Administrative Policy #3.10 - Harassment-Free Workplace
Purpose
The City of Corvallis is committed to a work environment in which all employees are treated with dignity and respect. Each employee, volunteer, and intern has the right to work in a professional atmosphere that promotes equal employment opportunities and prohibits discriminatory practices, including harassment. Therefore, the City of Corvallis expects that all relationships among employees at the City will be professional and free of discrimination or harassment of any kind.
Policy
This policy applies to all City of Corvallis employees, volunteers, interns, elected officials, contractors, vendors, and customers.
The City of Corvallis is committed to providing employees, volunteers, and interns a work environment free of discrimination or harassment. Discrimination or harassment in the workplace, or in a work-related situation, on the basis of sex, sexual orientation, gender identity or expression, race, color, ethnicity, national origin, citizenship status, religion, religious observance, age, source or level of income, political affiliation, physical or mental disability, medical condition, pregnancy, veteran or military status, marital status, union participation, injured worker status, non-supervisory family relationships, association with members of a protected class, or any other protected class or type of harassment or discrimination prohibited by law or policy is prohibited conduct and will not be tolerated by the City. Additionally, the City of Corvallis provides a work environment free from sexual harassment and sexual assault.
Harassment is prohibited whether committed by City of Corvallis employees (including casual/temporary) or by non-employees (including volunteers, interns, elected officials, contractors, vendors, and customers). The employees and non-employees must conduct themselves in a business-like and professional manner at all times and not engage in any form of discrimination, workplace harassment, sexual assault, or sexual harassment.
Types of Harassment
Discrimination: Making employment decisions related to hiring, firing, transferring, promoting, demoting, benefits, compensation, and other terms and conditions of employment based upon or because of an employee's protected-class status.
Workplace Harassment: Any form of offensive treatment or behavior, which, to a reasonable person, creates an intimidating, hostile, or abusive work environment. Workplace harassment may include hostile, intimidating, threatening, humiliating, or violent behavior which is motivated wholly or in part by a person's protected class.
Examples of workplace harassment include, but are not limited to, slurs or jokes about a class of persons; derogatory remarks about a person's national origin, race, language, or accent or obscenities directed toward another employee, customer, contractor, or visitor in the workplace. Disparaging or disrespectful comments, loud and/or angry outbursts related to membership in a protected class, or any like disrespectful behavior related to membership in a protected class also constitute a violation of this Policy.
Sexual Harassment: Sexual harassment is unwelcome, unwanted, or offensive sexual advances; requests for sexual favors; and other verbal or physical conduct of a sexual nature when submission to such conduct is made either explicitly or implicitly a term or condition of the individual's employment or is used as a basis for any employment decision (granting leave requests, promotion, favorable performance appraisal, etc.); or such conduct is unwelcome, unwanted, or offensive and has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.
Examples of sexual harassment include, but are not limited to, unwelcome, unwanted, or offensive touching or physical contact of a sexual nature, such as closeness, impeding or blocking movement, assaulting, or pinching; gestures; innuendoes; teasing, jokes, and other sexual talk; intimate inquiries; persistent, unwanted courting; sexist put-downs or insults; epithets; and slurs or derogatory comments.
Responsibilities
Managers and supervisors are held to a higher standard and are expected to take a proactive stance to ensure the integrity of the work environment. Managers and supervisors must exercise reasonable care to prevent and promptly address any discrimination, workplace harassment, or sexual harassment they know about.
Any member of management that receives a complaint will contact Human Resources as soon as possible, but no later than two working days after receiving the complaint. Even if the person making the complaint requests that it be kept confidential, it is the responsibility of the management staff member to notify Human Resources within two working days.
Human Resources is responsible for conducting, coordinating, and/or delegating investigations and for maintaining records of workplace harassment.
Employees must not engage in discrimination, harassment, or retaliation and are strongly encouraged to report any discriminatory, harassing, or retaliatory conduct.
An employee who experiences or witnesses harassment is encouraged, but not required, to tell the harasser that the behavior is offensive and unwanted, and that they want it to stop. Nothing prevents you from filing a complaint because you did not tell the offender that their behavior is unwelcome or did not ask the offender to stop. Employee should document any incidents of workplace harassment.
