HomeMy WebLinkAbout2020-06-25; New Human Resources Practices and Policies for FY2020-21; Chadwick, ScottHonorable Mayor Hall and Members of the City Council
June 25, 2020
Page 2
Equal Employment Opportunity Policy
To implement federal, state, and local antidiscrimination laws, Human Resources, in
consultation with the City Attorney's Office, has developed a new citywide Equal Employment
Opportunity policy.
The policy shows the City of Carlsbad's commitment to maintaining a workplace that is free
from discrimination, harassment and retaliation in any form, and that respects all individuals.
Allegations of policy violations will be taken seriously, will be investigated in a prompt,
thorough and objective manner, and may result in disciplinary action. This policy also reinforces
and formally recognizes the citywide Sexual Harassment Prevention compliance training
required by California Government Code Section 12950.1.
The policy covers:
1) The behaviors, practices and activities expected in the workplace
2) The responsibilities of all employees including part-time, interns, volunteers and
consultants
3) The actions that will be taken to ensure compliance
The new Equal Employment Opportunity policy will supersede Administrative Order 45, the
previous order on the topic, to ensure the City of Carlsbad provides a comprehensive policy
that meets all legal requirements.
Please find the Equal Employment Opportunity draft policy attached.
Lactation Accommodation Policy
Human Resources is drafting a citywide policy detailing the requirements for accommodating
lactating employees. The city already provides such accommodations in compliance with both
prior state law and the new requirements in California Labor Code Section 1030 et seq. that
became effective in 2020. This policy will formalize the city's practices and emphasize the city's
strong commitment to support our lactating employees.
The lactation accommodation policy is currently being drafted by Human Resources staff, with
help from the City Attorney's Office. The draft will be presented to me when it is ready for
review and then I will forward on to you.
Substance Abuse Policy
In recognition of the public service responsibilities entrusted to all city employees, interns,
volunteers and city contractors, and because substance abuse can lead to workplace injuries,
accidents, absenteeism, reduced productivity, low employee morale and damage to the city's
property and reputation, Human Resources staff, in consultation with the City Attorney's Office,
are drafting a citywide policy that is committed to preventing substance abuse in the
workplace.
Honorable Mayor Hall and Members of the City Council
June 25, 2020
Page 3
The policy outlines:
1) The importance of implementing such a policy for the health and safety of our
employees and the community
2) The expectations and requirements employees, interns, volunteers and contractors
must adhere to
3) The procedures for identifying and testing employees for whom there is reasonable
suspicion of substance abuse
4) The responsibilities of employees, managers and supervisors and the Human Resources
Department on dealing with substance abuse issues in the workplace
5) The actions that will be taken to ensure compliance
The Substance Abuse policy is currently being drafted by Human Resources staff, with help
from the City Attorney's Office. The draft will be presented to me when it is ready for review
and then I will forward on to you.
Next Steps
I look forward to presenting further information, the .policy drafts and committee
recommendations as we move forward.
Attachment: Equal Employment Opportunity Draft Policy
cc: Celia Brewer, City Attorney
Geoff Patnoe, Assistant City Manager
Laura Rocha, Deputy City Manager
Judy von Kalinowski, Human Resources Director
CITY OF CARLSBAD
EQUAL EMPLOYMENT OPPORTUNITY AND WORKPLACE CIVILITY
POLICY AND PROCEDURES
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I.
PURPOSE
Attachment
<i~:~~t; :?~~:-. . In harmony with the City's mission to provi:i;Ie:~to1J'.-q'C.1c11Jty service that enhances the •••• ✓......... .-"❖.,,,..,._
quality of life for all who live, work, and play in Car{sbad, the Ciff ?f~-committed to maintaining a
workplace that is free from discrimination, har~s"iitent and reti iiation in any form and that
respects all individuals. Equal Employmeni}6?Portunity ("EEO") \W~gations will be taken ... ~✓--·;,:; ,.,..,.._ ....... .
seriously, will be investigated in a prompt, tnor:q,ugh and o~jective ma°frrfer., and may result in
disciplinary action. This Policy outlines: 1) th1{'6:ehavior:s/p ractices · anl {a·ctivities that are ,,. .. ,;❖:..:--::,.; ,. ·•:z11. =--"¼❖•"....: ...
expected in the workplace, 2) the 1Je.sppr;isibilities of'erfi·plQ"ve es; managers ancffsupervisors and ,:::~««-:'-:-;, . ,, ,:i-,•.:
· the Human Resources Department,·:~nck3.)Tthe actions tn:ilt.will be taken to ensure compliance . . . ~:( :t❖ ~.--.:::~-z.::.-❖•. .,,~❖..:;~·=·· . with this Policy. \'::-.;:~. '=:::t~~~::;::. ·-~::t:. ?J\ .,,:;,:/ft.::-.. ·-~.:: lb:..
