Sect3IVDiscriminationandHarassment.docx

CITY OF NAPLES PERSONNEL POLICIES & PROCEDURES MANUAL Section No.: 3-IV SUBJECT: DISCRIMINATION & HARASSMENT Revision Date: 08/16/2022 Effective Date: 06/01/1995 POLICY: It is the policy of the City of Naples (the “City") to provide workplaces that are free from discr...

CITY OF NAPLES PERSONNEL POLICIES & PROCEDURES MANUAL Section No.: 3-IV SUBJECT: DISCRIMINATION & HARASSMENT Revision Date: 08/16/2022 Effective Date: 06/01/1995 POLICY: It is the policy of the City of Naples (the “City") to provide workplaces that are free from discrimination, harassment, and otherwise inappropriate or demeaning behaviors. The City does not condone and will not tolerate any behavior that is discriminatory, harassing, demeaning, or inappropriate and targeted or directed toward an individual or group on the basis of their real or perceived race, color, national origin, religion, gender, marital status, veteran status, age, disability, genetic information, political affiliation, union membership or non-membership, sexual orientation, gender identity, gender expression, pregnancy, child birth and related conditions, and protected classification not specifically enumerated. The City endeavors to maintain a work environment that respects the dignity and worth of each individual, empowering employees to perform to their optimum potential without fear of discrimination, intimidation, coercion, harassment, or retaliation. It is the policy of the City to ensure that equal employment opportunity without discrimination or harassment on the basis of race, color, national origin, religion, gender, marital status, veteran status, age, disability, genetic information, political affiliation, union membership or non-membership, sexual orientation, gender identity, gender expression, pregnancy, childbirth and related conditions, and protected classification not specifically enumerated. The City will not tolerate any such harassment or discrimination. The City requires its employees to report all perceived incidents of discrimination or harassment against an individual or group. It is the policy of the City to promptly and thoroughly investigate such reports, and the City prohibits retaliation against any individual who in good faith reports discrimination or harassment, or participate in the investigation of such a report. The City will take disciplinary action up to and including termination if it is determined that an individual took retaliatory actions against any person making a good faith report under this policy on discrimination and harassment. The City encourages its Vendors and Contractors to adopt similar policies aimed at providing workplaces free of discrimination in terms and conditions of employment, including benefits. PURPOSE: The City is committed to the elimination of any form of discrimination, harassment, and conduct that is detrimental to workplace morale, or targets, threatens, or otherwise harms the physical or emotional well-being of another individual in the workplace. City workplaces includes multiple locations, including but not limited to, City premises, customer premises, City-sponsored social events, citizen residences, public parks, streets and walkways, or anywhere that a City employee may engage with any other individual while being paid by, performing work for, representing, or at the request of the City. This applies to all City employees, applicants, vendors, independent contractors, employee representatives, and any party or group doing business with the City. DEFINITIONS: Discrimination - The City utilizes the Equal Employment Opportunity Commission guidance in defining of Discrimination in Employment. Discrimination is defined as the treatment or consideration of, making a distinction in favor of or against, a person or persons based on the group, class, or category to which that person or persons belongs rather than on their individual merit. Harassment - The City utilizes the Equal Employment Opportunity Commission guidance in defining Harassment. Harassment is defined as unwelcome conduct that is based upon race, color, national origin, religion, gender, marital status, veteran status, age, disability, genetic information, political affiliation, union membership or non-membership, sexual orientation, gender identity, gender expression, pregnancy, child birth and related conditions. This harassment can be verbal, written, physical, visual, virtual, or any combination thereof that is so frequent or severe that it creates a hostile or offensive work environment, or results in an adverse personnel action. cj Sexual Harassment - The City utilizes the Equal Employment Opportunity Commission guidance in defining Sexual Harassment. Sexual Harassment is a form of harassment that is directly related to an individual's sex or gender. Sexual harassment is often of a sexual nature; however, the harassment does not need to be directly of a sexual nature, and can be entirely comprised of disparaging statements about any gender that is so frequent or severe that it creates a hostile or offensive work environment, or results in an adverse personnel action. Retaliation - The City utilizes the Equal Employment Opportunity Commission guidance in defining retaliation. Retaliation is defined as punishment of an employee for engaging in legally protected activity. Such as making a complaint of harassment or discrimination, or participating in a workplace investigation. Retaliation can take many forms, including adverse personnel actions. Employee — The City defines an employee as any person hired by the City after completing the personnel procedures required by the City; or any person who performs services for the City of Naples under the direction and control of contracts with an Independent Contractor for wages or other renumeration. Independent Contractor — The city defines an independent contractor as means any person other than the Mayor, City Council, or City employees, who provide goods and/or services to the City pursuant to a contractual agreement, including a provider agreement with the City. g) Adverse Personnel Action — The City defines adverse personnel action as the discharge, suspension, transfer, demotion, reprimand, warning, withholding of bonuses, the reduction of salary or benefits, or any other adverse or negative action taken against an employee within the terms and conditions of employment as provided herein. ACTIONS PROHIBITED: The City prohibits any behavior that is discriminatory, harassing, demeaning, or inappropriate and targeted or directed toward an individual or group on the basis of their real or perceived race, color, national origin, religion, gender, marital status, veteran status, age, disability, genetic information, political affiliation, union membership or non-membership, sexual orientation, gender identity, gender expression, pregnancy, child birth and related conditions, and protected classification not specifically enumerated. The City endeavors to maintain a work environment that respects the dignity and worth of each individual, and will not tolerate physical, verbal, or virtual actions of discrimination, intimidation, coercion, harassment, or retaliation. Prohibited Harassment is conduct that is so frequent or severe that it creates a hostile or offensive work environment, or results in an adverse personnel action that may include, but is not limited to: Slurs, epithets, or jokes related to any protected status; derogatory or stereotypical comments based on any protected status; abusive or hostile treatment or similar offensive and unwelcome conduct based upon an individual's protected status; inappropriate use or transmission of electronic mail or other electronic communication equipment, or inappropriate access or viewing of websites, including those with cartoons, jokes, or any other message that may offend, disparage, or harass an individual based on the protected status categories outlined in this policy. Prohibited Sexual Harassment is conduct that is so frequent or severe that it creates a hostile or offensive work environment, or results in an adverse personnel action that may include, but is not limited to: Threatening, or actually making, employment or benefit decisions based upon the acquiescence or denial of sexual favors or actions; unwelcome and/or repeated advances, flirtations, or physical conduct; gender or sex based pranks, horseplay, jokes, or unwelcome comments; Inappropriate use or transmission of electronic mail or other electronic communication equipment, or inappropriate access or viewing of websites, including those with cartoons, jokes, videos, or any medium that may offend, disparage, or threaten any person based upon their gender or sex. Prohibited retaliation includes, but is not limited to: Reassignment, demotion, termination, change of shift, or any adverse employment action that has the potential to, or actually dos negatively impact a person for making a report or participating in an investigation. OPERATING PROCEEDURES REPORTING REQUIREMENTS AND RELIEF The City requires\ reporting of all perceived incidents of discrimination, harassment, or retaliation regardless of the offender's identity or position. Individuals that believe that they have been the victim of such conduct should discuss their concerns with their immediate supervisor. If one cannot speak with their supervisor or director, employees are empowered to speak with any Director Level Manager or Human Resources staff that they are comfortable speaking with to report observed or perceived discrimination, harassment. The City requires individuals who believe that they are being subjected to such conduct to promptly advise the offender that their behavior is unwelcome and to request the behavior be discontinued. Often this will action alone will stop the behavior. The City recognizes that an individual may feel vulnerable and not desire to confront an individual that might be their supervisor, and understands in an employee goes directly to the complaint procedure. The City requires prompt reporting of discrimination, harassment, and retaliation. Employees who witness discriminatory or sexual harassment, must report the incident immediately to the Human Resources Director or their designee. If one is uncomfortable reporting such incident to the Human Resources Director or designee, any City Director that the person is comfortable speaking with would be appropriate to disclose this information to, and that Director would then bear the responsibility of communicating the disclosure to the Human Resources Director as delineated in section 5 of this Discrimination and Harassment Policy. If the nature of the complaint involves the Human Resources Office, or the employee feels it would be unreasonable to use this procedure to report harassment because of unique or unusual circumstances, the individual may discuss their concerns with the City Manager or the Director of the City of Naples Commission on Ethics and Governmental Integrity. The City Manager or Ethics Director would then