Promptly file a complaint using the procedure below if you are subject to discrimination, harassment, or retaliatory conduct prohibited by this Policy.
Reporting
Anyone who is subject to or aware of what they believe is discrimination, workplace harassment, sexual assault, or sexual harassment has the right to and may voluntarily report that behavior to the employee's immediate supervisor, the employee's Department Director, or directly to Human Resources. Employees are encouraged to report their complaints in writing (email is an acceptable format).
Employees who have been subjected to harassment, sexual assault, or discrimination are encouraged to use the City of Corvallis complaint-reporting procedure, described in this policy, to ensure a timely, thorough investigation and handling of the situation. Employees may, however, seek redress from the Oregon Bureau of Labor and Industries (BOLI) pursuant to ORS 659A.820 to 659A.865, or in a court under any other available law, whether criminal or civil. Although the City of Corvallis cannot provide employees with legal advice, employees should be aware of the statute of limitations applicable to harassment or discrimination claims under ORS 659A.030, 659A.082 or 659A.121 (five years). Further, before an employee can take any legal action against the City of Corvallis, the employee must provide written notice of the claim within 180 days of the act or omission the employee claims has caused them harm. When an employee can prove harm as a result of unlawful harassment or discrimination in an administrative proceeding or in a court, remedies available to the employee include enforcement of a right, imposition of a penalty, or issuance of an order to the employee’s employer (in limited circumstances).
Resources
The City of Corvallis provides an Employee Assistance Program (EAP) through Cascade Centers. For access to confidential help 24 hours a day, seven days a week, call toll-free: 1-800-433-2320, or go online to www.cascadecenters.com. The EAP program provides confidential counseling services and educational tools such as resources relating to eldercare, childcare, legal consultation, financial coaching, and identity theft.
The City of Corvallis cannot provide legal resources to its employees or referrals to specific attorneys. Employees may contact the Oregon State Bar for more information: https://www.osbar.org/public/.
Retaliation
Retaliation against anyone for bringing a complaint or participating in an investigation is strictly prohibited. Employees have the right to be protected from retaliation. Under no circumstances will an employee be disciplined, demoted, or otherwise retaliated against for reporting, disclosing, or bringing a complaint of harassment to the attention of the City; appearing as a witness; or serving as an investigator. Any employee who retaliates or threatens to retaliate against another employee for reporting harassment will be subject to disciplinary action, up to and including termination.
Rights
Nothing in this policy is intended to diminish or discourage an employee who has experienced workplace harassment or discrimination, or sexual assault, from talking about or disclosing their experience.
If an employee who has been aggrieved by workplace harassment, discrimination, or sexual assault wants to enter into a settlement, separation, or severance agreement with the City of Corvallis regarding their experience and/or employment status, the employee should contact Human Resources or the City Manager. The employee’s request to enter into such an agreement must be in writing (email is an acceptable format). If the City of Corvallis and employee reach an agreement, the employee will have seven days to revoke the agreement after signing it. The City of Corvallis may not require an employee to enter into a nondisclosure agreement (which would prohibit the employee from discussing or communicating about their experiences in the workplace or the terms of the agreement) or a non-disparagement agreement (which would prohibit the employee from speaking slightingly about the City of Corvallis or making comments that would lower the City of Corvallis in rank or reputation).
The City of Corvallis is committed to creating and maintaining a workplace free of sexual assault, harassment, discrimination, and retaliation and it has confidence in the process it has developed for addressing good-faith complaints. However, Oregon law requires the City of Corvallis to inform employees that if they have been aggrieved by workplace harassment, discrimination, or sexual assault and want to enter into an agreement with the City of Corvallis regarding their experiences and/or employment status, the employee should contact Human Resources. The employee’s request to enter into such an agreement must be in writing (email is an acceptable format). Requests of this nature will be considered on a case-by-case basis; such agreements are not appropriate for every situation. If the City of Corvallis and employee do reach an agreement, the City of Corvallis will comply with Oregon law applicable to such agreements. For instance, the City of Corvallis will not require an employee to enter into a nondisclosure agreement (which would prohibit the employee from discussing or communicating about their experiences in the workplace or the terms of the agreement) or a non-disparagement agreement (which would prohibit the employee from speaking slightingly about the City of Corvallis or making comments that would lower the City of Corvallis in rank or reputation). If, however, the employee initiates the request for the agreement, nondisclosure and non-disparagement are terms that may be agreed upon between the employee and the City of Corvallis. The employee will have seven days to revoke the agreement after signing it.
