Table of Contents: Chapter 4
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409 Anti-Harassment, Anti-Bullying, and Workplace Violence Policy
409.1 PURPOSE:
The City of Lee's Summit is committed to providing a professional work environment in which employees are free from bullying, hazing, violence, threats of violence, or harassment from other employees, supervisors, volunteers, independent contractors, vendors, and other non-employees.
Accordingly, the City is committed to enforcing this Anti-Harassment, Anti-Bullying, and Workplace Violence Policy at all levels of the organization in order to create an environment free from discrimination, harassment, and retaliation. The purpose of this policy is to inform employees of their rights and responsibilities and the procedures for promptly addressing allegations of bullying and harassment in the workplace. All employees are required to take the time to ensure they understand their obligations under this policy.
409.2 POLICY:
The City prohibits hazing, bullying, harassing, intimidating, and violent conduct against any person in any form, including members of the public. The City further prohibits retaliation or threats of retaliation against individuals for (i) reporting of bullying, harassment, or violence, (ii) assisting or participating in the investigation of a complaint of bullying, harassment, or violence, or (iii) enforcing this policy. Employees found to be in violation of this policy will be disciplined up to and including immediate termination.
To minimize the possibility of violence in the workplace and to the extent permitted by law, the City prohibits all City employees, except sworn police officers or City employees authorized by the Chief of Police or designee to handle weapons as specified in the employee’s job duties, from possessing firearms of any kind, regardless of endorsement, and weapons that are unlawful to possess in City buildings or parking lots, City-owned vehicles, personal vehicles while performing work for or traveling on behalf of the City, or carried in any other capacity while on the job.
An employee is not in violation of this policy if the employee lawfully possesses a firearm in the employee’s personal vehicle parked in a City parking lot on the condition that the firearm is (i) unloaded and secured in a locked case or with a trigger lock and (ii) secured in the trunk or locked glovebox of the vehicle.
If an employee feels unsafe as a result of the employee’s work at the City, the City may assist the employee with applying for a protective order
Application: This policy applies to all employees, regardless of the employee’s employment status, (i) during working hours, (ii) at work related or sponsored functions, and (iii) while traveling on work related business.
Supervisors are responsible to ensure all employees receive regular training, but no less than annually, regarding this policy and that any violation of the policy is dealt with as soon as the supervisor becomes aware of the violation. Supervisors shall foster a work environment that complies with this policy and set an example through personal behavior of appropriate conduct in both the workplace and in social settings.
Employees are expected to be familiar with and behave according to this policy.
409.3 DEFINITIONS:
Bullying means any unwelcome or unreasonable behavior that demeans, intimidates, or humiliates a person or multiple people either as individuals or as a group, and includes cyberbullying.
Bullying includes, but is not limited to: physical actions, including violence, gestures, theft, or damaging property; oral or written acts, including taunts, insults, name-calling, put-downs, extortion, or threats.
Examples of bullying behavior may include but not limited to:
• Ridiculing a person or his/her family
• Microaggressions such as, verbal, nonverbal, and environmental slights, snubs, or insults, which communicate hostile, derogatory, or negative messages to another person
• Persistent name calling or behavior that is hurtful, insulting, or humiliating to a reasonable person
• Using a person as the target of jokes
• Deliberate exclusion, isolating people from normal work interaction or workplace social activity
• Abusive or offensive language or remarks or gestures
• Teasing; spreading rumors
• Unfair blaming for mistakes
• Pushing, shoving, kicking, poking, tripping, or other unwelcome touching
• Damage or disruption to a person’s work area or property
• Threatening gestures
• Glances or behaviors that convey threatening messages or other signs of hostility
• Inappropriate, exaggerated or untrue derogatory remarks about someone's performance, particularly in front of others
• Conduct that a reasonable person would find hostile, offensive, and unrelated to the employer's legitimate business interests.
Bullying does not include expressing a differing opinion, providing instruction or training, offering timely and constructive feedback, discussing performance issues, or ensuring safe workplace practices.
