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R-20-03VILLAGE OF DEERFIELD RESOLUTION NO. R-20-3 WHEREAS, the Village has adopted policies addressing and prohibiting discrimination and harassment (collectively, the `Policy') because the Village believes in providing a discrimination and harassment free workplace for the Village's employees; and WHEREAS, since the last revision of the Policy, the Illinois General Assembly adopted, and the Governor signed into law, Public Act 101-0221 (`Act'), which Act amends, in part, the State Officials and Employees Ethics Act to require each Illinois governmental unit to adopt a resolution amending its Policy to provide for a mechanism for reporting and independent review of allegations of sexual harassment made against an elected official of the governmental unit by another elected official of a governmental unit; and WHEREAS, the Village now desires to further update its Policy to clarify and insure that the Village complies with the requirements of the Act and to continue to prevent discrimination and harassment, including without limitation allegations of sexual harassment made against Village officials by other Village officials (collectively, the "Policy Amendments''); and WHEREAS, the Village further desires to incorporate the Act's annual training requirements concerning the prevention of discrimination and harassment into the Policy Manual to clarify the application of these training requirements to Village employees and officials; and WHEREAS, the Village further desires to include the Policy Amendments to the Policy within the next revision of the Village's Personnel Manual (`Personnel Manual') which establishes a framework for the conduct of business activities of Village employees and currently includes the Policy; and WHEREAS, the Village Board has determined that approving and adopting the Policy Amendments will serve and be in the best interest of the Village; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE BOARD OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows: SECTION ONE: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Resolution as findings of the Village Board. SECTION TWO: AMENDMENT TO POLICY. The Village's Sexual Harassment Policy is hereby amended as described in Exhibit A attached hereto and incorporated herein, which amendment shall have immediate effect upon the approval of this Resolution. SECTION THREE: DIRECTION TO AMEND PERSONNEL MANUAL. Village staff are hereby authorized and directed to include the Policy Amendments adopted pursuant to Section 2 of this Resolution in the next published version of the Personnel Manual. SECTION FOUR: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law. AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers NAYS None ABSTAIN: None ABSENT: None PASSED: January 21, 2020 APPROVED: January 22, 2020 RESOLUTION NO. R-20-3 11-7 `vim Harriet Rosenthal, Mayor ATTEST• )��' ��r Kent S. 9treet, Village blerk 10.1.0 ANTI —HARASSMENT POLICY The Village is concerned with fostering a work environment that is free of any form of discrimination or harassment. In keeping with this commitment, the Village will not tolerate harassment of any employee of the Village by anyone, including another employee, supervisor, elected or appointed official, vendor, client, customer or any other person within a Village -owned property. Harassment can be defined as any unwelcome behavior, whether verbal, physical, of a visual nature, or it is conduct using technology, that is based upon a person's protected status, including age, color, disability, ethnic or national origin, unfavorable discharge from the military, marital status, sexual orientation, race, religion, or sex. Improper interference with the ability of employees to perform their expected job duties, or that creates an intimidating, hostile or offensive working environment shall not be tolerated. Harassment also includes bullying. Every employee is responsible for creating an atmosphere free of discrimination and harassment, sexual or otherwise. All employees are expected to refrain from any act that could be described as discriminatory, harassing, inappropriate, or offensive, and to report any such conduct. All employees are subject to these rules and responsibilities. Employees should recognize that this anti -harassment policy is not intended to be used as a substitute for a grievance or workplace complaint of a general nature when the grievance or complaint is not based on that person's protected status. 10.1.1 SEXUAL HARASSMENT This policy forbids harassment based on gender, regardless of whether the offensive conduct is sexual in nature and also prohibits expressions of hostility or dislike or other inappropriate conduct based on gender. Any unwelcome or unwanted conduct based on gender is also forbidden by this policy, regardless of whether the individual engaged in harassment and the individual being harassed are of the. same or different genders. Sexual harassment includes any unwelcome or unwanted sexual advances, requests for sexual favors, or other conduct based on sex, gender or of a sexual nature that is verbal, physical, or visual in nature, or that is manifested through technology, when: • Submission to the conduct is an explicit or implicit term or condition of employment; • Submission to or rejection of the conduct is used as the basis for an employment decision affecting the individual; or • The conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment. This policy forbids harassment based on sex/gender regardless of whether it rises to the level of a legal violation. The Village of Deerfield considers the following conduct to represent some, but not all, of the types of acts that violate this policy: • Physical assaults of a sexual nature, including, but not limited to, rape, sexual battery, molestation, or intentional physical conduct which is sexual in nature, such as touching, pinching, patting, grabbing, etc; • Unwanted sexual advances, propositions or other sexual comments, including, but not limited to, sexually oriented gestures, noises, remarks, jokes, comments, or verbal abuse of a sexual nature; • Preferential treatment and promises of preferential treatment to an employee for submitting to sexual conduct; and • Sexual or discriminatory displays or publications anywhere in the Village work place by Village employees including, but not limited to, pictures, posters, calendars, graffiti, emails, objects, reading materials, or other materials that are sexually suggestive, demeaning, or pornographic. 