Sexual harassment | moweaquapl

Sexual harassment policy

Approved June 2024

PURPOSE: To establish the Moweaqua Public Library District (MPLD) as a safe and supportive work and service environment free of harassment of any kind and to be in compliance with Title VII of the Civil Rights Act of 1964, as amended, and the Illinois Human Rights Act, Public Act 87 – 1257, Section 2 – 105A.

MPLD has a strict zero-tolerance policy against all forms of sexual harassment and will make every effort to provide a work and service environment that is free of harassment or intimidation of any kind, including sexual harassment and harassment that is based on an individual’s race, ethnicity, religion, sexual orientation, gender, age, or other characteristic. Harassment of any kind by an employee, patron, volunteer, vendor, independent contractor, or any other third party will not be tolerated and should be reported pursuant to the procedure set forth below. Sexual harassment is illegal. The courts have determined that sexual harassment is a form of discrimination under Title VII of the U.S. Civil Rights Act of 1964, as amended in 1991. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when

submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment
submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting such individual
such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment.

Anyone can be a victim of sexual harassment regardless of their gender, gender identity, sexual orientation, race, age, or other factors. It can occur inside or outside the workplace, between supervisors and staff, coworkers, customers, and others. Therefore, MPLD will take every measure within its power to prevent and address acts of sexual harassment.

In compliance with 775 ILCS 5/2-109(c), MPLD Board of Trustees members and library staff will participate in sexual harassment prevention training at least once a year (https://dhr.illinois.gov/content/dam/soi/en/web/dhr/documents/idhr2023-sexual-harassment-prevention-training-employers-general-english.pdf or certification of training from another employer if eligible). If an employer violates this section, the Illinois Department of Human Rights (IDHR) can issue a notice to show cause giving the employer 30 days to comply. If the employer does not comply within 30 days, IDHR can petition the Illinois Human Rights Commission (IHRC) for entry of an order imposing a civil penalty against the employer pursuant to Section 8-109.1. The civil penalty shall be paid into the Department of Human Rights Training and Development Fund.

Any employee who engages in conduct that constitutes harassment will be disciplined. Such discipline can include reprimand, suspension, or discharge.

MPLD supervisors who tolerate or condone harassment shall be subject to discipline as if they had committed the acts of harassment themselves.

PROCEDURE:

Any employee who feels that they are a victim of harassment should report the complaint to their immediate supervisor. If the immediate supervisor is the person responsible for the alleged acts of harassment, then the employee should file the complaint with any member of the Board of Trustees.

The individual who receives a complaint of harassment will take immediate action to investigate the complaint and take whatever action is required to eliminate the offensive conduct. All complaints must be reported in writing by the complaint recipient with a brief description of the results of the investigation and the corrective action taken. The strictest confidentiality of complaints will be maintained to the extent permitted by the existing circumstances.

If a complaint is filed with the Board, either the president or a person designated by the president shall immediately investigate the complaint. In conducting the investigation, the president will take such steps as deemed proper under the circumstances. These steps may include interviewing the parties individually or calling the parties together in conference. In all cases where the president has determined that a complaint is valid, immediate corrective action will be taken and appropriate discipline will be imposed.

In all cases, the complaining employee will be advised of the results and resolution of the investigation conducted.

The purpose of this policy is to establish prompt, thorough and effective procedures for responding to every complaint and incident so that problems can be identified and remedied internally. However, an employee has the right to contact the IDHR or the Equal Employment Opportunity Commission (EEOC) about filing a formal complaint. An IDHR complaint must be filed within 180 days of the alleged incident(s) unless it is a continuing offense. A complaint with the EEOC must be filed within 300 days. In addition, an appeal process is available through the IHRC after IDHR has completed its investigation of the complaint. Where the employing entity has an effective harassment policy in place and the complaining employee fails to take advantage of that policy and allow the employer an opportunity to address the problem, such an employee may, in certain cases, lose the right to further pursue the claim against the employer.

Additional resources for filing sexual harassment complaints:

Illinois Department of Human Rights (IDHR) in Springfield: 217-785-5100; TTY: 866-740-3953
Illinois Human Rights Commission (IHRC) in Springfield: 217-785-4350; TTY: 217-557-1500
United States Equal Employment Opportunity Commission (EEOC) in Chicago: 800-669-4000; TTY: 800-869-8001.

An employee who is suddenly transferred to a lower paying job, passed over for promotion, or discharged after filing a complaint with IDHR or EEOC may file a retaliation charge, also due within 180 days (IDHR) or 300 days (EEOC) of the alleged retaliation. An employee who has been physically harassed or threatened while on the job may also have grounds for criminal charges, such as assault or battery.

No retaliatory action will be taken against any individual who has filed a complaint of harassment, whether or not such complaint is determined to be valid.

All employees and volunteers will be informed of the agency’s policy concerning prohibition of harassment and procedures for reporting complaints.

A copy of this policy will be distributed annually to all staff. Staff will acknowledge receipt of the policy using the Receipt of Annually Reviewed Policies form, which shall be placed in the employee’s personnel file.

The following acts may constitute harassment (this list is intended to provide examples and illustrations only and is not all-inclusive):

the granting or denial of some tangible employment benefit is conditioned upon a subordinate’s acceptance of unwelcome conduct, e.g., “You can get this job by dating me;” “You will be fired if you don’t go out with me;” “You should be nice to me if you want to get ahead here.”

sexual slurs, jokes, comments, or innuendos; vulgar graffiti or explicit pictures in the workplace, including on computer screens or in e-mail

verbal or nonverbal conduct of a sexual nature, including questioning others about, or discussing one’s own, sexual preferences or activities; repeatedly asking someone out after refusal; looking a person up and down or staring at them; giving unwanted personal gifts; hugs, kisses, pats, or other unwelcome touching; intentionally standing close to, brushing against, or leaning over another

racial or ethnic slurs, comments, or jokes; offensive drawings

religious slurs, desecration of religious objects, offensive drawings

name calling or taunts regarding an individual’s alleged sexual preference; intimidating behavior; threatening physical harm

speech or conduct that is directed to one gender but not the other and that results in a hostile or offensive environment.