Cyberbullying means the sending or posting of harmful or cruel text or images using the Internet or other digital communication devices, including online materials that threaten or raise concerns about violence against others, suicide or self-harm.
Harassment means any physical, verbal (oral or written), visual/non-verbal, or other conduct that is unwanted or offensive and directed toward an individual because of his or her race, gender, color, religion, age, national origin, ethnicity, disability, veteran or military status, marital status, pregnancy, genetic information, gender identity, sexual orientation, or on any other legally protected class, that has the purpose or effect of violating a person's dignity or creating an intimidating, humiliating, hostile or offensive environment. The harasser can be the person's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the City, such as a contractor, client, customer, or member of the public.
Harassment includes any behavior described above when such conduct is an explicit or implicit condition of employment or when submission to or rejection of such conduct is used as the basis for employment decisions affecting such individual.
Harassment also includes unwelcome, unsolicited, offensive, or undesirable conduct when 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.
Examples of harassing conduct include, but are not limited to:
• Mocking, mimicking or belittling a person's disability, religion, ethnicity, age, gender, or other protected class;
• Unwanted and inappropriate physical contact or horseplay, including touching, pinching, pushing, grabbing, unnecessary brushing against someone, invading personal space and physical or sexual assault;
• Stalking or persecuting a person with unwanted attentions, gifts, or messages;
• Confronting an employee at home;
• Continued suggestions for dating, romance, or social activity after it has been made clear that the suggestions are unwelcome;
• Printed information which is discriminatory or insulting in nature.
• Sending or displaying material that is pornographic or that some people may find offensive (including e-mails, text messages, video clips and images sent by mobile phone or posted on the Internet);
• Offensive or intimidating remarks, insults, epithets or gestures, or insensitive jokes or pranks that undermine the dignity of the person;
• Racist, sexist, homophobic or ageist epithets, slurs and jokes, or derogatory or stereotypical remarks about a particular ethnic, social, linguistic or religious group, or gender;
• Displays or electronic transmission of derogatory, demeaning or hostile materials;
• Discriminatory ridicule or insults;
• Disclosing or threatening to disclose someone's sexual orientation without their consent;
• Bullying behavior that is serious, severe, or pervasive and directed toward an individual because of his or her membership in one of the protected groups described herein;
• Offensive electronic communication, regardless of the type or ownership of the device used, such as:
o harassment through a social media site;
o harassing, intimidating, or inappropriate text messages;
o sexually explicit or offensive photos or videos sent via electronic media; or
o harassing an employee via the employee’s on blogs, posts, and social websites.
Harassment does not include the conduct or actions of supervisors intended to provide employee discipline, such as deficiency notices, performance evaluations, oral warnings, reprimands, or other supervisory actions intended to promote positive performance.
Hazing means any activity, on or off City property, that a reasonable person believes would negatively impact the mental or physical health or safety of an employee or put the employee in a ridiculous, humiliating, stressful, or disconcerting position for the purposes of initiation, affiliation, admission, membership, or maintenance of membership in any group or organization.
Hazing includes actions that subject an employee to extreme mental stress including, but not limited to, sleep deprivation, physical confinement, forced conduct that could result in extreme embarrassment, disrespect, or criminal activity, or other stress-inducing activities.
Hazing may also include, but is not limited to: acts of physical brutality; whipping; beating; branding; exposing to the elements; forcing consumption of any food, liquor, drug or other substance; forcing inhalation or ingestion of tobacco products; or any other forced physical activity that could adversely affect the physical health or safety of an individual.
Hazing may occur even when all employees involved are willing participants.
Hostile Work Environment means a condition that results from harassing conduct that has the purpose or effect of unreasonably interfering with an employee's work performance, or creates an intimidating, hostile or offensive working environment.