The City is comr;ni(fea tto ensuririi{that th°t;~fi'freiples 'tt:fra,ir and equal treatment are ✓,;9;/~~--~,...~f%X~~--~;~~ . .;~~ ... ;~~❖ ;~...,~~f•,. ~✓ · understood, respeq,~qt ~ni:1 pr9J:J:\ced thro(lgh.o.,yg:J~e Wd'r'~jtl_ijce. Federal and state laws, and •• ,.,-., •• ,,-';, .•••• ..,,'.• ,,,.:!'(.I.:"-'•''?, ... ✓ ·-·&,,·· -.. Carlsbad Municipal Co'de Section".:2:.44.120, mal(e:~rt unlawful tcf'discriminate against employees
and applicants for em'Jr!Qn1ent o~f&e basis of{Jy protected classification, including: age (over -:,;,:,,--◊-~ /,❖J'~h•·-;.o,.,..; ~1~· •• 40), anc~str,y,~{~ql9.r, creed~:t,,g~"!.-9!~rJ:fg~t)d~r ide'nfity, gender expression, genetic information, ,«;r,.:.;;-:::-~:::-✓0·❖,. •✓ ,;,x;;,.•.,.Pt · .?,:-.,1/:;✓.:,. •,;,. marita~f}iw~r✓-m,e9:t~&}:;o~d_it.!~£,. (in_clucli f:i~}{t,~~-ef/~nd ~-enetic characte~istics)~ milit~ry _and
veterari[,,status, nat1on·ah_oqgin, ·pijv.s1cal or me.n,tal d1sab11ity, pregnancy (including childbirth,
breastf~{~i1;1g, or relat~d{fu ~dic~1:?f &-.r:iditions), '•;ace, · religion, religious belief or observance ~=-~-................ ,~~--~-❖ ~~=-❖~. (including reJrg).9 us dress and~gtpoming:p;~i;l~tices), religious creed, sex, sexual stereotype, sexual
orientation, 1rn'r1sgender statJf p r trans-~ibning, use of family or medical care leave, domestic
violence status,'J Jfitical affiliat(~61 hair style or hair texture or any other classification protected
by federal, state, ~f{St!3I law,d~!fuding being perceived or regarded as or associated with any ~_.1•,........ ,,, •,• ·•:-•·
protected classificatiori)f T:he.seipfotections include being perceived or regarded as, or associated ·~.J<❖; ❖'/'~-❖-
with any protected classifi~;fti6n. This Policy also reflects the City's commitment to providing a
workplace consistent with the law and promoting a high-performing work environment against
actions that may violate the City's EEO Policy, but not rise to the level of a violation ofthe law.
All City employees, elected or appointed officials, contract workers, interns and
volunteers (hereinafter collectively referred to as "employees") are required to adhere to the
standards of conduct this Policy defines and to support and adhere to the principles of EEO as
stated in this Policy. Managers and supervisors must understand the importance of these
standards and principles, enforce them, and work towards providing every City employee with a
work environment free of discrimination, harassment, and retaliation. City managers and
1
supervisors will be held accountable for ensuring that EEO practices are adhered to in thek work
units. This Policy will be distributed to all City staff annually, and to new hires in a format requiring
their review and acknowledgement. This policy will also be posted on the Human Resources
intranet page for all employees to access.
The City also is committed to maintaining a workplace that respects all employees and
promotes civility and eliminates abusive and bullying conduct. Workplace bullying and abusive
conduct is unlawful if it is motivated by discriminatory or retaliatory bias that the law specifically
prohibits. Even when it is not unlawful, it violates this Policy. The City is committed to ensuring
that all employees are treated with dignity and respect and vy_i ll take action in relation to this
Policy as deemed necessary to prevent and address such b;.~{f£1r,
. ✓,~:,,~(.;1/ ,;:,:,✓«•iy
11 -1-~f :';it.:;, .
