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PROHIBITING SEXUAL HARASSMENT
It is the policy of the City of Bloomington that sexual harassment in the workplace is forbidden. Sexual
harassment can increase hostilities, can create an offensive working environment and decrease productivity. It
adversely affects working relationships between City employees and can increase costs to the City and its
taxpayers.
Sexual harassment for the purposes of this policy is defined as unwelcome sexual advances, requests for sexual
favors, and other verbal or physical conduct of a sexual nature where:
1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s
employment or contractual relationship with the City;
2. Submission to or rejection of such conduct or communication by an individual is used as a factor in
decisions affecting that individual’s employment or contractual relationship with the City;
3. Such conduct or communication has the purpose or effect of substantially interfering with an individual’s
work performance, or creating an intimidating, hostile or offensive working environment; and, in the case
of employment, the employer knows or should have known of the existence of the harassment and fails to
take timely and appropriate action.
Sexual harassment does not depend on the gender of the parties and can be perpetrated by an individual of the
same sex or by an individual of the same sexual orientation. A pattern of sexually harassing conduct may
include the use of unwelcome suggestive sexual comments, jokes or innuendo; persistent unwanted flirtation
or invitations for dates; unwelcome sexual advances; unwelcome sexual remarks or inquiries about a person’s
body, clothing or sexual activities; unwelcome patting, pinching, or other offensive touching; or displays of
offensive, sexually suggestive pictures or objects.
Sexual harassment is unacceptable and will not be tolerated or condoned in day to day employment,
employment recruiting, testing, hiring, transfer, promotion, discipline, termination or any other area of
employment. All City employees, including managers, supervisors and co-workers are prohibited from
engaging in or condoning any form of sexual harassment during the course of their employment with the City.
Sexual harassment will not be tolerated or condoned by independent contractors, vendors, suppliers, lessees,
volunteers, including commissioners, board members and City Council members, clients, patients or registrants
for City programs or services while acting in the course and scope of their employment or volunteer activities
for the City, their duties pursuant to any contract with the City, their role as commissioners, board members or
City Council members, or their receipt of City services or their participation in City programs.
Reporting: Supervisors that have knowledge of prohibited sexual harassment activity must report that activity
to a Department Head, the Human Resources Director or the City Manager. Other persons with knowledge
of prohibited sexual harassment activity are encouraged to report that activity to a Department Head, the
Human Resources Director or the City Manager. Every effort will be made to protect the privacy and job
security of persons sharing their concerns in good faith. Retaliation against any employee, or former employee
who complains about sexual harassment will not be tolerated and may result in disciplinary action against the
retaliator. City staff will be directed to investigate immediately or take other steps to avert or diminish any harm
that might be caused by sexual harassment. The complaint process is intended to be sufficiently flexible to be
adapted to the circumstances of the particular case. It is designed to protect the rights of both complainant
and respondent and to prevent retaliation. The complaint process will respect, in so far as possible, the private
and sensitive nature of the information involved. However, it is not
a confidential process and the
confidentiality of a complaint or concern raised under this policy cannot be assured. Management is responsible
for preventing and correcting sexual harassment in a manner that ensures the protection of the rights of all
employees.
Determination of sexual harassment will be made on a case-by-case basis, depending on the circumstances,
including the nature of the alleged sexual advances, the context in which they occurred and any other facts
deemed relevant. Violations of this policy are subject to disciplinary action in accordance with the City’s
disciplinary procedures and termination of the violator’s relationship with the City.
Mark E. Bernhardson, City Manager