HomeMy WebLinkAboutResolutions - No. 94-91RESOLUTION NO. 94-91
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A RESOLUTION OF THE LODI CITY COUNCIL
APPROVING THE DISCRIMINATION POLICY AND
THE DISCRIMINATION COMPLAINTS PROCEDURE
WHEREAS, Federal and State law regarding discrimination in the
workplace has increased since the adoption of the City's Affirmative
Action Policy in 1975; and
WHEREAS, such laws include the Fair Housing and Employment Act of
1977, the American's With Disabilities Act of 1990, the Civil Rights
Act of 1991, and the Family Medical leave Act of 1993; and
WHEREAS, these laws have added various forms of discrimination
including discrimination based upon sex, disability, and the serious
health condition of an employee and his/her parent, child or spouse; and
WHEREAS, it is in the best interests of the City and its
employees to have in place an active policy and procedures for
enforcing said policy which will resolve discrimination issues in a
timely and productive manner; and
WHEREAS, the policy establishes a pro -active City position of
no -tolerance of discrimination in the workforce, defines discrimination
and provides a description of actions to be considered as
discriminatory. The procedure establishes a method for investigating
and resolving complaints of discrimination.
NOW, THEREFORE, BE IT RESOLVED, the Lodi City Council hereby
approves the Discrimination Policy and Discrimination Complaints
Procedure attached hereto marked Exhibit A.
Dated: August 3, 1994
I hereby certify that Resolution No. 94-91 was passed and adopted
by the Lodi City Council in a regular meeting held August 3, 1994 by
the following vote:
Ayes: Council Members - Davenport, Mann, Pennino, Snider
and Sieglock (Mayor)
Noes: Council Members - None
Absent: Council Members - None
Qj�ifer Perrin
City Cler
94-91
SUBJECT:
CITY OF LODI
ADMINISTRATIVE POLICY AND PROCEDURE MANUAL
DISCRIMINATION - Policy
DATE ISSUED: (August 3, 1994)
SECTION:
117
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REFERENCE: Title VII Civil Rights Act of 1964 as amended;
Age Discrimination in Employment Act of 1967;
Rehabilitation Act of 1973; Americans With
Disabilities Act of 1990; Civil Rights Act of 1991;
California Government Code; California Fair
Employment and Housing Act; California Labor
Code, Section 1102.1.
SECTION 1: PURPOSE
The City of Lodi is committed to providing a work
environment free from all forms of discrimination including harassment. The City of Lodi
will not discriminate against any applicant or employee on the basis of race, creed, color,
political affiliation or beliefs, sex, sexual orientation, age, disability, religion, marital status,
medical condition, or national origin.
This policy applies to all terms and conditions of
employment including, but not limited to, hiring, placement, promotion, disciplinary action,
layoff, recall, transfer, leave of absence, compensation, training, and separation or
termination.
The purpose of this policy is to define discrimination, and
provide a description of actions considered to be discriminatory.
SECTION 2: DEFINITIONS
A. Discrimination: The denial or exclusion of an
individual, by reason of any of the bases listed in Section 1 of this policy, from participation in
the employment, benefits of services, programs, or activities of the City of Lodi.
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B. Harassment is a form of discrimination and
includes any actions towards an individual or a group of persons on any of the bases listed in
Section 1 of this policy above when such conduct is unwelcome and has the potential to affect
an employee's work performance negatively and/or create an intimidating, hostile, or
otherwise offensive work environment. Examples of harassment include, but are not limited to
the following:
(1) Verbal: Derogatory comments; ethnic or racial
slurs and jokes; innuendoes; or inappropriate comments on appearance including dress or
physical features or race oriented stories.
(2) Written: Negative or derogatory letters, notes,
epitaphs, poems, literature, posters, notices, bulletins, or cartoons.
(3) Physical: Assault, impeding or blocking
movement, touching, derogatory hand gestures or signs, leering, or any physical interference
with normal work or movement.
(4) Other forms of harassment include threats of
reprisal; implying or actually withholding support for appointments, promotions, or transfers;
rejection while on probation; punitive actions; change of assignments; or preparing a poor
performance report on the basis of one of the factors mentioned above.
SECTION 3: ENFORCEMENT
Discrimination in any form, will not be tolerated by the
City. Such conduct by a City employee or tolerance of harassment by a supervisor will not be
permitted, and disciplinary action up to and including termination will be taken against an
employee engaging in unlawful discrimination and harassment. In addition, the City of Lodi
shall endeavor to protect applicants and employees, to the greatest extent possible, from
harassment by non -employees in the workplace.