• /,;,;,: ;,✓~•:.-,·~Z;:;,. ,~.:,,,:x~~ .. ~;, ··~:;· i~:-,._
EQUAL TREATMENT /PROTECTED;:CLASSIFI.GATIONS
,,;,;•❖ ~;1 ~-:»',...:'·~·-J.fjt· ·-:~}.:;;;,,
The City will ensure fair and equal treatro~W·t"in all employm✓~ah(.elated actions (e.g., pre-
employment inquiries, hiring and firing, prd;~}fons, discipline, tra.n\{~~h job rotations, work
assignments, training, overtime, merit increasJ(~,V ... 9. rewar~_~J❖~nd other:t~,P.J.s, conditions, and
privileges of employment without regard to an indi~~4al'.(i~e{(over 40), afr{istry, color, creed, ,-;<'.,'. . ',;.~',cY,,./7,,~,f• ?1' ~✓--.;. '• gender, gender identity, gender i:~xJgrn:;sion, geneti9);IQ'fo rmation, marital';:status, medical
condition (including cancer and ge«kJiF i w~~acteristic~H0~JHitary and veteran status, national
origin, physical or mental disability, ~f ~g~}tffW.o.cluding"f ~ilclpirth, breastfeeding, or related ...:~-~·~ ••• ,/ •• ,,. :,.:-,-? •✓',,.,' ,,,..
medical conditions), rac~}.;/~J!~ion, religiqA~. beffe-f,:qJf~!;>.~erva'if@Ji.nc1uding religious dress and
grooming practices), _r;eiig[<S,usl ~ceed, se~fgexual stet{O:tvp.e, slstua l orientation, transgender . ,;,t~:::::~:.r ~_..., · "~V-:;-~.r:::$"} "0:❖:0-'~•. ,..Z;;:~~P. ,.,,.,.~~~•f ;z~ .
sta_t~s _or tra~sitioni.~;ft ~~e of fa{pjlY or meq~llI¥e. lea_ve,~.~~mestic violence status, political
aff1hat1on, hair style or.,H~ir texture;or: any oth~c;l;rss1f1cat1on protected by federal, state, or local
law (including being p~hl;Jted or}f ~:gar.ded as ·'6'6t=::issociated with any protected classification).
These classif;icaffons-.are thi{iit 'f~ctlJf~1egorie'Wec'>Vered under this Policy and will be referred
t "P. .r~1t~==J~t:::~;.d«~c~··?~t .. ~;-~:;$:,~~-. II •❖wrz. -~ •!•.:;J~(:~~~*-·· ·-~r:rr~ o as .. r;,Q;Le.e e a e_gories . ••:::•:❖-❖ •.•,·.:::-.~:-:-, 1~{$.9==~{9' ,.~;;1'1~·. ·-::::~;~.. ~?.~1/i::'~:: ,:,: ,• ~=~: J,:'f<::·;:,.. -~~-.:½;.. ~ .:-;:1/ ·«-:-,:❖ ❖ ·;:f:,-, ·'.:';::·❖:,::: ·~:=~\:= ·::.~;,:::::-,. -:t@::-Ill
·<·~:~.~~;;.~ .. ~~mJ~~'" ··~ .. :,==:~~~-. •
·•::~;,:;~~;:. WORK ENVIRONMEN{ FREE FROM DISCRIMINATION, ·~<;:·.-~;;,. ·✓-~ .-:,.~ <✓~'/ ·.,,::th:-. 't:IARASSMENT, AND RETALIATION ·<.::::*~~ '• ·~:r{✓~ ·<½•:~:.. , ... ff..-,,
All City e ~Ui~yroent .Pf.i:?iesses, interviews and selections shall be job-related and
conducted in a non-dit0tt-irn.i~(6{? manner. Interview questions and selection materials must be
based on job-relevant ~lff([l;;nd carefully designed to not discriminate or have an adverse
impact on applicants based on Protected Categories.
All City employees are entitled to a work environment free from discrimination,
harassment, and retaliation. This Policy strictly prohibits discrimination and harassment on the
basis of a protected classification. In addition, retaliation against a City employee who reports,
complains of, or makes statements regarding an act,of discrimination or harassment in violation
of this Policy is prohibited and will not be tolerated.
Discrimination occurs when a person's protected classification is a substantial motivating
reason for an adverse employment action. Examples of adverse employment actions include
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termination of employment, discipline, negative performance evaluation, denial of promotion,
demotion, or reduction in pay.
Harassment includes any unwelcome, unsolicited, or unwanted conduct because of a
person's protected classification that offends, demeans, humiliates, embarrasses, intimidates, or
otherwise causes the person distress. Harassment creates a negative work atmosphere, which
reduces work productivity and morale, undermines the integrity of the workplace, and destroys
professionalism. Examples of harassment include derogatory comments, slurs, demeaning jokes,
threats, unwanted touching, offensive pictures, cartoons or posters, or sexual advances.
