HomeMy WebLinkAboutCity of Tamarac Resolution R-92-187I
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Temp. Reso. # 6 3 7 4
CITY OF TAMARAC, FLORIDA
RESOLUTION N0, R-92-- I
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TAMARAC, FLORIDA AMENDING THE REVISED
PERSONNEL MANUAL FOR THE EMPLOYEES OF THE CITY
TO INCLUDE A POLICY ON SEXUAL HARASSMENT;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
WHEREAS, on February 24, 1988, the City Council of the City
of Tamarac adopted Resolution R-88-57 to adopt a revised Personnel
Manual; and
WHEREAS, several state and federal laws have been passed in
1984, 1991, and 1992 establishing further employee's civil rights
against Sexual Harassment; and
WHEREAS, the City Council of the City of Tamarac, Florida
deems it to be in the best interests of residents of the City of
Tamarac to adopt a new policy against Sexual Harassment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby
ratified and confirmed as being true and correct and are hereby
made a specific part of this Resolution.
2ECTION_2: That the Personnel Manual for the Employees of
the City of Tamarac adopted on February 24, 1988 be amended to
expand Article 6, "POLICY STATEMENT, CONCERNING PROHIBITED
HARASSMENT, INCLUDING SEXUAL HARASSMENT" to incorporate a policy
against Sexual Harassment (attached hereto and made a part hereof
as "Exhibit "A").
SECTION 3: All resolutions or parts of resolutions in
conflict herewith are hereby repealed to the extent of such
conflict.
►A
Temp. Reso. #—b=
SECTION 4: If any clause, section, other part o
application of this Resolution is held by any court of competen
jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining
portions or applications of this Resolution.
SECTION 5�- This Resolution shall become effective
immediately upon its passage and adoption.
PASSED, ADOPTED AND APPROVED thisa2ay of nbU��� 1992.
H.L. BENDER
MAYOR
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I
ha approved this
SOL TIl9N as to,, fcwm. ,
MITCHELL `BRA
CITY ATTORNEY
PERS.MANUAL-SEX.HARRASSMENT/rkt
RECORD OF COUNCIL VOTE
MAYOR B .N ER
01STRlC1- 1: (MLATZ.
DISTRICT 2: V/M S1MANN r
DISTRICT 3: �/M S.Q!-�REiBER
LIISTFiiCT 4; C/M AgRAMOWITZ �
CITE OF TAMARAC
OVERVIEW OF SEXUAL HARASSMENT
LAW
Title VII of the 1964 Civil Rights Act as amended requires that men and women
must be treated equally in all job matters. In other words, discrimination in
employment (such as hiring, firing, pay, promotion, benefits) based on sex is
illegal. This law is enforced by the Equal Employment Opportunity Commission
(EEO), which is a federal agency.
On November 10, 1980, the new EEOC Guidelines on sexual harassment
became effective. These amended Guidelines reaffirmed EEOC'S position that
sexual harassment is a form of sex discrimination and therefore is an "unlawful
employment practice" under Title VII of the Civil Rights Act. In short, sexual
harassment is illegal.
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(For the purpose of the following discussion, the term "Guidelines" refers
specifically to 1604.11 of the Commission's Amended Guidelines on
Discrimination Because of Sex)
The Guidelines establish the criteria for determining when unwelcome sexual
conduct, whether verbal or physical, constitutes sexual harassment and defines
the circumstances under which an employer is liable for such conduct. The
provisions of each of the seven sections of the Guidelines are examined in the
following section.
• 1 - Se ti n 1 4.11 a The
harassment on the basis of sex issacviolat vition of olation 703he 'of Title VII.delinS that
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harassment is sex discrimination. This section states that unwelcor leI
sexual advances, requests for sexual favors, and other verbal or physical
conduct of a sexual nature constitute sexual harassment when any one:
of the following three criteria is met:
A. mi i n ,h nd i
Im li L—"n
T r r e Eith r Ex li itl or
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x m 1 If a laborer complains to the foreman that the workers
on the job direct sexually suggestive remarks and gestures to e
laborer and the foreman tells the laborer that such conduct is to the
expected as part of the job, then submission to the sexually
harassing conduct is made an explicit term or condition of
employment.
Because submission to such sexual conduct is an additional term or condition
of employment, one not imposed on employees of the opposite sex, it is sex
discrimination and, specifically, sexual harassment.
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ExamP-lg- If an employee's promotion depends on his or her
granting certain sexual favors and the promotion is denied
because the employee refuses to do so, then the employee is the
victim of sexual harassment. The same result is reached if the
employee does submit and consequently receives the promotion.
Basing any employment decision on whether the affected individual submits to
or rejects unwelcome sexual conduct
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ELLMPle: If certain employees make sexual remarks, jokes, or
gestures in the presence of or directed toward other employees,
that conduct may make the work atmosphere intimidating or
threatening for the other employees.
