EO 1-50 Workplace Discrimination and Harassment

AUTHORITY 1.1 Article VI, Section 7a

City Charter of the City of Houston.

EMPLOYEE AND SUPERVISORY OBLIGATIONS 9.1 All employees

Employees who are subjected to conduct in violation of this policy are encouraged to report the conduct at the earliest possible stage, before the conduct becomes severe or pervasive, so that the City can take appropriate action to remedy the offensive conduct. A delay in reporting may impair the City's ability to investigate or to take corrective action.

Retaliation These rights include filing a complaint under this policy, filing a complaint with an external government agency such as the

Equal Employment Opportunity Commission (EEOC), assisting another employee in the filing of a complaint, providing information during an investigation or testifying in a proceeding concerning a violation of this policy or the law, or otherwise opposing conduct prohibited by this policy.

EMPLOYEE AND SUPERVISORY OBLIGATIONS 9.3 All department directors - Directors shall implement this policy by:

1 Rigorously enforcing the standards imposed by this policy; 2 Developing and disseminating appropriate departmental procedures that communicate to employees that violations of this policy will not be tolerated and will result in corrective action, up to and including termination or indefinite suspension; 3 Taking appropriate action to ensure that complaints are promptly and fairly investigated; 4 Imposing corrective action, up to and including termination or indefinite suspension, when violations of this policy are confirmed; and 5 Ensuring that employees receive periodic training regarding this policy.

EMPLOYEE AND SUPERVISORY OBLIGATIONS 9.2 All supervisors

Any supervisor or manager who receives a complaint of workplace or sexual harassment or other prohibited conduct or who observes prohibited conduct in his or her department shall take prompt and appropriate action reasonably necessary to ensure compliance with this policy.

PURPOSES

To define workplace discrimination and harassment and other prohibited conduct; To provide a fair and non-discriminatory work environment for all employees; and To address reporting and investigation of workplace discrimination and harassment.

EMPLOYEE AND SUPERVISORY OBLIGATIONS 9.1 All employees Employees may report prohibited conduct to the

Office of Inspector General (OIG), or the Designated Departmental Representatives (DDRs) assigned to their department. Employees may report sexual harassment also to the City of Houston's Sexual Harassment Hotline (832-393-7200).

POLICY 5.1 The City of Houston is committed to providing

a work environment that is free from discrimination and harassment. Discrimination and harassment based upon a protected characteristic, as defined herein, will not be tolerated.

SCOPE 4.1 This policy governs employee conduct in

all City workplaces and vehicles, during business travel, and in any other location where City business is conducted, regardless of whether the property is owned or leased by the City, or whether interacting with City employees or non-employees.

SCOPE 4.2 This policy applies to

all employees regardless of civil service status, classification, pay grade, length of employment, or full-time or part-time status.

EXAMPLES OF PROHIBITED HARASSMENT 7.1 Workplace and sexual harassment, regardless of whether the conduct occurs in person or by electronic communication, includes but is not limited to: 7.1.1 Offensive and unwelcome name-calling, jokes, slurs, negative stereotyping, threats, staring, giving inappropriate gifts, physical contact such as

assault or unwanted touching, visual images, such as derogatory or offensive pictures, cartoons, drawings, posters, screen savers, or gestures, whether in hard copy or electronic form.

7.1.13 Impeding access by any employee or member of the public to a

city restroom facility that is consistent with and appropriate to that person's expression of gender identity.

EXAMPLES OF PROHIBITED HARASSMENT 7.1.12 Use of electronic equipment, including

computer networks, cell phones, and copy machines, to transmit or display objectively offensive material.

EXAMPLES OF PROHIBITED HARASSMENT 7.1.2 Insults

critical or mocking comments or remarks, names, epithets, statements about physical characteristics or dress, and symbols or stories that are lewd, menacing, demeaning, derogatory, or objectively offensive.

POLICY 5.2 It is the policy of the City of Houston that no employee shall

discriminate against or harass individuals with the protected characteristics defined in Section 6, and no employee shall create an intimidating, disruptive, hostile or offensive work environment by such prohibited conduct. No employee will be adversely affected for bringing complaints of workplace discrimination or harassment

OBJECTIVE 3.1 To provide a workplace free from

discrimination, harassment, and retaliation for reporting discrimination or harassment.

SCOPE 4.3 This policy applies to employee conduct regardless of whether it occurs

during working hours, during a lunch break, or during an off-duty, work-related social or recreational activity.

EXAMPLES OF PROHIBITED HARASSMENT 7.1.9 Threatening,

either directly or indirectly, to retaliate against an employee who refuses to comply with or submit to a request of a sexual nature.

EXAMPLES OF PROHIBITED HARASSMENT 7.1.4 Submission to unwelcome conduct that is made

either explicitly or implicitly a term or condition of an individual's employment.

