Chapter 4.100
HARASSMENT AND DISCRIMINATION POLICY

Sections:

4.100.005    Harassment and discrimination policy.

4.100.010    Harassment.

4.100.020    Discrimination.

4.100.030    Prohibited conduct.

4.100.040    Retaliation.

4.100.050    Employee responsibility.

4.100.060    Employer responsibility.

4.100.070    Imposition of remedial action.

4.100.080    Procedures and rules for education and training.

4.100.005 Harassment and discrimination policy.

The city of Palmer believes in and is committed to a trusting, safe work environment free from harassment and discrimination. Any act of harassment or discrimination is unacceptable. (Ord. 12-001 § 3, 2013)

4.100.010 Harassment.

A. Harassment:

1. Is the conduct or actions, based on race, religion, sex, national origin, age, disability, military membership or veteran status, sexual orientation, gender identity, physical characteristics, marital/domestic status, family status, pregnancy, political affiliation, medical/criminal record, psychiatric treatment, occupation, citizenship status, personal appearance, status in receipt of public assistance, and is severe or pervasive enough to create a hostile, abusive, or intimidating work environment for a reasonable person.

2. Is engaging in a course of comments or conduct that is known or ought reasonably to be known as unwelcome.

3. Can make one feel uncomfortable, embarrassed, offended, or intimidated.

B. This behavior could range from posting offensive pictures, verbal taunts to physical assault.

C. This behavior could happen once or many times over a period of time. (Ord. 12-001 § 3, 2013)

4.100.020 Discrimination.

Discrimination:

A. Refers to practices or attitudes that have, whether by design or impact, the effect of limiting an individual’s or a group’s rights.

B. It is intolerant behavior towards individuals or groups.

C. The intolerant behavior may be direct (e.g., denying people access to jobs/promotions based on their color, nationality, dress, etc.) or systematic (e.g., denying someone a job because of culturally biased testing).

D. May come from an individual or through systems and attitudes within the city.

E. Is any policy or action taken related to recruiting, hiring, promotion, pay or training practices that result in an unfair disadvantage to either an individual or group of individuals who are considered part of a protected class. (Ord. 12-001 § 3, 2013)

4.100.030 Prohibited conduct.

The conduct prohibited by this policy, whether verbal, physical, or visual, includes any discriminatory employment action and any unwelcome conduct that negatively affects someone. Prohibited conduct includes but is not limited to:

A. Joking;

B. Making repeated references to a person’s protected status;

C. Using epithets or slurs;

D. Stereotyping;

E. Engaging in intimidating acts;

F. Circulation/posting of written or graphic materials that show hostility or favoritism toward individuals because of their protected status, or display of offensive symbols, pictures, cartoons, or posters. (Ord. 12-001 § 3, 2013)

4.100.040 Retaliation.

The city of Palmer forbids any director, manager, supervisor, or employee from treating any other employee or applicant adversely for reporting discrimination or harassment, for assisting another employee or applicant in making a report, for cooperating in a discrimination or harassment investigation, or for filing a grievance. All employees who experience or witness any conduct they believe to be retaliatory should immediately notify their supervisor, director, or the personnel officer. (Ord. 12-001 § 3, 2013)

4.100.050 Employee responsibility.

A. All city employees will help assure that our workplace is free from prohibited discrimination, harassment, or retaliation.

B. All employees are expected to avoid any behavior or conduct that could reasonably be interpreted as prohibited discrimination, harassment, or retaliation; no employees are exempt from the requirements of this policy.

C. Every employee is expected to report any person in the workplace who is aware of conduct inconsistent with this policy or who receives a report of conduct inconsistent with this policy.

D. Every employee shall immediately report it to their direct supervisor or in the event it is their supervisor, or their supervisor does not act on the report, then they are to report it to the personnel officer. (Ord. 12-001 § 3, 2013)

4.100.060 Employer responsibility.

The city will investigate all reports promptly. All reports will be taken seriously. If it is determined that the policy was violated then appropriate corrective measures will be taken. During the investigation and in imposing discipline, if necessary, the city will attempt to preserve confidentiality. (Ord. 12-001 § 3, 2013)

4.100.070 Imposition of remedial action.

For handling harassment and discrimination matters, the department director, personnel officer or designee shall follow the procedures set out in PMC 4.50.050 and 4.50.070. The employee subject to a harassment and discrimination claim shall have the rights set forth in PMC 4.50.060 and 4.50.080. For handling harassment and discrimination matters that involve customers and third parties of the city, the personnel officer may make recommendations to the city manager, who shall then act to resolve the complaint. (Ord. 12-001 § 3, 2013)

4.100.080 Procedures and rules for education and training.

Education and training for employees at each level of the workforce are critical to the success of the city’s harassment and discrimination policy. Education and training include the following components:

A. As part of general orientation, each recently hired employee will be given the city’s policy on harassment and discrimination so that they are on notice of the standards of behavior expected. Upon receipt, the employee will sign an acknowledgment that they have received and will abide by the policies.

B. When the personnel regulations are significantly altered and distributed to the employees, each employee will be given a copy of the personnel regulations and sign a receipt for the city’s policy statement on harassment and discrimination so that they are on notice of the standards of behavior expected.

C. At least annually, each employee shall complete training on the acts that constitute harassment and discrimination, the city’s serious commitment to eliminating harassment and discrimination in the workplace, the discipline for engaging in harassment, and the procedures for reporting incidents of harassment and discrimination. The training may consist of presentations, webinars, computer training, or related materials distributed to the employee. (Ord. 12-001 § 3, 2013)