RESOLUTION 2016-09
A RESOLUTION AMENDING CHRUBUSCO’S NONDISCRIMINATION AND HARASSMENT PERSONNEL POLICIES
WHEREAS, in accordance with Title VI of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, and other associated non-discrimination laws in regard to access to services an activities provided by federal agencies and recipients of federal assistance, the Town of Churubusco’s has amended their non-discrimination and harassment policies found within the Churubusco Personnel Policy Manual to reaffirm the Town’s policy to allow all employees to work in an environment free of discrimination and hostility.
NOW, THEREFORE, BE IT RESOLVED, the Town Council of the Town of Churubusco of Churubusco, Indiana hereby adopts the amended non-discrimination and harassment policies.
DULY ADOPTED by the Town Council at its regular meeting held on the 18th day of May, 2016, at which meeting a quorum was present.
_______________________________ ATTEST:
Mark Pepple
________________________________ _____________________________
Bruce Johnson Madalyn Sade-Bartl, Clerk-Treasurer
________________________________
Frank Kessler, Town Council President
Equal Employment Opportunity
A. POLICY:
1. Churubusco is an Equal Opportunity Employer. All employees shall be recruited, evaluated, hired, promoted, transferred, demoted, laid off, suspended, terminated, or otherwise dealt with based solely on merit, fitness for duty, and such other bona fide occupational qualifications as each individual might possess. No personnel decisions concerning any term or condition of employment shall be based upon race, color, religion, sex, national origin, age, disability or other protected characteristics except where such criteria constitutes a bona fide occupational requirement.
2. The Clerk-Treasurer or a Town Council designee shall act as the Employer’s EEO Coordinator. The EEO Coordinator is responsible for providing information regarding anti-discrimination laws to employees and others.
3. All position vacancy notices, postings, advertisements, and recruiting literature shall contain the phrase “An Equal Opportunity Employer”.
B. PROCEDURE:
1. Employees who wish to file an Equal Opportunity Complaint shall do so in accordance with the established guidelines specified in this Manual.
Americans with Disabilities Act
C. POLICY:
1. The Employer supports the intent and purposes of the Americans with Disabilities Act (ADA) and will not discriminate against qualified individuals with disabilities in regard to job application procedures, hiring, advancement, discharge, compensation, job training and other terms, conditions, and privileges of employment. The Employer will provide a reasonable accommodation to qualified individuals with disabilities whenever such a reasonable accommodation would not place an undue burden upon the Employer.
2. The EEO Coordinator is responsible for providing information about the ADA to employees and others.
D. PROCEDURE:
1. Employees who wish to file an Americans with Disabilities Complaint shall do so in accordance with established guidelines as specified in this Manual.
Title VI of the Civil Rights Act of 1964
E. POLICY:
1. The Employer values diversity and welcomes input from all interested parties, regardless of cultural identity, background or income level. Thus, the Employer does not tolerate discrimination in any of its programs, services or activities and will not discriminate against qualified individuals with disabilities in regard to job application procedures, hiring, advancement, discharge, compensation, job training and other terms, conditions, and privileges of employment. Pursuant to Title VI of the Civil Rights Act of 1964 and other federal and state authorities, the Employer will not exclude from participation in, deny the benefits of, or subject to discrimination anyone on the grounds of race, color, national origin, sex, gender identity, age, sexual orientation, religion, income or family status.
2. The EEO Coordinator is responsible for providing information about Title VI to employees and others.
F. PROCEDURE:
1. Employees who wish to file Title VI complaint shall do so in accordance with established guidelines as specified in this Manual.
Policy Against Harassment
G. POLICY:
1. The Employer is committed to providing a workplace free of harassment of any employee because of the employee’s race, sex, religion, age, national origin, marital status, sexual orientation, gender identity, disability, or any other category protected under federal, state, or local law. To be unlawful, harassing conduct must be sufficiently severe and pervasive to unreasonably interfere with an employee’s ability to work. The Employer, however, does not condone or tolerate any harassing conduct based on an employee’s race, sex, age, religion, national origin, marital status, sexual orientation, gender identity, disability, or any other category protected under federal, state, or local law.
2. Harassing conduct may include, among other things, (1) epithets, slurs, stereotyping, or threatening, intimidating, or hostile acts that relate to race, sex, age, religion, national origin, marital status, sexual orientation, or disability; and (2) written or graphic material that denigrates or shows hostility or aversion toward an individual or group because of race, sex, age, religion, national origin, marital status, sexual orientation, gender identity, or disability. The Employer is committed to protecting employees from such harassment whether from other employees, or non-employees such as our donors, delivery personnel, etc.