In the example, the objectionable conduct may not be such that submission to it
constitutes a term or condition of employment, and submission to or rejection, of
the conduct may not be the basis of an employment decision. Nonetheless, the
. conduct is sexual harassment. It unreasonably interferes with an employ,ee.s
work performance or creates a negative work environment.
• S,ti n 1604.11 !b) This section recognizes that an action which is
sexual harassment in one set of circumstances may, in another context
not be.
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E-P-1(�- A secretary works for two supervisors, and each invites the
secretary on repeated but separate occasions to go out for a drink or
dinner after work. The first supervisor indicates that the secretary's job
depends on the secretary having a sexual relationship with the
supervisor, and the secretary considers the invitation to be unwelcome
and does not accept it. However, she gladly accepts the invitations of the
second supervisor, with whom the secretary has an outside social
relationship unrelated to their business relationship in the office. The fiat
action may be sexual harassment while the second is not.
Submission to a specific form of sexual conduct may be an unlawful condition dition of
'
continued employment in one case. In another case, similar submission may
be part of a voluntary personal relationship having no emp•;r�c;iit t
consequences. lo Y
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3. sequon 1.604.11_ (c1 This section imposes strict liability on the
employer for sexual harassment committed by it, its agents, or
supervisory employees. The strict liability standard applied here is in
keeping with Title VII principles and the general standard of employer
responsibility for acts of agents and supervisors.
An employer is responsible for harassment by its supervisory personnel
whether or not it knew about the actions, and whether or not it approveci or
disapproved of such behavior.
4. a tie 4-1— - This section defines an employer's liability for
sexual harassment of an employee by a fellow worker. This section
provides that the employer is responsible for the unlawful conduct where
the employer, or its agents, or its supervisory employees knew or should
have known of the conduct, unless the employer can show that it took
immediate and appropriate corrective action. In contrast to the provisions
of the preceding section holding an employer strictly liable for sexual
harassment committed by it, its agents, or supervisory employees, this
section does not impose strict liability on the employer for co-worker
sexual harassment.
5 • �- i n 1 4.11 � This section provides that an employer may also
be responsible for the sexual harassment of an employee by a non -
employee, when the harassment occurs in the line of work and where the
employer knows or should have known about it and fails to take
immediate and appropriate action.
. Example: An employer contracted to have the office duplicating machine
serviced, which was frequently necessary. The employee who was
responsible for operating the machine dreaded service calls because the
service representative who repaired and maintained the machine made
sexual advances toward the employee whenever the service
representative was in the office and the employee found the service
representative's unwelcome behavior increasingly disturbing. When the
service representative told the employee that the service representative
It would be unable to make a rush repair unless the employee
cooperated" by going out with the service representative, the employee
complained to the supervisor. The employer may be responsible in such
circumstances if he/she failed to take corrective measures within their
control once the employer knew or had reason to know of the sexual
harassment.
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6.
ti n 1 4.1_f__uf This section emphasizes the Commission's
Position that the best means of eliminating sexual harassment is
preventing its occurrence. Toward that end, the section provides that an
employer should take all necessary steps to prevent sexual harassment
and suggests several kinds of action an employer can take, including:
affirmatively raising the subject, expressing strong disapproval,
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developing appropriate sanctions, and informing employees how to
pursue their Title VII right to be free from sexual harassment.
7. 110 1 04.11—(gL This section states that an employer may be
liable for Unlawful sex discrimination against persons who were qualified
for but denied an employment opportunity or benefit which was granted
to another person because tl)at individual submitted to the employer's
sexual advances.
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Tamarac/overview
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CITY OF TAMARAC
SEXUAL HARASSMENT POLICY
I P LICY TATEMENT
It is the policy of the City of Tamarac that no employee be harassed by
another employee or supervisor on the basis of sex end that no
personnel action be taken affecting an employee (either favorably or
unfavorably) on the basis of conduct that is not related to work
Performance. Such conduct may include submitting to sexual advances,
refusing to submit to sexual advances, protesting sexual overtures, or
raising a complaint concerning the alleged violation of this policy.
If. THE R A N unp-111IS PQLLCY
The purpose of this policy is not to regulate our employee's personal
lives or morality. The policy was formulated to protect our employees -
both males and females - against unsolicited and unwelcomed sexual
overtures or conduct, either physical or verbal. It prohibits employee
misconduct that may upset employe morale and interfere with
employee's work and efficiency. Some forms of misconduct may even
constitute a violation of equal employment opportunity law.
THE TYPE Ar D T VERED Y TH POLICY
A. Sexual harassment does not refer to occasional compliments of a
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socially acceptable nature or WgLQDm_2 social relationships,
B. The policy prohibits any demand for sexual favors that is
accompanied by promise of favorable job treatment or a threat
concerning the employee's employment.
