Policy: Harassment Page 1 of 3 Effective Date: 8/20/2015 Policy The League will not permit harassment of any employee on the basis of gender, race, religion, color, age, disability, national origin, sexual orientation or identity, familial status or any other status protected by the law. The League will also not permit retaliation against an employee for filing a complaint or cooperating in an investigation. League and Insurance Trust board members are also covered by this policy. Board members who engage in illegal harassment or retaliation will be subject to Board sanctions, up to, and including, removal from the League or Insurance Trust Board. An employee who engages in harassment or retaliation will be subject to disciplinary or remedial action up to, and including, termination of employment. Supervisors or managers who permit employees under their supervision to engage in such behavior, or who retaliate or permit retaliation against an employee for reporting harassment or participating in an investigation will be subject to disciplinary or other remedial action. The action may include training, coaching or imposition of discipline up to, and including, termination of employment. Harassment Definition & Types Definition & Examples Harassment can occur based on any protected status; for example, it is unlawful to harass a person because of that person’s race or color. In the case of racial harassment, the harassing behaviors might include racial slurs, offensive or derogatory remarks about a person's race or color, or the display of raciallyoffensive symbols. Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).1 1 While behaviors such as simple teasing and offhand comments may not be serious enough to require an investigation, any employee who is bothered or offended by another employee’s jokes, offhand comments or League of Minnesota Cities Employee Handbook Harassment Page 1 The harasser can be the victim's supervisor, a supervisor in another area, a coworker, or someone who is not a League employee, such as a client, vendor or member. Sexual Harassment Sexual harassment is a particular type of harassment that includes any unwelcome sexual advance, request for sexual favors, or 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 employment; 2. Submission to or rejection of such conduct is used as a factor in any employment decision affecting any individual; or 3. Such conduct has the purpose or effect of unreasonably interfering with any employee’s work performance or creating an intimidating, hostile or offensive work environment Examples of conduct and activity constituting sexual harassment include, but are not limited to: Repeated and/or offensive sexual flirtations; Sexually oriented advances; Propositions or use of continued or repeated verbal expressions of a sexual nature; Use of offensive or sexually oriented language; Graphic or verbal sexually oriented commentaries about an individual’s body; Use of sexually oriented or degrading words to describe an individual; The display in the workplace or sexually suggestive objects or pictures; or Any behavior directed at another individual which would not be so directed except for the gender or sexual orientation of the individual Reporting a Complaint of Harassment The League will take actions to respond to and protect you from any sort of harassing behavior from anyone you come in contact2 with during the course of performing your job duties. This includes other employees, supervisors, managers, members of the Board of Directors, vendors, contractors and representatives of teasing is encouraged to speak to the person directly. If that does not result in resolution, the employee is welcome to bring the matter to the attention of his or her supervisor. 2 The League will make every effort to address harassment of League employees by individuals with whom they come into contact who are not employees of the League. This may include reporting the behavior to the employer of the alleged harasser or taking steps to limit contact between the employee and the outside party. Harassment Page 2 League members3. If you believe you have been a victim of harassment, you should follow the steps outlined in the Discrimination Complaint policy. If you observe or learn of conduct which may be harassing, you should report such conduct promptly. If you are a supervisor or manager, you are required as part of your job duties to report such conduct promptly and you may be subject to disciplinary action if you fail to report it. When reporting an incident of harassment, you may choose to bring an additional person with you to make the report. You should initially make the report to your department director, unless the department director is involved in the conduct in which case the report should be made to the Human Resources Director.4 The Investigation and Confidentiality The League will investigate all complaints of harassing conduct as promptly as possible using the process outlined in the Discrimination Complaints policy. Information about investigations will be shared with individuals making complaints, with individuals against whom complaints are made and other League managers and supervisors only on a need-to-know basis. The amount of information disclosed will depend on the particular complaint. For example, the individual(s) accused of harassment must know enough about the charges to be able to respond. In addition, sharing information with those persons who are interviewed as part of the investigation will probably be necessary in order to conduct a thorough investigation. Reasonable efforts will be made to limit dissemination of information only to those persons with a business reason for having it. Resolution of Harassment Complaints The League will take appropriate action to correct any reported harassment to the extent evidence is available to verify the alleged harassment or any related retaliation. 3 If an employee is offended or bothered by an overall work or team environment, he or she is encouraged to speak directly with the team leader or department director. If that does not resolve the matter, the employee may speak with any member of the Human Resources staff. 4 See the Discrimination Policy for further information on reporting procedures when the Human Resources Director or others with formal duties under this policy are part of the alleged conduct. Harassment Page 3