Retaliation includes a threat, intimidation, or advers@:employment action' because a
person has reported an alleged violation of this Policy, file1f 8ftifsisted another with a complaint
under this Policy, participated in an investigation of a:.fbfu~lc1ini under this Policy, requested
'ii',/',/ ✓J". , . •,t. ··•,/',,
accommodation for a disability or religious belieff:of ob1ef.:v,ance, or otherwise opposed
discrimination, harassment, or retaliation und~r,}foi;·· Policy.·,,fifti:~r.visors and managers are
~/. ;,._.,.,"// ·.,:. X•,:. ..
reminded that employees have a right to repqr:f~hY"act or conduct tlf at:tJ,ey believe violates this ,:❖✓--:.:,,,. ,/"fi✓..; ...
Policy. In addition, other more minor forms::o,Vretaliation (e.g., unw'ar:fanted change in work . ..-;:✓.-::, 1-,...:•x:::,. ..
assignment or location, unreasonable denial of leav~ request; or uncoope''r°~ti~eness) will not be J-,r/.-;1..,. ~ •• ~•,t• ,f, .-
t I t d Y-:::::1:~--:1::-;,.:.t . r:::\·. o era e . ,,, ,~,,·.:,,. ✓:-::-:;.:,,.,,. ,:;•~:-0;:"«· ,,.,, . .I' ... .,-.;-,,·✓-,-. , v,:. . ;:;::&,:. ,,,,.~-•-• ❖'.•./·· ,,.,,,. .. ~ •. ·Z'•:•'\, ··'I-~:,·%~.,;-. . ,. ·-.1:;;:;/~~-... ~~-·-.-;:,,}~%·"
Good faith employment actionl 1:1&fi1:ot constitute_'·\Jn lawful discrimination, harassment, f;...:,,:.~. . ... .,.-.,X❖!' .• ,, . .-..,,_ ' ,t
or retaliation. Good faith employmentj.~tl"ons.[t.ak~n by a·;s'Q'p.ervisor, manager, or appointing ·~ ., ... ~ l"~.;<f:•,7.-: /_.,~/..I'❖
authority, such as offering c.onstructive fee't;i_backbf.:.;cntic;ism, h'olq:ing employees accountable, or _.,:,-•~:,',1.•;"q,... 1,y.~.1,,. ..... x .. r. ~").,., ... ~ .. -:x,0.
providing discipline, "Y~i r:~J (p_pr:.opriate, ·a,it p ot c~~~tiiil ~e, .. and<should not be mistaken for, ef,~:~✓::::--~❖.-:-·~~ ~ ~~:-, •• :1,·· .,;.:-........... ;,,;❖:;;-:;.•.
discrimination, hara:~ftW~nt, o r't~r~t ation. T.~~ft.i:f ll'lploymei},tJctions are aimed at e_nh~ncing
workplace product1v1ty;,; qr addr~~l?,mg worl< ,~;performance or conduct and are within the
responsibilities and obli~~9ns ofl~J,fY:.;?~pervisJ ff ar,d managers.
. :-~£:lfi:l::=~•:• ·::-(}::#f/:::~::?{§J;,h., ·~t\;
Thl fe i'(~?Will·n-:'esP,Ond t~l a'II reports.-oftdiscrffn:ination, harassment, or retaliation in the
.. :•··❖-~~:. ' ....... :~•-:' ,,-:;.~. ·..::~<"{-;..~_ ·-:•.-;· /fr. ",;.
workpll:r¢~; conduct a fa•it;'..ti.mely/~.f'.lq thorougWiM estigation (as needed), and take appropriate r"_,:;• • ••·. ~..-.r;--;,-_.• ·. •,•.• ...... -.,
action (at ~:t E:!ded). The Citv§J ~~ctioi~t.~J~Y range from informal counseling to disciplinary action,
up to and irfrl:i:iding discharg~%"Xlen if if(s 'the first time such conduct has occurred. Prior incidents ?~:..>/•··. ·•:.w;-:-~:, ··::.z,,.,.
may be considet ?c:L,when asses~irJg the facts and circumstances of a complaint. ·~::--;:;.:~-·:~,I % ·~~i-·~-:::2:¼ ";"_., •,;.-:. ·.•,1.•.-:"
Every City ernplo_yee is/e~pected to support and enforce this Policy. A supervisor who
observes or is aware ·sfrdiscfi'Afl~ation, harassment, or retaliation and fails to take. corrective •,.,1,, / • .,-.r... . .
action, may be disciplinechiye'n if the conduct did not take place in the supervisor's work unit.
Job performance assessments for supervisors and managers should include a review of their
support of the City's EEO Policy.
IV.