C. The policy prohibits subtle pressure for sexual favors, including
implying or threatening that an applicant's or employee's
cooperation of a sexual nature (or refusal thereof) will have any
effect on the person's employment, 1
ob Promotion, or on any other conditions ofemployment orrtfuture j b
opportunities.
D• The policy prohibits behavior that is not welcomed by the
employee and is personally offensive such as, but not limited to:
1 • Sexual flirtations, advances, or' propositions.
2. Verbal abuse of a sexual nature, sexually related comments
and joking, graphic, or degrading comments about an
employee's appearance, or the display of sexual object; or
Pictures.
• 3. Any uninvited physical contact or touching, such as patting,
.pinching, or brushing against another's body.
IV. VI LATI N F I POLICY
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Violations of this policy will not be permitted. Any employee or
supervisor who violates this policy will be subject to discipline up to and
including discharge.
V. C MPLAINT5
There are two (2) methods for filing a Complaint under this Policy:
A. INFORMALL PR EU RE
• When an employee perceives that sexual harassment has
occurred, that employee may choose to hold an informal
discussion with their immediate supervisor or with their
supervisor's boss to attempt to resolve the situation at that
level. However, choosing this procedure does not preclude;
an employee from initiating the Formal Procedures outlined
below.
2• Upon the supervisor gaining knowledge of possible sexual
harassment, the supervisor shall review the situation anti implement corrective actions if necessary. A report
outlining all facts of the situation and corrective action
implemented, if any, shall be submitted through the
Department Heart to the Director of Personnel in all cases.
3• The employee perceiving the sexual harassment or the
individual accused of sexual harassment may informally
appeal the decision with their Department Head.
B. RMAL PRO ED RE
1 • Formal procedures may be initiated:
a) Through the employee's immediate supervisor. This
avenue should be used unless the Complaint is
against that supervisor. If this is the case, then,
b) Through supervisor's boss. If the Complaint is
against the Department Head, then Formal
Procedures may be initiated through the Director of
Personnel.
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2. When an employee perceives that sexual harassment has
occurred, a written complaint must be completed by the
employee. Complaint:; of sexual harassment must be in
writing in order to initiate these procedures. Each complaint
is handled on a case by case basis. An employee desiring
to discuss the situation in informal discussions prior to
formally filing a complaint may do so through the channels
outlined above.
3. The City shall respond to a written complaint of sexual
harassment in a timely and reasonable manner. If possible,
the City will provide an administrative response within thirty
(30) days from receipt of the written Complaint.
Administrative responses shall indicate subsequent
corrective actions, if any, to the employee filing the
Complaint and to the individual(s) involved in the sexual
harassment.
4. The person accepting the written Complaint shall assist the
employee in regaining their composure, if necessary, and
then promptly:
a. Provide information on these procedures to tho
employee filing the Complaint.
b. Notify their Department Head of the Complaint.
C. Notify the Director of Personnel of the Complaint.
d. Begin coordinating and conducting the investigation
process in a timely manner.
5. The investigation process shall begin with an interview with
the employee filing the Complaint. The employee's
immediate supervisor (or next level of supervision if the
complaint is against the Supervisor) shall conduct the
interview. The employee's Department Head and the
Director of Personnel, or designees, shall also be present.
The purpose of the interview is to clarify all points of the
written Complaint, to collect additional information from the
employee, and to determine if immediate action is
necessary. All interviews shall be tape recorded.
5. If the employee perceives the situation to be threatening,
that employee may request authorization to use accrued
Annual Leave or Leave Without Pay or a job transfer.
Approvals will be determined on a case by case basis,
7. The investigation shall conclude after evidence from ali
parties involved is obtained and a decision can be made to
confirm or deny th , allegations. A written report of finding;
and a recommendation will be submitted from tti
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supervisor through the Department Director to the Director
of Personnel.
8. If an. individual is found to have violated the City's Sexual
Harassment Policy, a recommendation shall be made for
corrective action by the Department Head of the employee
who filed a Complaint. Corrective action, up to acid
including discharge, shall be based upon the severity of the
situation and shall be authorized swiftly and fairly by the
City Manager,
9. The information regarding the Complaint shall be
maintained in confidence to the extent allowed by law.
10. The employee who filed the Complaint and the individual
against whom the Complaint was filed shall be notified in
writing by the Director of Personnel of the results of the
investigation and the administrative response and ai-,y
subsequent actions taken.
11. If either person is not satisfied with the derision, they may
appeal the decision to the City Manager within five (;;)
working days from receipt of the written decision. Ail
appeals shall be in writing. In such instances, the City
Manager shall rE:viekr the information and respond with a
final decision.
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