Harassment Policy Q&A

• The City of North Las Vegas aims to provide a work environment free from discrimination and illegal harassment based on protected characteristics.
• All employees are to be treated with respect and dignity.
• The policy extends to all City employees, contractors, vendors, and clients.
• This policy is designed to prevent workplace discrimination and harassment.
• Work-related settings include all activities and property, such as telephones, computers, and applications.
• The policy covers conduct between all employees, regardless of sex or gender identity, including sexual harassment situations.
• The legal standard assesses inappropriateness based on how a reasonable person within the protected class would perceive the conduct.
• Examples of inappropriate conduct include racial comments, derogatory remarks, horseplay, gossiping, profanity, yelling, and actions impacting workplace morale.
• The policy does not limit disciplinary action for unacceptable conduct, even if it does not meet the legal definition of discrimination or harassment.

Definitions

• Discriminatory harassment involves verbal or physical conduct showing hostility toward an individual due to protected characteristics or their opposition to discrimination.
• Harassment is illegal when it creates a hostile work environment or interferes with an individual’s work performance.
• The policy prohibits sexual harassment of employees, clients, vendors, contractors, and customers.

Examples of Sexual Harassment

• Unwelcome sexual advances include unwanted physical contact like patting, pinching, or hugging.
• Requests for sexual favors involve subtle or blatant expectations with implied promises or negative consequences related to employment status.
• Sexually oriented verbal abuse or "kidding" includes offensive comments about someone's body, dirty jokes, or display of sexual images.
• Any sexually oriented conduct that interferes with work performance.
• Creating a hostile work environment through unwelcome sexually oriented conversations or physical contact.

Prevention and Reporting

• All employees are required to be sensitive to what may be offensive.
• The city offers training sessions to prevent and stop harassing behavior.
• Employees who believe they are victims of sexual harassment have resolution steps they may take;
• Confront the harasser politely but firmly.
• Clearly state your feelings about the specific harassment.
• Request that the person stop the harassment.
• Employees can file a complaint with the Human Resources Department at any time.

Types of Harassment

• Prohibited harassment includes actions based on race, color, gender, religion, sexual orientation, age, national origin, or disability.
• Examples of prohibited conduct include epithets, slurs, stereotyping, inappropriate jokes, threatening, stalking, and hostile acts.
• Displaying written or graphic material that denigrates individuals based on protected characteristics is also prohibited.
• Refusal to work with employees based on protected characteristics is considered harassment.

Bullying and Cyberbullying

• Cyberbullying involves using the Internet to harass, threaten, or embarrass someone.
• Specific behaviors include sending threatening emails/texts, spreading rumors, making defamatory comments, or sending offensive material.
• Cyberbullying also includes impersonating someone online or creating negative online content.

Complaint Procedure and Responsibilities

• If harassment continues or the employee feels uncomfortable confronting the harasser, a complaint should be filed with the Departmental Supervisor or Human Resources.
• Complainants are encouraged to keep a log of any harassing activity and report incidents promptly.
• An Employee Complaint Form is available on CityNet.
• Human Resources employees should file complaints with an Assistant City Manager or City Manager Designee.
• Supervisors must take immediate action in response to harassment complaints.
• Supervisors who ignore reported incidents will face disciplinary action, including termination.
• Supervisors must inform all employees that harassment is prohibited and will not be tolerated.

Steps Upon Receipt of a Complaint

• Have the employee complete the Employee Complaint Form.
• If the employee is reluctant to file a written report, conduct an oral interview and document the responses, and have the employee sign the form after the interview.
• Advise the complainant that the complaint will be reported to Human Resources for investigation and ask to be informed of any future occurrences.
• Confer with Human Resources.
• Forward the completed Employee Complaint Form in a secure email to Human Resources.

Investigation Triggers for Supervisors

• Witnessing the conduct.
• Other witnesses report the conduct.
• Overhearing others talking about the conduct.
• The complainant reports the conduct and asks you to keep it quiet.
• The complainant reports the conduct and asks you to take action.

No Retaliation Policy

• Retaliation against employees for reporting or assisting in harassment investigations is against the law and will not be tolerated.
• Retaliation includes discrimination, harassment, refusing recommendations, spreading rumors, or any negative employment action.
• Violations of the retaliation policy may result in disciplinary action, including termination, and potential legal liability.

Confidentiality in Investigations

• The city maintains confidentiality for both the complainant and the accused to the extent possible.
• Investigations may require interviewing the individual named in the complaint and/or witnesses.
• The investigator may disclose names to conduct a proper investigation, and each person interviewed will be instructed to maintain confidentiality.

Investigation Results

• The City will examine all evidence to determine if unlawful discrimination or harassment occurred.
• If the allegation is unsubstantiated, the matter will be closed.
• If the allegation is unsubstantiated, but there may have been misconduct or other personnel-related issues warranting further review, such matter shall be taken into further consideration and addressed in a manner deemed appropriate by the City.
• If harassment is substantiated, disciplinary action will be taken, which may include termination.

Consequences of Harassing Behavior

• Employees who ignore requests to cease harassing behavior are subject to disciplinary action, up to and including termination.
• Supervisors and managers are responsible for actively preventing harassment and reporting observed incidents to their superiors.

External Complaint Procedures

• Employees who believe they have suffered from discrimination or harassment may seek relief through state or federal agencies or court proceedings.
• Individuals should consult the specific agency or court regarding filing requirements and seek legal assistance if needed.
• Internal procedures should be followed as required by law before filing suit.