SEXUAL HARASSMENT
Sexual harassment is harassing conduct that creates an intimidating, hostile, or offensive
working environment on the basis of sex. Sexual harassment is unprofessional and detrimental
to a high-performing work environment.
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California law provides that sexual harassment is unlawful and includes verbal, physical,
and visual harassment, as well as unwanted sexual advances. An employer may be liable for
sexual harassment even when the harassing conduct was not motivated by sexual desire. A
person alleging sexual harassment is not required to sustain a loss of tangible job benefits in
order to establish harassment. Sexually harassing conduct may be either "quid pro quo" or
"hostile work environment" sexual harassment:
• "Quid pro quo" (""do this to get that"") sexual harassment is characterized by
explicit or implicit conditioning of a job or promotion on an applicant or
employee's submission to sexual advances ox. other conduct based on sex. ,.:?,;.--;,.,
• Hostile work environment, sexual haras·sment. occurs when unwelcome ,;::" ... ;;:;.--;~:~;-· .
comments or conduct based on se'x,.::;tinreasonably interfere with an
employee's work performance or c;eitf[{;jntimidating, hostile, or offensive . ·:?:;::;1-W· ... ,.;:=::?.::-,. work environment. ..... '•:~ ··,t:t:. 1 .,...-}}}.:~-. . ... :::=i::=:■ .. ,-.~~?.::,(/,, ·. ·:··•». , .-½~ .. :,;?,;:;,..... ··~~~""
To be unlawful, the harassment mus(.ffe'.;s evere or perva'sive.,such that it alters the
conditions of the victim's employment and ff~}ies an abusive workirfif'e-nyironment. A single,
'.t~• ❖r '\;,• • 'l.P
unwelcomed act of harassment may be sufficientlV,.severe so{.as to createJa n unlawful hostile
work environment. To be unlawful,(.tb,e harassm;rif \u ~.st.'~j~Both subjectiJ~(v~~nd objectively • .;·~z:"::_..,,..❖ :~::~:·•:~;.~-:-·.~--. ,.,-_, offensive ~.::--,:«~~~ ":•:::~~:-:✓:r . \W{!iftt¼'/-. ,,:wi:~. ·
"The term "severe or pervasive" mean's.cond'i:.i~fthat alters t he:.wnditions of employment .,,...;_,:;_.:~. ~ .... ~~❖;;:_:::{?,.-,, /,~•:•·== ■
and creates a hostile or ab.usiye work envi'r,onmerit l lh::q~termihTngwhether conduct was "· .,.I.'. X · z, '-'/{t,• -,..,_. •'•;;,{,r;.· •11:. J-.~•
severe or pervasive, the:\otiMty/of the circti'n:istancef ri.:'c;on sidere'8/f'ncluding any or all of
h f II . . .-~=1·:=~r=❖• • , .. ;<1(1;;.. (:;_;~~t-, /f~{tf~·· .,~,.,~::p.f~:~ .. t e o owing. ,:,%;,:✓..-· ••:;:;;,:-, ••:•.•,•✓:•.•:❖;;:.:❖ -.•,;,•,, .... '❖-=~~~•,, •,%$1·. -::~•{½:X::;~~ -~{1// ·. •.;*t~~. _ ·irj · '(:Zf?{
• The n·afifre of t li'~'co,nduct; \f::;_
,r • ,. ~~.--·--.?~:;; ~ A·-;-; ¾Xl= .. i.;?/-··r:/x~· ,f'./:t~~:::::"How oftetn;;'~:rffd :ove r..wlrat perida~:bf time, the conduct occurred; if~~;*~·>~--::;?//.~-;,;,,~ .. ::~~~~t;❖" ., :1,2.~X"u. ·~i;,, •, t.iilP';.•: _,, .. _.T~e:eircumsf~pc.es undefv.iijkh t tfe conduct occurred; fffi{ • Wh ;f~~{the ~J{.fp~~t was ~-h}sJ ally threatening or humiliating; •,.-~;:;:~:-~ .-:x .,;;, ·•.f:-.. :❖• . ·>-f:t:,. • The extent to whidl'..the conduct unreasonably interfered with an employee's 1.r,:::~~~.. . '·~::>•)/.. •,t~~~~~:.=~;-. ·•::~•h>,, work performance. ·,;/-: · '=\t\,. (Ni. . · ·
However, a singl~··itt'tident of hi f(s,sment may be sufficient to create a hostile work environment
if the harassing co.JJtrct. unn;Jtfnably interferes with the employee's work performance or
creates a hostile or off;~¥,iy!:)i ofking environment.
···f?'