Sexual harassment means a form of harassment that consists of unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual or sex-based nature where such conduct has the purpose or effect of interfering with an employee's work performance or creating an intimidating, hostile, or offensive working environment. Sexual harassment may also occur where a supervisor/manager demands that an employee/subordinate satisfy sexual demands in order to receive job benefits, to continue employment, or as a basis for making any other employment-related decision. A manager/supervisor for this purpose is someone who can affect or impact an employee's terms, conditions, or privileges of employment because the employee can take or impact action such as hiring, firing, promoting, disciplining, evaluating, scheduling, training, or deciding how to compensate that employee.
Examples of sexually harassing conduct include, but are not limited to:
• Unwelcome sexual advances, comments, or suggestive behavior, and suggestions or threats that sexual favors may further a career or that a refusal may hinder it;
• Actual or attempted contacts of a sexual nature
• Unwanted sexual advances, propositions, or other sexual comments, such as sexually-oriented gestures, noises, remarks, jokes, or improper questions or comments about a person's sexual orientation or sexual experience;
• Preferential treatment, promises, or offers of preferential treatment to any employee for submitting to sexual conduct, including soliciting or attempting to solicit any employee to engage in sexual activity for compensation or reward;
• Subjecting, or threats of subjecting, an employee to unwelcome sexual attention or conduct or intentionally making performance of the employee's job more difficult because of that employee's sex;
• Displays or publications anywhere in the workplace, such as pictures, posters, calendars, jokes, graffiti, objects, promotional materials, reading materials, or other materials that are sexually suggestive, sexually demeaning, or pornographic;
• Reading, publicizing, or viewing in the work environment materials that are in any way sexually revealing, sexually suggestive, sexually demeaning, or pornographic;
• Displaying signs or other materials purporting to segregate an employee by sex in any area of the workplace (other than restrooms and similar rooms).
Retaliation means any adverse action taken against an individual (applicant or employee) because the individual filed a charge of discrimination, complained to the City or a government agency about discrimination on the job, or participated in an employment discrimination proceeding (such as an internal investigation or lawsuit), including as a witness. Retaliation also includes adverse action taken against someone who is associated with the individual opposing the perceived discrimination, such as a family member.
Examples of retaliation include, but are not limited to dismissal, demotion, refusal to promote, unwarranted job or schedule reassignment, threats, unjustified negative evaluations, unjustified negative references, or any other adverse action that a reasonable person could perceive as retaliatory.
Violence means physical attacks or threats of a physical nature, or intentional damage or threats of damage to City property or personal property on City premises. Violence includes oral or written statements, gestures, or expressions that communicate a direct or indirect threat of physical harm, damage to property, or any intentional behavior that may cause a person to feel threatened.
Example of prohibited violent conduct includes, but is not limited to:
• Physically injuring another person and damaging property;
• Inciting or encouraging others to injure a person or damage property;
• Threatening to injure a person or damage property by any means, including verbal, written, direct, indirect, or electronic means;
• Taking any action to place a person in reasonable fear of imminent harm or offensive contact;
• Possessing, brandishing, or using a firearm on City property or while performing City business except as permitted by state law;
• Violating a restraining order, order of protection, injunction against harassment, or other court order.
409.4 Reporting
Employees who witness or are subjected to bullying, hazing, intimidating, harassing, or violent conduct, including threats of violence, should, if comfortable doing so, inform the person(s) responsible for the conduct that it is unwelcome and offensive and to request that the behavior stop immediately. If the unwelcome behavior continues, or the employee feels uncomfortable confronting the responsible person(s) about the conduct, s/he should report the conduct as provided below.
Employees who have experienced or witnessed conduct that they believe violates this policy, or who have concerns about such matters, should immediately report their complaints verbally or in writing to their immediate supervisor, the Department Director, the Human Resources Director or the City Manager before the conduct becomes severe or pervasive. Individuals should not feel obligated to report their complaints to their immediate supervisor first before bringing the matter to the attention of one of the other designated City representatives identified above. Such reports to supervisors, the Department Director, the Human Resources Director, or the City Manager are to be made regardless of how knowledge of the conduct was acquired.