Employees shall have the right to file complaints without
the fear of reprisal or recrimination. Employees engaging in acts of reprisal or recrimination
resulting from a complaint of discrimination shall be subject to disciplinary action up to and
including termination.
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SUBJECT:
CITY OF LODI
ADMINISTRATIVE POLICY AND PROCEDURE MANUAL
DISCRIMINATION COMPLAINTS - Procedure
DATE ISSUED: (August 3, 1994)
SECTION:
!67
REFERENCE: Civil Rights Act of 1964; Age
Discrimination in Employment Act of
1967; Rehabilitation Act of 1973;
Americans With Disabilities Act of
1990; Civil Rights Act of 1991;
California Government Code;
California Fair Employment and
Housing Act.
SECTION 1: PURPOSE
The purpose of this procedure is to identify the means by
which the City of Lodi implements its policy on Discrimination, and to establish a procedure
for investigating and resolving complaints of alleged discrimination.
SECTION 2: POLICY IMPLEMENTATION
Each department head is responsible for ensuring that the
work environment in his or her department is free from discrimination and harassment by:
A. Having division heads and supervisors discuss the
City policy and complaint resolution procedure with all employees under his or her direction.
B. Requiring division heads and supervisors to convey
to their employees their strong disapproval of discrimination and harassment, to monitor the
work environment of their employees, to cooperate in the investigation and resolution of
related complaints, and to ensure that employees involved in complaints of discrimination or
harassment are not subjected to retaliation.
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A non-employee (such as a contractor, vendor, etc.) who
subjects an employee to discrimination and harassment in the workplace shall be informed of
the discrimination and harassment policy by the employee's supervisor, division head, or
department head and appropriate actions such as contacting the supervisor of the offending
person shall be taken to ensure that discrimination and harassment is stopped as soon as
possible. Failure or refusal of contractors or vendors to take appropriate steps to deal with a
complaint involving one or more of their employees may result in sanctions such as the
cancellation of agreements or denial of the privilege of doing business with the City of Lodi.
In instances where members of the general public harass
City employees, the affected employee should promptly notify the person that such conduct is
inappropriate, offensive, and unwelcome. If such conduct persists, the employee should
contact his or her supervisor, who shall be responsible to take appropriate action.
SECTION 2: COMPLAINT RESOLUTION
A. Informal Procedure: In.order to assure that further
incidents do not occur, employees who believe that they have been subjected to discrimination
and harassment should promptly inform the person that such conduct is inappropriate,
offensive, and unwelcome. If an issue cannot be immediately resolved, the employee should
promptly refer the matter to his or her supervisor, department head, and/or the Personnel
Director (or designee), who shall be responsible to investigate and resolve the alleged
incident(s).
B. Formal Procedure: In the event that informal
resolution does not result in a satisfactory conclusion, the employee may pursue formal
resolution by providing a written and signed statement of the complaint or submitting the
appropriate complaint form availble from the Personnel Department to the Personnel Director.
This statement shall include the dates, times, and places of incident(s), a description of the
circumstances, and the names of the persons involved and witnesses present. Employees shall
have the right to file such complaints without the fear of reprisal or recrimination. Employees
engaging in acts of reprisal or recrimination resulting from a complaint of discrimination or
harassment shall be subject to disciplinary action up to and including termination. The
Personnel Director shall investigate this complaint in a prompt and impartial manner by taking
the following steps:
(1) Reviewing the written complaint;
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(2) Conduct a thorough, impartial and confidential
investigation by interviewing all parties involved or witnesses thereof;
(3) Reviewing any pertinent documents or records;
(4) Preparing a written report regarding the findings
and conclusions reached, which shall be furnished to the complainant, the alleged harasser,
and the City Manager; and
(5) Recommending to the City Manager disciplinary
action up to and including termination as may be appropriate, in the event that it is determined
that discrimination or harassment has occurred.
The severity of the disciplinary action shall be determined
by the severity and/or frequency of the offense(s). The complainant shall be notified of the
action(s) to be taken. If the complainant is not satisfied with the decision, he/she may file an
appeal to the City.
SECTION 3: CONFIDENTIALITY
To the extent feasible, proceedings under this policy and
all reports and records filed shall be confidential to the parties involved, and reasonable efforts
shall be made to protect the privacy interests of the parties concerned.
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