Sexually harassing conduct can be verbal, physical, visual, or written, and can occur
between people of the same or opposite sex. Sexual harassment can occur in any working
relationship, such as between peers, supervisor to subordinate, subordinate to supervisor, by a
member of the public toward an employee, within or across departments, as well as in other
situations.
Verbal examples of sexual harassment may include derogatory, demeaning, or sexual
comments, insults, slurs, threats, obscene language, or sexual jokes; graphic comments about a
person's appearance or physique; conversations or comments with sexual undertones;
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recounting 'one's sexual exploits or inquiring about a person's sex life; starting or spreading
rumors about the sex life of an employee; or remarks or jokes about a person's ability to do a job
because the person is male or female.
Physical examples of sexual harassment may include unwelcome touching, hugging,
kissing, groping, or massaging; sexually suggestive or explicit leering or gestures; physically .
blocking, cornering, or impeding movement; or revealing parts of the body when such exposure
violates common decency.
Visual or written examples of sexual harassment may include derogatory, sexually
suggestive, offensive, or explicit objects or pictures, includinf t ,artoons, posters, drawings, or
computer graphics; or letters, notes, e-mails, text messa~t f f~J.~t t ronic messaging, tweets, social
media status updates, or invitations, including social mi di.t"ltfYl!ations, which may be perceived ,,, •"•" "• ,•., ·•x• .•• .,_
as sexually suggestive, demeaning, offensive, or obscene/'· ··t:~\:::: .
. , /{},. ,/ ···.:::rf~:;;:,
Other examples of sexual harassment m,tf fn'clude: ·•:4$>
:\)\ ·•. '._\\~~-
• Job actions taken to pressur·e·;fp~rson into accepting ·sexu.i;ll advances; or .•, . ;. /4-· •, ... ·.
• In some circumst~nces, repeategly,,_asJ$iQi :a person fof /~·,'.:~~te after being
t d d . .-·•:::; .·. ·-:·-: ... :'•/4-/• /;: 1/ ·•,';'• :•· . urne own, ( .. ·.::•:~ .. -: .. :::✓..·. ,. ·-'ff\?~=~}:~-, . . .. \ftb .
Sexual harassment by supervis<;irs. ifod_j:n ar agers carf !hflude a statement or insinuation
that a refusal to provide sexual favors, ·of/~ .. reJetiid'ri.of sexuiffa\(ors, will cause reprisal, lack of .. ··,:,,: ·~ .... ·,,, .:: ,. .. ,,., .. ,·,/' . •,•. ··•·•· .. ·.
support for appointmenfs; pfpm,otions or':tra.nsfers,.Jfilure of pr'6b-~tion, change of assignment,
••• .i;-• ::-: "•/·· .-',•, I', .... ~•✓;,,',.,, ;;,-✓,.... ·-·?
poor performance rati_n·g; or ·s6'm.e:,other adverse employmeht.a\:tion. Sexual favoritism can also • ?"•······ '••~· .. . ·-·-;:,-.• , •. :., ~· .
create a hostile work-!:!QY.i.ronment_(inder cerl:~!fi ~ircumstanceS: "Sexual favoritism" means that
an employee has rece·i~~a.. pref;r;thtial treatrilent with regard to promotion, work hours, <.>' •••··. ·•:• :•. ·•:••. ··. ,;
. assign men}~· gr;~9tp,~r signift~~~~:,~·rn P._\oY.r:i)_~nt IS~ri.f _fits or opportunities because of a sexual
relationsnijf w·ifff ~·sup.er.visor·w ho. was i·~,a;Ji·ositiori'to grant those preferences. {11¥.f •,, ?ft; ::<it-:.. ·-,~~(}y .
\,V§'.~!~er alleged coryg_!:!_ct c61~~I~:~tes sexual harassment is determined on a case-by-case
basis by assis:s!,rig the entire,.~1~uatiort=~~~4Jhe totality of the circumstances. Factors such as the ,._ •.•. ,,. •• , ·.••,· ,y . ·-: ,,. •• ,
nature of the·cgn<;Juct and the·.s~ptext in.which the alleged conduct occurred will be considered
in assessing the\iil_ega_tions an &rMdetermining the resolution.
'. ?: :> ' /:};·:{
Whether harassrnent<occcirred depends not on whether the conduct was intended to ··~ .. .,., '•,-: ~,,., ... ';/,,, .
cause harm, but rather·t ~¢J inpact of the conduct on an individual's employment or work •.•,-,;,· environment. For example, ·a person who teases in a sexual manner or tells sexual jokes may
create an offensive work environment for another worker even though the person intended such
comments or actions merely to be "in good fun ." This applies to all types of job classifications
and work environments. If one's conduct is harassing to an individual or group of individuals, it
does not matter that the actor failed to recognize his or her conduct as harassing.