Retaliation against employees who engage in protected conduct or who assist others in complaints of discrimination or harassment in violation of this policy is

expressly prohibited

Discrimination

includes, but is not limited to, decisions regarding employment that adversely affect an employee's pay, status, position, or assignment, including opportunities for overtime pay and advancement, and includes decisions regarding recruitment, appointment, compensation, promotion, discipline, demotion, transfers, layoff, recall, termination, and training opportunities.

Sexual harassment

includes, but is not limited to, unwelcome sexual advances, unwelcome requests for sexual favors, unwelcome verbal comments of a sexual nature, unwelcome physical contact or touching, or unwelcome displays or distribution of sexually-oriented material. Is prohibited regardless of whether the parties are the same sex or the opposite sex or whether one or more parties are transgendered.

EXAMPLES OF PROHIBITED HARASSMENT 7.1.10 Unwelcome physical contact,

including touching, grabbing, pinching, or massaging.

EXAMPLES OF PROHIBITED HARASSMENT 7.1.6 Unwelcome conduct that has the purpose or effect of interfering with an

individual's work performance or creates an intimidating, hostile, or offensive work environment.

COMPLAINT PROCESS 10.1 When an employee believes that he or she has been subjected to conduct prohibited by this policy, the individual is encouraged to

inform the alleged offender that the conduct in question is unwelcome or offensive. If this approach is unsuccessful or not feasible, the individual may pursue informal means of resolution.

8.1 Retaliation

is conduct or decisions that a reasonable employee would view as materially adverse and whose purpose or effect is to discourage employees from exercising their rights under this policy or under the law.

EXAMPLES OF PROHIBITED HARASSMENT 7.1.3 Perpetuating or

promoting stereotypes.

EXAMPLES OF PROHIBITED HARASSMENT 7.1.8 Making an adverse employment decision against an employee who

refuses to comply with a request of a sexual nature or making favorable employment decisions because of compliance with requests of a sexual nature.

EXAMPLES OF PROHIBITED HARASSMENT 7.1.11 Inappropriate display or distribution of materials that

ridicule or insult any person on the basis of a protected characteristic, including video images, audio clips, or graffiti.

EXAMPLES OF PROHIBITED HARASSMENT 7.1.7 Unsolicited and unwelcome flirtations,

touching of any kind, advances, communications, and/or propositions of a sexual nature.

EXAMPLES OF PROHIBITED HARASSMENT 7.1.5 Submission to or rejection of

unwelcome conduct by an individual being used as a basis for employment decisions affecting that individual.

OBJECTIVE 3.3 To establish a procedure for reporting and addressing allegations of

workplace discrimination and harassment

Workplace harassment includes, but is not limited to, any unwelcome verbal, written, or physical conduct that denigrates or shows hostility or aversion towards a person on the basis of a protected characteristic that:

(1) has the purpose or effect of creating an intimidating, hostile, or offensive work environment; (2) has the purpose or effect of unreasonably interfering with an employee's work performance; or (3) affects an employee's employment opportunities or compensation.

EMPLOYEE AND SUPERVISORY OBLIGATIONS 9.2 All supervisors

At a minimum, the supervisor or manager shall as expeditiously as possible make a report to a Designated Department Representative assigned to his or her department. No supervisor or manager has authority to agree not to transmit a report or to agree to a delay in transmitting a report. Failure of a supervisor or manager to discharge responsibilities under this paragraph is a violation of this policy and may result in disciplinary action, up to and including termination or indefinite suspension. Supervisors and managers are prohibited from having sexual relationships with subordinates.

COMPLAINT PROCESS 10.2 Advice and Information Any individual may seek advice or information on matters related to this policy without having to lodge a

Formal complaint. Employees may call the City's Sexual Harassment Hotline (832-393-7200) or contact the Designated Department Representatives (DDRs) assigned to the employee's Department, or contact the Human Resources Department's Civil Service & EEO Division

OBJECTIVE 3.2 To identify and prohibit

Inappropriate or offensive slurs, connotations, words, objects or symbols.

Gender identity

means an individual's innate identification as either male or female, although it may not correspond to the individual's body or gender as assigned at birth.

Protected characteristic

means an individual's sex, race, color, ethnicity, national origin, age, religion, disability, sexual orientation, genetic information, gender identity, pregnancy, or any other legally protected characteristic.

Genetic information

means information about an individual's genetic tests, the genetic tests about an individual's family members, and the manifestation of disease or disorder in family members of an individual. The term does not include the age or sex of any individuals.

Sexual orientation

means the actual or perceived status of a person with respect to his or her sexuality.

SCOPE 4.4 This policy applies to every level of

municipal government, including employment, contracting, vending, and/or access to City facilities, programs, services, and activities.