Procedures
The following complaint procedure will be followed in order to address a complaint regarding Discrimination, Workplace Harassment, or Sexual Harassment.
Complaint
A person who feels harassed, discriminated against, or retaliated against may initiate the complaint process by notifying their immediate supervisor, Department Director, or Human Resources.
a. A complaint may be made verbally or in writing using the City of Corvallis Complaint of Harassment Form.
b. A complaint should be filed promptly.
c. A copy of this policy shall be provided to the employee at the time of disclosure or complaint.
d. A verbal or written complaint should contain the following:
- The name of the person filing the report;
- The name of the complainant;
- The names of all parties involved, including witnesses;
- A specific and detailed description of the conduct or action that the employee believes is discriminatory or harassing;
- The date or time period in which the alleged conduct occurred; and
- A description of the remedy the employee desires.
Investigation
Human Resources will coordinate and conduct or delegate responsibility for coordinating and conducting an investigation. Confidentiality will be maintained to the greatest degree the law allows.
a. All complaints will be taken seriously, and an investigation will be initiated as quickly as possible.
b. Human Resources may need to take steps to ensure employees are protected from further potential discrimination or harassment.
c. Complaints will be dealt with in a discreet and confidential manner, to the extent possible.
d. All parties, including witnesses, are expected to cooperate with the investigation and to do so honestly. To preserve the integrity of the investigation, you may be asked, on a case-by-case basis, to keep information regarding the investigation confidential.
e. If any represented employee has a reasonable expectation that the investigation may result in disciplinary action, they may request to have representation.
f. Human Resources will notify the complainant and the respondent when the investigation is concluded.
g. Immediate and appropriate action will be taken if a complaint is substantiated.
h. Human Resources will inform the complainant if any part of a complaint is substantiated and that action has been taken. The complainant will not be given the specifics of the action.
i. The complainant and the respondent will be notified by Human Resources if a complaint is not substantiated.
Penalties
Conduct in violation of this Policy will not be tolerated.
a. Employees engaging in conduct in violation of this Policy may be subject to disciplinary action, up to and including termination.
b. City casual/temporary employees and volunteers who engage in conduct in violation of this Policy may be subject to termination of their working or volunteer relationship with the City.
c. Managers and supervisors who know or should know of conduct in violation of this Policy and who fail to report such behavior or fail to take prompt, appropriate action may be subject to disciplinary action, up to and including termination.
d. An employee who engages in harassment of other employees while away from the workplace and outside of working hours may be subject to the provisions of this Policy if that conduct has a negative impact on the work environment and/or working relationships.
e. If a complaint involves the conduct of a contracted employee or a contractor, Human Resources must inform the contractor of the problem behavior and require prompt, appropriate action.
Retaliation
This Policy strictly prohibits retaliation against employees who file a complaint; participate in an investigation; or report observing discrimination, workplace harassment, or sexual harassment.
a. Employees who believe they have been retaliated against because they filed a complaint; participated in an investigation; or reported observing discrimination, workplace harassment, or sexual harassment should report this behavior to the employee's supervisor, the Department Director, or Human Resources.
b. Complaints of retaliation will be investigated promptly.
c. Employees who violate this Policy by retaliating against others may be subject to disciplinary action, up to and including termination.
City casual/temporary employees and volunteers who retaliate against others may be subject to termination of their working or volunteer relationship with the agency, board, or commission.
Definitions
Nondisclosure Agreement: a contract through which an employee and the City agree not to prohibit the employee from discussing or communicating about their experiences in the workplace or the terms of the agreement.
Non-disparagement Agreement: a contract which states that a person in their role of an employee will not make negative comments about the City, its services, or leaders in any form of communication.
Review/Update
The Human Resources Director will update this Administrative Policy as needed and submit to City Manager for review and approval.
Last reviewed: 06-2023
