City of Mansfield, Louisiana

SEXUAL HARASSMENT

Title VII of the Federal Civil Rights Act of 1964 (42 U.S.C. {2000(e) recognizes sexual harassment as a form of sexual discrimination. The Equal Employment Opportunity Commission (EEOC) defines sexual harassment as follows:

1. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature...when (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 the basis for employment decisions affecting such individual or (3) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.
2. Unwelcome sexual advances, request for sexual favors and other verbal or physical contact of a sexual nature constitutes sexual harassment. The sexual favors sought need not be personally for the person requesting the favors.

Sexual harassment may take either of two forms: “Quid Pro Quo” (this in exchange for that harassment by a supervisor or other of greater rank, or “hostile environment” sexual harassment.  Both forms of sexual harassment are equally prohibited by this policy. Quid Pro Quo harassment takes place when submission to such conduct is  made either an explicit or implicit term or condition of an individual’s employment, or submission or rejection of the conduct by the individual is  used for employment decisions such as performance appraisal, compensation promotion, work assignments or similar matters.  This conduct is unlawful and prohibited by this policy.

Hostile environment sexual harassment takes place when such conduct, whether committed by a supervisor or non-supervisor, has the effect of unreasonably interfering with an employee’s work performance or creates an intimidating hostile, or offensive work environment.This conduct is also prohibited both by law and this policy.

Examples of prohibited conduct include, but are not limited to, sexual advances or propositions, repeated offensive sexual flirtations, continued or repeated comments about a person’s body or any parts thereof, sexually offensive language or jokes, and display at work of sexually suggestive pictures or objects.

Sexually harassing conduct violations may be committed by supervisors, managers, other employees, and any person, although not employees, who are on the premises administered by the City of Mansfield. Sexually harassing conduct by any of these individuals is strictly prohibited.

COMPLAINT PROCEDURE

(FOR SEXUAL HARASSMENT MATTERS ONLY)

1. Alleged harassment by employees.
2. Employees who believe they have been sexually harassed by an employee of the City should tell the person or persons harassing them that their behavior is offensive and must stop. The problem should be immediately report to their direct supervisors. However, if the immediate supervisor is the person directly or indirectly responsible for the harassment, the employee should instead report the problem to the City Clerk.  In the rare event that all site personnel are involved, the employee may bring the matter directly to the attention of the Mayor.
3. All complaints of sexual harassment will be investigated in a timely and responsible manner. To the extent possible, consistent with a thorough investigation, the information supplied by the complainant will be held confidential, except when released due to legal compulsion. Nothing herein shall prohibit the City Clerk from exercising discretion in disclosing any material or statements obtained from the complainant, witnesses or the accused, to any court, board or agency or from waiving any privilege to which the Clerk is entitled.  All witnesses and those interviewed during the investigation will be required to treat the matter as confidential. The purpose of confidentiality shall be to protect, to the extent practicable, both the complainant and the accused.

1. Investigation of sexual harassment complaints will be carried out in a serious manner and will, whenever practicable, include interviewing the complainant, all relevant witnesses and the accused. Employees are to cooperate fully in such investigations. Employees who file a complaint or participate in investigations shall be protected from any form of retaliation arising out of the filing of the complaint or participation in the investigation.  Any employee who impedes an investigation, covers up the truth of the matter, or retaliates against a complainant shall be subject to disciplinary action, which may include discharge.  When an employee who in lodging a complaint puts forward a reasonable claim of fear of physical harm, to the extent practicable, immediate steps will be taken to separate or protect the employee from the alleged harasser.  The burden of transfer shall not automatically be assigned to either the complainant or the alleged harasser but shall be determined in light of the circumstances involved.  If an employee complains of a sexual assault that may constitute a crime, the matter shall immediately be brought to the attention of the City Clerk.
2.  If at the completion of the investigation, the complaint appears to be valid and supported by the evidence, appropriate disciplinary action (which may include discharge) designated to halt the harassment or prevent any recurrence will be taken. Until the investigation is complete, a decision is reached and all internal appeals exhausted, temporary measures such as suspension or transfer may be utilized. Because it is the City’s policy to encourage employees to come forward when they believe they have been sexually harassed, although an investigation may not reveal sufficient facts to warrant disciplinary action against an accused, the complainant shall be privileged in having brought the complaint absent a finding supported by evidence that the complaint is entirely false and motivated by malice.  In the latter instance, the employee who made the malicious and false accusation shall be subject to disciplinary action, which may include discharge and such disciplinary action shall not be considered retaliation for the filing of the complaint.
3. Either the complainant or the accused may submit the findings and decisions reached at the conclusion of an investigation to the personal review of the Clerk, by making a written request within five (5) working days of the date they are informed of the decision. The decision of the Clerk shall be final.
4. Third parties that engage in harassment.
5. Harassment by third parties such as vendors, visitors, etc., who are not employees will not be tolerated and shall be subject to investigation and appropriate corrective measures.
6. Personnel who are subjected to or who observe acts of harassment committed by third persons shall report the incident (s) to the Supervisor or City Clerk.

Responsibilities

1. All employees will be held responsible and accountable for complying with this policy. All employees are expected to make a conscious effort to avoid any speech or conduct that may be perceived as sexual harassment. Employees who observe sexual harassment should: a) tell the offender to stop; b) support the victim; c) document their observations as specifically as possible; and d) discuss the problem with their supervisors.
2. All supervisors are assigned responsibility for implementing this policy, insuring compliance with and knowledge of its terms and for taking immediate and appropriate corrective action where warranted.  Supervisors must open and maintain communications channels to permit employees to raise concerns about sexual harassment without fear of retaliation; stop any observed sexual harassment; and treat sexual harassment matters with sensitivity, confidentiality and objectiveness.
3. Administration of the complaint procedure and the carrying out of timely and thorough investigations are assigned to the Clerk. All investigations and external reports shall be subject to the supervision and advice of the Clerk. In some cases, the Clerk may assign another designee to conduct the investigation and write the investigation report.  Persons accepting complaints are also responsible for making timely reports to the Clerk of the filing of complaints and the results of investigations.  Supervisors are responsible to ensure that this policy is properly posted at their site and that every employee has personally received a copy of the policy.  New employees should receive a copy during their initial orientation.  This policy must be re-disseminated whenever it is changed and not less often than once per year.  Employees must sign an acknowledgment of personal receipt of a copy of the policy.
4. The Clerk shall provide training programs to educate and sensitize all supervisory and non-supervisory personnel regarding this policy and shall audit all investigations for consistency and effectiveness in the administration of disciplinary action.