This Policy does not prohibit mutually consensual social relationships between
employees. Persons involved in consensual relationships must exercise caution, however, to
prevent the development of harassing conduct or the use of authority inappropriately. For
example, if the consensual relationship changes and is no longer mutual, conduct once welcome
5
by both individuals may become offensive to one. Should someone in the position of supervision
develop a relationship with a subordinate employee, the supervisor should immediately bring
this to the attention of their management to ensure transparency and equity is maintained.
Normally a supervisor should not be in a relationship with a subordinate employee. Accordingly,
once a relationship is established between a supervisor and subordinate employee, an
alternative reporting structure and/or job assignment must be implemented so that the
relationship does not negatively impact either the employee or the supervisor.
V.
PERSONS WITH DISABILITIES .
,.;:;;:{f:}
The Americans with Disabilities Act (ADA) and Cali.for:ni~ Fair Employment and Housing
Act (FEHA) are the federal and state laws that protect:e,rtiWii~~es with disabilities. Under these ',"✓,•,. ~« .,,,_ ,",".!',!, .
laws, the City will provide reasonable accommoda!tg1f;7·a qifalJfii~ applicant o_r employee with
a disability, unless doing so would cause un ~~~/~;ardship. Tfi'e:f ~N Y determines reasonable
accommodations through timely, good fa jt:6:-?.)tt'eractive proce~:fi~--involving the Human · .~~:~❖rY _. ~❖·'°·~ · Resources Department, the employee's super:V1spr or designee, and thE{er:nployee in need of a
reasonable accommodation. Additionally, the dtt will engag~~i.n a timely}[cio.d faith interactive
process with qualified job applicant~::,1..yho request J~qn:,~Sijltion. "~th,
'if(flbrt,&Y1• 'Wf.f(_ · 11
'
CALIFORNIA FAMILY RIGHTS ACT'(CERA')"l.FAMILY ANDJMEDICAL LEAVE ACT (FMLA) /
. ,m PREGNANCY.OISA.~llllif~v·LEAVE f p()b ..
/4J!iliifa:~ \(t. ..XMtfa~:~-. ·-1:~r
The federal f'afiiily an c:l<rv(edical Leave·•Aet1,(f ,WI LA)"'a'ffd:.the California Family Rights Act -!❖: ........ _,--❖❖·~·•, ·~· ..... ~.x~;:;-:? ...... ✓:.r>.:-;,
(CFRA) provide thaf-:f P.)i;>loyees Wti:P have ~B:(Re'd at least "Ha lf-time during the previous 12 ~~--·,::-· :-'~.,..,~ ·-;::•,•:1-;. ' .
months_an~ ha_~_e worked.fi t t heJig~ryt!~.ast onetr~lr shall be allowe~ to req~est up ~o 12 weeks
of unpard,;')£9./J.:W{~£ted leay$#~y.eaqeJ.Jt: fo~)J~mselves or an _1mmed1a~e family member
because 0,f;a serr6us,ffe.al_th con a1t1.on, orto ca:r;efor tlt e employee's child after birth, or placement iX<f:t,;/ ·<, .. :f:;Y,,;:;.... ",~~:,~ • ...,oc., •,'.,::~•:;:~:::~· ~-.
for ador,tion or foster ca(~\-. ·,•:{}::::., ·-·-::::;;::::=' ❖~lit:-:. ·-:::{t.hf:' _ ·,:%:k,,.
An ··emp.loyee's leave'1r:h ay be' :extended beyond 12 weeks as a form of reasonable •.t,.-·~ ~........... ',::,;,-.;;,.... ~. __ ,.,_..,..; ...
accommodatit%t consistent w'litif}the AD ti:"'and FEHA. For pregnancy, California law allows up to ·~--.-x❖;-, ·r·~..;.
four months, or 1:7i a1:1,d 1/3 weeJ<~J of unpaid, job-protected leave per pregnancy to an employee ?/:--.,-';• ,.,__,..;,,,;;
disabled by pregnancy}i s~ildbi,rl,h/br related medical conditions.
•;:~;:?.-::·. ...:~%1;:-. ·?}-;~~;~x:x:;/
The FMLA also priiy~cfef leave rights related to military service. Eligible employees are
entitled to up to 12 weeks -~f unpaid, job-protected leave during the normal 12-month period
established for FMLA leave, because of any qualifying requirement arising out of a covered family
member being on, or having been notified of, an impending call to active duty to support a
contingency operation.