Immediate perceived threats of violence will be reported to the Police Department or by calling 911. Less severely perceived threats will be reported to the employee's supervisor and Department Director.
Any supervisor that receives a complaint of conduct that violates this policy, the supervisor shall report any allegation of bullying, harassment, or violence to the appropriate Department Director, and the Department Director shall notify Director of Human Resources and Administration of the complaint immediately.
In any case in which the supervisor is witness to or informed of any situation of bullying, harassment, or violence, the supervisor shall immediately notify the offending party that such conduct is not appropriate and will not be tolerated. Ultimate disciplinary action will await completion of the investigation and reporting procedure.
EEOC.
Harassment on the basis of sex is recognized by the Equal Employment Opportunity Commission (EEOC) as a form of sex discrimination, which is prohibited under Title VII of the Civil Rights Act of 1964. An employee who believes that s/he has been subjected to Sexual Harassment or Discrimination has the right to file a complaint with the EEOC without fear of reprisal or retaliation.
409.5 Investigation
Investigation.
1. The City will conduct a prompt, thorough, and impartial investigation and take immediate and appropriate corrective action if it determines that conduct that violates this Policy has occurred.
2. Employees must fully cooperate in any inquiry or investigation under this policy, including providing complete and honest answers. Any employee who obstructs an investigation will be subject to discipline, up to and including termination.
3. The Director of Human Resources or the Assistant City Manager, or their designee are responsible for investigating the facts of the complaint and preparing a recommendation for action for the appropriate Department Director. Investigations may include obtaining, written statements, interviews and any other sources of evidence the investigator deems appropriate, including interviews with the alleged victim, the alleged offender, and any witnesses to events or circumstances.
4. During the course of the investigation, the investigator may receive counsel from the City Attorney's Office or other parties as needed.
5. Depending on the circumstances, the Department Director may be advised to take appropriate interim measures to alleviate escalation of the circumstances during the fact-finding process.
Findings.
The investigator shall complete a written report sufficient to support any corrective and/or disciplinary action taken or to indicate that there is insufficient evidence to support corrective and/or disciplinary action. Any remedy or action taken for the situation, and/or the nature of any disciplinary action will be communicated to both the alleged offender and the appropriate Department Director.
Confidentiality.
1. The City will protect the confidentiality of alleged violations of this policy to the extent reasonably possible. Information will be disclosed on a need-to-know basis, consistent with the City's legal obligations to follow up on complaints, including investigation, remedial action, and if required, reporting to appropriate enforcement agencies.
2. When supervisors become aware of the alleged violations of this policy, they are responsible for taking the steps outlined in this policy to prevent and correct the behavior, protecting confidentiality to the greatest degree possible.
3. Employees that are interviewed as part of an investigation regarding harassment, hazing, and bullying shall not discuss the investigative interview with other employees to protect the integrity of the investigation.
409.6 Retaliation
No employee will be subject to any form of retaliation or discipline, including threats of retaliation or discipline, for addressing or making a complaint about bullying, hazing, intimidation, harassment, or violent conduct, or for cooperating in an investigation. An employee or supervisor who threatens, initiates, participates, or is involved in a retaliatory act is subject to discipline up to and including dismissal.
Any employee who believes he/she has been wrongfully retaliated against shall immediately report the matter to the Human Resources Director.
409.7 Good Faith Allegations
Because of the nature of discrimination, bullying, hazing, intimidation, violence, harassment, or retaliation complaints, allegations often cannot be substantiated by direct evidence other than the complaining individual's own statement. Lack of corroborating evidence should not discourage individuals from seeking relief under this policy. No adverse action will be taken against an individual who makes a good faith allegation of discrimination, bullying, hazing, intimidation, violence, harassment, or retaliation under this policy, even if an investigation fails to substantiate the allegation. However, individuals who make dishonest statements or make statements with willful disregard for the truth during an investigation or enforcement procedure under this policy may be subject to disciplinary action in accordance with existing City policies.
409.9 Violations
Any person who violates this policy is subject to discipline up to and including immediate termination of employment.