3. Specifically included in this policy is a commitment to provide a workplace free of sexual harassment. Sexual harassing conduct may include, among other things:
(a) Unsolicited and unwelcome comments or conduct of a sexual nature or that are demeaning to women or men as a group (for example, offensive or vulgar jokes, name-calling, comments about one’s body or sex life, stereotyping based on a person’s sex, touching, leering, ogling, patting, pinching, indecent exposure, physical gestures, or displaying sexually explicit photographs or objects that might interfere with a reasonable person’s work);
(b) Unsolicited and unwelcome demands or requests for sexual favors, sexual encounters, or amorous social engagements;
(c) Explicit or implicit promises of preferential treatment with regard to a person’s employment in exchange for sexual favors, sexual encounters, or amorous social engagements; and
(d) The use of an employee’s or applicant’s submission to or rejection of sexual or amorous advances as the basis for making, influencing, or affecting an employment decision that has an impact upon the terms and conditions of the individual’s employment (for example, hiring, firing, promotion, demotion, compensation, benefits, or working conditions).
4. Given the nature of this type of conduct and the serious effects such conduct can have on the person harassed and the accused, the Employer treats alleged violations of this policy seriously and, to the extent possible, confidentially. The Employer expects all individuals to treat alleged violations in the same responsible manner. Violations of this policy will not be tolerated and will result in appropriate discipline, up to and including discharge.
5. The Town Council, EEO Coordinator, and department heads are responsible for assuring that all employees, agents, and contractors have knowledge of and understand that the Employer will not tolerate such harassing conduct.
6. The Employer’s Equal Employment Opportunity and Anti-Harassment Policies will have little positive effect unless the Employer’s employees can report violations of those policies without fear of retaliation from the Employer or fellow employees. Consequently, the Employer cannot and will not tolerate acts of reprisal taken against any employee for reporting what he or she, in good faith, reasonably believes constitutes a violation of either policy. No employee who reports what he or she reasonably believes constitutes a violation of either policy will suffer any adverse employment consequences because of such a report. Any employee of the Employer who retaliates against or harasses another employee for making such a report, or encourages another to do so, will receive appropriate discipline, up to and including discharge.
7. If you believe this Policy has been or is being violated, you should report the violation(s) immediately per the reporting procedure outlined in Section 2.4.
H. PROCEDURE:
1. Employees who think they have been the victim of sexual harassment shall be entitled to file a complaint alleging the same pursuant to procedures detailed herein.
2. An employee who violates this law will be subject to disciplinary action pursuant to Section 8.5, Guidelines for Disciplinary Action and Penalties.
Procedures for Reporting Unlawful Discrimination, EEO Issues,
Harassment and Retaliation
I. POLICY:
1. If you believe you or any other employee is being subjected to conduct or comments that violate the employer’s EEO Anti-Harassment or Non-Retaliation Policies, you have a responsibility immediately to report these matters to your immediate supervisor or to the EEO Coordinator. In those limited circumstances when you may not feel comfortable reporting your concerns to any of those persons already listed, such as if your supervisor is believed to be violating these policies, you may report your concerns to a member of the Town Council.
2. Any employee who fails to report potential violations of the Employer’s EEO anti-harassment and non-retaliation policies will be subject to appropriate discipline up to and including discharge.
3. It is your duty and responsibility as an employee of the employer to help maintain a comfortable work environment free from unlawful discrimination harassment and retaliation.
J. PROCEDURE:
1. All complaints alleging a violation of the employer’s EEO anti-harassment and non-retaliation policies shall be filed on the Employee’s EEO Complaint Form (Form F). This form shall be filed no later than ten (10) working days, or as soon as possible, after the alleged discrimination occurred. “Working days” are scheduled work days for employees.
2. When reviewing complaints alleging a violation of the ADA, the EEO Coordinator will determine whether the complainant is a “qualified person with a disability,” and if so whether the Employer can “reasonably accommodate” the employee or otherwise resolve their complaint.
3. The employer will promptly initiate an investigation upon receipt of the complaint. Typically the EEO coordinator will investigate the complaint or request that an outside party conduct the investigation. A written answer will be submitted to the employee within ten (10) working days after the completion of the investigation. The complaint and response will not be filed in the employee’s personnel file.
4. When complaints under this procedure are substantiated, corrective action will be taken, which can include discipline up to an including termination.
5. Non-employees found to have committed an acts in violation of the employer’s EEO, ADA, Title VI, and/or Anti-harassment and Retaliation Policy will be reported to and dealt with by their employers.
