Any employee that
is permitted and statutorily granted by the Illinois Retired Officer
concealed carry program by federal law.
(4)
Parking lots: A concealed carry license holding staff member or visitor
may keep a firearm in his or her personal vehicle. A fulltime employee
assigned a permanent take home vehicle may transport a firearm in
his or her City-owned vehicle. The firearm while in the City or personal
vehicle must be kept in compliance with all applicable federal and
state laws and regulations, is kept entirely out of sight and the
firearm kept unloaded and locked in a glovebox, trunk, or other secured
container.
(5)
Excluding City-owned gun range: Employee and visitors must be approved
by a Department Head and standard gun safety rules are used.
E.
Responsibility.
(1)
All City employees are responsible for familiarizing themselves with
and adhering to this policy. Any City employee who witnesses or perceives
a violation of this policy must report that violation to his/her Supervisor
or, in the Supervisor's absence, to the City Administrator, or
in an emergency, to the Police Department.
(2)
No person should take any action that will risk his/her safety or
the safety of others. A person may inform an individual of this policy
and ask for compliance but should not attempt to restrain or forcibly
evict an individual with a weapon from City premises. If that individual
does not comply, or there is an imminent threat to safety, then the
Police Department should be contacted immediately.