The FMLA also provides leave rights of up to 26 weeks of unpaid, job-protected leave in a
single 12-month period to an eligible employee for the care of a covered _ family member
recovering from a serious illness or injury sustained in the line of duty.
It is unlawful, and is a violation of this Policy, to interfere with, restrain, or deny the
6
Resources shall be responsible for determining if any interim action is needed while the matter
is pending.
· In addition, City employees may file a complaint directly with the following external
agencies: California Department of Fair Employment and Housing (DFEH) {800) 884-1684; or
United States Equal Employment Opportunity Commission (EEOC) (800) 669-4000. Employees
should be aware that there are time limits for filing these external complaints and can contact
those agencies directly for additional information.
City employees may also seek confidential personal counseling from the City's Employee
Assistance Program (EAP) at {844) 266-0708.(Counseling t~.r,q~gh the EAP is intended for the
personal benefit of the individual and offers a setting wher:¢}JfJibus options can be explored. For .~·❖:;;~~r· an emergency, please call 911. /:\J0}: ,,•, i@>;, "<{(it.
When responding to a report of a violation-0hhis Policy, th'e::City will strive to protect the
privacy of all individuals involved. However, ano6;.filty and confid;Jtj~Jt!.Y cannot be guaranteed . ..-;». ... . ,1?, •.
once a complaint is made, or when inapprop'riate conduct is made kn.dwfr.>While an individual's "09.-~--, :❖~-~ ..
expressed desire regarding confidentiality will B''e=:¢pnsidered,;Jhis must of w~ighed against the . ❖z,•❖1 ... ·• ht ·Y•"'· ~~· .. -=~-·--resp on s i bi I ity of the City to investigat~ possible violatl:ons o(f~i's'Policy and tcf t.i(~.e. corrective and -,::.:;, --rz..,...,v{~· '.,/ ❖.• .. ,..x. preventive action where appropriat~:;~Jhf9rmation pe'r-fa111'irfgto complaints willl.i•e maintained in ',;.~-►·· •. ::?I'~❖>~ . >✓h_Z:-. confidence to the fullest extent perm.ittedJ5y:l ~w. ··::{ft,:,, '.: Ht .,,,~$.R~<-,.. ,,.·::t}:~,;.
When the City's Human Resou't(Js, De'p~'ttrfi~•it receWfs,,,an employee complaint that .~.-✓_;;·❖:,/.·, ·v:• .• . ~---:{..: »~=n·• ~-,,. ~~;.. comes under this Policy),wf\et ber directly.J rom an,eh:ip l0.v.ee o(from a manager or supervisor ,;::=.;_:•~~r.::::~•~•Y/.:,.~:-;:~_. ~;;?..:; -·.-:(·%~,.•/ ❖-~½, ~/./:,-. •,1-.J"
Human Resources wiU·.ta1<e prom.~-,.action to.:?:• {~Ji;/ ··"~.i:f':::t:~-.. ·-:~~~in:.;.~ ·.:_:1tr~~. ~:~r~~1~;;3? ~--J;;;f1/' .
• Det~l!hne wh:tifer additio~·~fonformation is needed from the complaining
«-;¥J4.~\@.~ty. <<:t~\tdt@WtJi~t. '?tik .
. di=?:;.,.:,::~W,lieJJ_.,ther'e)f5~fficient·i11(gr:g:i,afrq'.n, determine whether the complaint comes •❖•❖X•:❖,1/ •✓•-❖!❖/. '•';;-'"•,.·,❖• ·,❖-:~•·•,X;.,-;,.. ir:t]f" und-e•titl:iis Pollc'if and . %':\:?;:;:)
'·\(fr?:~. -~\f}:';},. ?ff)}-... . .,
·~:tb:.. o If it dp;~.?, invifaJjgate the complaint or assign it outside of Human ·,•,•· -~......... ·~·~-·-···· ~~i'_._..0 ·.::;_f(\.. Resourd~sJor investigation; or
··\t{h~. Wt
'61W.1f:.it does/ffqt, then inform the complainant why it does not and determine <~ •• ,.?, •. ;1,...;
'\f:Jf-'v'.iol~i~i; any other City, State or Federal policies or laws. ·-,~ <Jtr,/
• During the investigation, as needed, the investigator will meet with the
complainant, the respondent and all witnesses the investigator deems to have
relevant information and receive documents from the parties, witnesses and
anyone else relevant to the determination.
• The parties and the witnesses will be asked to sign an admonishment and
maintain the confidentiality of the information shared to the extent possible,
in order to maintain the integrity of the investigation.
• The investigator shall make findings regarding the alleged conduct to the
Human Resources Manager and the managers (s) of the parties.
8