Chapter 3.70
PROHIBITION OF DISCRIMINATION AND HARASSMENT POLICY
Sections:
3.70.010 Zero tolerance for discrimination or harassment.
3.70.020 Discrimination and harassment defined.
3.70.030 Examples of sexual harassment.
3.70.040 Internal complaint procedure.
3.70.050 Internal investigation and resolution.
* Prior legislation: Res. 10-13.
3.70.010 Zero tolerance for discrimination or harassment.
The district strictly prohibits and has “zero tolerance” for discrimination and harassment in any phase of the employment, including but not limited to recruitment, testing, hiring, upgrading, promotion/demotion, transfer, layoff, termination, rates of pay, benefits, and selection for training. This includes discrimination and harassment on the basis of sex, sexual orientation, gender identity, gender expression, race, color, ancestry, religious creed, handicap or disability, medical condition, age (over 40), marital status, or any other protected class under applicable law. The district’s formal sexual harassment policy can be found in this chapter. [Res. 12-18 Att. A].
3.70.020 Discrimination and harassment defined.
Discrimination and harassment may consist of offensive verbal, physical, or visual conduct when such conduct is based on or related to an individual’s sex and/or membership in one of the above-described protected classifications, and:
A. Submission to the offensive conduct is an explicit or implicit term or condition of employment;
B. Submission to or rejection of the offensive conduct forms the basis for an employment decision affecting the employee; or
C. The offensive conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creates an intimidating, hostile, or offensive working environment. [Res. 12-18 Att. A].
3.70.030 Examples of sexual harassment.
For the purpose of clarification, examples of what may constitute prohibited sexual harassment include, but are not limited to, the following:
A. Making unsolicited sexual advances, written, verbal, physical, and/or visual contact with sexual overtones. (Written examples: suggestive or obscene letters, notes, invitations. Verbal examples: derogatory comments, slurs, jokes, epithets. Physical examples: touching, assault, blocking or impeding access, leering gestures, display of sexually suggestive objects or pictures, cartoons or posters.)
B. Continuing to express sexual interest after being informed that the interest is unwelcome. (Reciprocal attraction is not considered sexual harassment.)
C. Making reprisals, threats of reprisal, or implied threats of reprisal following a negative response. (For example, either implying or actually withholding support for an appointment, promotion, or change of assignment; suggesting a poor performance report will be prepared; or suggesting probation will be failed.)
D. Engaging in implicit or explicit coercive sexual behavior which is used to control, influence, or affect the career, salary, and/or work environment of another employee.
E. Offering favors or employment benefits, such as promotions, favorable performance evaluations, favorable assigned duties or shifts, recommendations, reclassifications, etc., in exchange for sexual favors. (Similar conduct when applied to other protected classes such as race, color, creed, national origin, age, disability, medical condition, religion, sexual orientation, gender identity, gender expression, or marital status may constitute harassment and violation of this policy. For example, racial jokes or degrading comments about age or ethnic background can constitute harassment under this policy.) Accordingly, in order to avoid the risk of discipline, such acts should be avoided in all circumstances. [Res. 12-18 Att. A].
3.70.040 Internal complaint procedure.
Any applicant or employee who believes that he or she has been the victim of sexual or other prohibited discrimination or harassment by co-workers, supervisors, clients or customers, visitors, vendors, board members or others must immediately notify the district. An employee should report harassment in writing to his or her immediate supervisor, unless the supervisor is the subject of the complaint or biased for any reason, in which case the employee should report the harassment to human resources. If human resources is the subject of the complaint or biased for any reason, the employee should report the harassment directly to the general manager. If for any reason the employee does not feel the issue has been addressed, the employee should submit a grievance regarding the issue pursuant to the district’s grievance policy at HDWDC 3.75.060. [Res. 12-18 Att. A].
3.70.050 Internal investigation and resolution.
Following receipt of a harassment complaint, the human resources manager shall begin an immediate and thorough investigation to determine if sexual or other harassment has occurred. The investigation shall be conducted in an impartial manner and all information shall be maintained confidential to the extent possible. After full consideration of all relevant facts and circumstances involving the inquiry, a timely decision will be made by the district and appropriate disciplinary action will be taken, up to and including termination for any employee who has violated the anti-discrimination policies. If the harasser is a customer or vendor, the district will take reasonable steps necessary to eliminate any form of unlawful harassment. [Res. 12-18 Att. A].
3.70.060 Retaliation.
Retaliation against anyone for opposing conduct prohibited by the district’s discrimination/harassment policies or for filing a complaint with or otherwise participating in an investigation, proceeding, or hearing conducted by the district or any authorized governmental agency is strictly prohibited and may subject the offending person to, among other things, disciplinary action, up to and including termination of employment. [Res. 12-18 Att. A].
3.70.070 External reporting.
In addition to the district’s internal complaint procedure, an employee may file a complaint with the California Department of Fair Employment and Housing (“DFEH”) at its local office (the number is listed in the phone book). Under California law, the Fair Employment and Housing Commission (“FEHC”) may order an employer to hire or rehire a victim of sexual harassment with back pay, and to provide the victim with monetary damages. The FEHC may also provide affirmative or prospective relief to prevent the recurrence of unlawful practices, including awards for back pay, reimbursement of out of pocket expenses, cease and desist orders, posting of notices, and other similar relief. [Res. 12-18 Att. A].