10.1.2 REQUIRED TRAINING All employees must attend annual training concerning the prevention of discrimination and harassment including sexual harassment, in compUance with State law, 5 ILCS 430/5- 10.5, as may be amended from time to time. The Village's Human Resources department will provide em to ees with informatioli concerning available resources for completion of this required training. 10.2.0 REPORT AND INVESTIGATION OF COMPLAINTS OF HARASSMENT Any employee who believes he/she has been treated in an unlawful or discriminatory manner, based on protected status, should inform his or her supervisor, Department Head, Human Resources Coordinator or the Assistant Village Manager. The complaint shall be kept confidential to the maximum extent possible. If an employee is uncomfortable or sensitive about discussing a complaint with an individual of the opposite sex, the employee may report the conduct to any Department Head of the same sex. This policy does not require that the employee report the conduct to any individual who is engaging in the conduct. If the employee believes that any person to whom such a report should be directed is involved in or associated in any way with the alleged conduct, then the report should be directed to another Department Head not involved in the conduct. Any supervisor or manager who has knowledge of prohibited conduct, or to whom a complaint has been made, must promptly report the conduct both to the Department Head and to the Human Resources Coordinator or to another member of the senior administrative staff who is not involved in the conduct. All complaints or reports of prohibited conduct will be investigated promptly. The Village may put in place reasonable interim measures, such as a leave of absence or a transfer, while the investigation takes place. The Village will take further appropriate action once the complaint or report has been investigated. That action may be a conclusion that a violation occurred. The Village might also conclude, depending on the circumstances, either that no violation of the policy occurred or that the Village cannot conclude whether or not a violation occurred. If it is found that a violation of this policy has occurred, the Village will take corrective action, up to and including immediate termination, as is appropriate under the circumstances as determined in the Village's discretion, regardless of the job positions of the parties involved. The Village may discipline an employee for any inappropriate conduct, regardless of whether the conduct amounts to a violation of law or even a violation of policy. If the Village does not employ the person engaged in the conduct, then the Village will take whatever corrective action it deems reasonable and appropriate under the circumstances. Through this glicy_. the Village_ seeks to establish prompt_ thorough and effective procedures for responding to report d incidents_ at problems can be identified and remedied by the Village. Employees who believe they are victims or witnesses to unlawful discrimination or harassment have the right to seek resolution outside the Village by contacting the Illinois Department of Human Rights (IDHR) or the EauaLEmp—loyment ortunity Commission CEEOC]. 2 APPLICATION TO ELECTED AND APPOINTED IALS The anti -harassment policy in Section 10.1.0, sexual harassment policy in Section 10.1.1 and training requirements in Section 10.1.2 expressly apply to elected and appointed officials of the Village. Further, the policies and procedures in Section 10.2.0 provide a mechanism for_ren_orting and independent review of allezatiolis of conduct inQQnsist jA _ with this policy made against an elected or appointed official of the Village by another elected or appointed official of the Village. including withouf limitation allegations of sexual harassment.. Any such allegations may be reported to the Village Manager_ Assistant Village Manager. or Human Resources pursuant to this Section and h�lage will respond as described in Section 10.2.0. 10.3.0 EILRECIS Officers and employees of the Village have the obligation to maintain a consistently high standard of conduct in serving the public and in their relationships with their other officers and employees. Due to the nature and importance of the Village's activities, courtesy, honesty, and integrity are characteristics required of all Village officers and employees. With this in mind, the following must be understood and abided by: All services in the Village shall be performed in an impartial manner, free of personal and political considerations. Courteous and cooperative behavior between individuals and Departments is essential in order to effectively deliver Village services. Employees shall assume the responsibility to preserve and protect Village property. Subject to disclosure of the Freedom of Information Act and internal management requirements of the Village, all personal information will remain confidential.