have the authority to determine the correct office to direct the investigation. If an employee fails to notify the City as outlined in section 4 of this Harassment and Discrimination Policy, or fails to provide prompt, or sufficient, or detailed information regarding complaints of perceived or observed discrimination, or retaliation, or harassment; the City's ability to investigate will be negatively impacted and the results of the investigation may not be the outcome that a timely and full disclosure of perceived or observed discrimination, harassment, or retaliation may have allowed. INVESTIGATIVE PROCESS Any member of management who receives a report of, or who themselves becomes aware of observed or perceived discrimination, harassment, or retaliation must contact the Human Resources Department within 24 hours. All reports of observed or perceived discrimination, harassment, or retaliation will be promptly, fully and fairly investigated by an agent identified by the Human Resource Director or designee. The identity of individuals reporting violations under this Discrimination and Harassment Policy shall be confidential and kept exempt from discovery to the fullest extent permitted by, and in accordance with the guidelines of Florida public records law, and consistent with the City's commitment to conduct a full and fair investigation. Upon the completion of the investigation, a written evaluation of the facts will be presented to the Human Resources Director or designee. If it is concluded that discrimination, harassment, or retaliation has occurred, appropriate corrective and disciplinary actions will be taken immediately to rectify the situation. The level of disciplinary action will be dependent upon she severity of infraction, previous disciplinary issues, and the extent of the offending individual's cooperation in the investigation. Disciplinary action up to and including termination may be taken, even for individuals with no previous discipline on record. It may further be determined that disciplinary action is appropriate for employees who did not report or provide information about an act of discrimination, harassment, or retaliation that they witnessed or should have been aware of. In addition to not reporting the incident, being untruthful or deceitful, not cooperating in an investigation, providing false claims, or withholding documentation or information may result in disciplinary action both under this Discrimination and Grievance policy and other City policies. If the person or person(s) engaging in the activity prohibited by this policy are independent contractors and are not City employees, as soon as the investigation is concluded and an official evaluation has been made the City Manager may take corrective action including but not limited to ending contractual relationships, barring identified contractor employees from city property, and barring organizations from bidding on future City contracts. RETALIATION, FALSE CLAIMS, AND FAILURE TO REPORT Retaliation against an individual for making a good faith report or cooperating in the investigation of such a report is considered a serious offense that by its nature is discriminatory and undermines the integrity of this policy. Therefore, any form of retaliation against an individual for making a report of discrimination, harassment, discrimination, or retaliation, or for assisting in the investigation of such a report is strictly prohibited. Violators will be subject to disciplinary action up to and including termination of employment. Reports of perceived retaliation should be made promptly, and in accordance with Section 4 of this Discrimination and Harassment Policy. Employees failing to report prohibited actions under this Discrimination and Harassment Policy will hold the City, it's elected officials, officers, and employees harmless from all claims, demands, lawsuits, judgements, damages, losses, or liabilities related to any untimely, incomplete, undisclosed, or otherwise expurgated claims. Article 6.a of this Discrimination and Harassment Policy is neither intended to prevent discipline, nor claims, lawsuits, judgments, etc. against those who are found to have engaged in prohibited or illegal conduct. This Discrimination and Harassment Policy is not intended to and in no manner limits an individual's rights under Federal or Florida Statutes. If it is concluded that an employee made a claim of discrimination, harassment, or retaliation that the employee knew to be false or it otherwise has been shown that the employee should have known that the allegation(s) were false, that employee is not provided any protections of this policy and may be disciplined up to and including termination for misconduct and dishonesty. Discriminatory harassment is a serious breach of the City's policy and may be a violation of federal and state law(s). Report of such harassment is an extremely serious matter that could have a very damaging effect on an accused individual's professional and personal reputation, career and personal life. A report of discriminatory harassment should not be made lightly, used to addressed complaints for something other than discriminatory harassment, or made to achieve some purpose other than the eradication of discriminatory harassment. Reviewed for Legal Sufficiency Date: 08/08/2022 Signature: Marc Sogarman Marc A. Sugerman, Esq. City Labor & Employment Attorney Approved by the City Manager Date: j Signature: Jay oodheshwar, City of Naples City Manager Effective Date: August 16, 2022