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22-063 (07-05) Adopt Welcoming Workplace Policy Update RESOLUTION NO. 22-063 RESOLUTION ADOPTING WELCOMING WORKPLACE POLICY UPDATE WHEREAS, the City’s previous Offensive Workplace Behavior policy met legal requirements and defined offensive workplace behavior using legal descriptions; and WHEREAS, staff recommends an update to the Respectful Workplace Behavior policy to address specific workplace behaviors that may create disproportionately adverse work conditions for employees of protected classes; and WHEREAS, the updated policy better reflects the intentions of the City’s adopted Equity Plan Pillar – to create an infrastructure that supports and advances diversity, equity, and inclusion. NOW THEREFORE BE IT RESOLVED, that the City Council for the City of Golden Valley adopts the updated Welcoming Workplace Policy attached hereto as Exhibit A. Adopted by the City Council of Golden Valley, Minnesota this 5th day of July 2022 _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk DocuSign Envelope ID: 7D4999FF-B630-4387-A13B-8E200813F8DF SECTION 2.0 Welcoming Workplace Equal Employment Opportunity (EEO) Policy Statement 12 Accommodations For Disabilities 12 Accommodations For Pregnancy And Nursing Mothers 12 Accommodations For Religious Practice 12 Respectful Workplace Policy 12 Sexual Harassment 13 Reporting Violations Of This Policy 13 No Retaliation 14 Equal Employment Opportunity (EEO) Policy Statement The City is committed to providing equal employment opportunity to all persons, in all areas of employment, including but not limited to recruitment, hiring, placement, promotion, demotion or transfer, layoff, recall, termination, rates of pay or other forms of compensation, or selection for training. All employment policies and practices will be nondiscriminatory in compliance with federal, state, and local laws. The City will not discriminate against any employee or job applicant on the basis of race, color, creed, religion, national origin, ancestry, gender, sexual orientation, gender identity or expression, marital status, disability, age, genetic information, familial status, veteran status, status with regard to public assistance, of any other protected class (“Protected Classes”). Accommodations For Disabilities The City will make reasonable accommodation for a qualified individual with a disability who requires such accommodation to perform the essential functions of his or her job. Employees who believe they are qualified individuals with a disability and need accommodations should contact Human Resources. The City will then engage in an interactive process to better understand each employee’s needs in the context of the position and to determine what reasonable accommodations, including alternative duties, that may be made to address the disability. As part of that interactive process, the City may ask for information from a medical provider about the nature of the disability and the accommodations necessary to allow employees to perform the essential functions of their positions. Employees who do not meet the qualifications under the Americans with Disabilities Act may be eligible for alternative duties under the Alternative Duty Policy. Accommodations For Pregnancy And Nursing Mothers For employees with health conditions relating to pregnancy or childbirth, the City will provide reasonable workplace accommodations, such as but not limited to: •more frequent unpaid restroom, food, and water breaks DocuSign Envelope ID: 7D4999FF-B630-4387-A13B-8E200813F8DF •seating •limits on lifting more than 20 lbs Temporary transfer to a less strenuous or hazardous position, if one is available Additionally, for one year after the birth of the child, the City will provide nursing mothers with reasonable paid break time and a suitable room to express milk for nursing the child. Contact Human Resources for more information. Accommodations for Religious Practice The City values the diversity of its employees and recognizes that employees may need accommodation to observe the practices of their religious tradition. Employees who require accommodation of their schedule or other aspects of their job for religious reasons should talk to Human Resources. The City will work with employees to determine reasonable ways to accommodate those practices. Respectful Workplace Policy The City is committed to maintaining a working environment that is free of offensive behavior and unlawful discrimination. The City embraces diversity and recognizes the rights of individuals to live their lives with dignity, free of discrimination, fear, violence, and hate. This policy is intended to inform all employees, volunteers, members of boards and commissions, and elected officials of their rights and obligations related to offensive behaviors, including harassment, discrimination, and retaliation. . All complaints of offensive behaviors will be taken seriously and followed through to resolution, and employees who file complaints will not be victimized for “whistle-blowing” or reporting others for inappropriate behavior. Scope This respectful workplace policy applies to all employees, volunteers, and elected and appointed officials of the City. Protection from offensive Behavior extends to management, employees, subordinates, clients, and customers, and it expands beyond the place of work to off-site, work-related social events. It is the responsibility of all employees and managers of the City to provide a healthy workplace environment to peers and co-workers, where all communication and interactions are marked by dignity and respect. Offensive Behavior Prohibited Offensive Behavior has damaging consequences for the recipients of the behavior as well as observers and the organization as a whole. Discrimination and harassment on the basis of an individual’s membership in a Protected Class or otherwise is prohibited and will not be tolerated. Employees and elected and appointed officials of the City are prohibited from engaging in any Offensive Behavior. Any employee or official who engages in Offensive Behavior is subject to consequences, up to and including termination. Expectations The City respects and values the diverse identities and life experiences each employee holds and will ensure well-being of employees and the stakeholders the City interacts with through its employees and officials. As such, employees are expected to: DocuSign Envelope ID: 7D4999FF-B630-4387-A13B-8E200813F8DF •Treat employees, volunteers, and stakeholders with respect and ensure all voices are being heard •Challenge internal assumptions and investigate internal bias that could interfere with inclusive and equitable engagement and behavior; and •Speak up when inequity in City policies, systems, programs, or services occur Acceptable and Healthy Workplace Behaviors Defined Acceptable and healthy workplace behaviors are any behaviors that promote respect, positivity and civility in our workplace in alignment with the City Council’s values (communication, innovation, inclusion, community, integrity, respect, courage, accountability) and Valley Values (positive attitude, open communication, teamwork, know-how, work/life balance. They include, but are not limited to: •Using respectful, supportive, and encouraging language in all interactions, no matter the subject of conversation; •Questioning a peer’s position on an issue politely rather than asserting your position is the right one; •Listening to your peer’s position with an open mind; Approaching conflict with maturity and true desire for resolution, rather than as a fight or opportunity to belittle a co-worker •Giving peers direct, non-personal feedback as opposed to criticism •Respecting each other as adults and trusting each other’s decision-making abilities, expressing appreciation when a peer does something correctly and in a timely manner Offensive Behavior Defined Offensive Behavior means behavior that causes or is likely to cause harassment, alarm, or distress to one or more other persons. Offensive Behavior includes but is not limited to violence, intimidation, objectionable or threatening conduct, statements, epithets, slurs, graffiti, jokes, pranks, innuendos, anonymous notes, or any other conduct that is critical, hostile, offensive, or in any way otherwise objectionable. Offensive behavior also includes illegal, immoral or unethical conduct, and negative or aggressive acts aimed at one or more individual and causing them to feel hurt, embarrassed, incompetent, disrespected, anxious, or depressed whether or not the behavior is because of an individual’s membership in a protected class. Examples of Offensive Behavior include, but are not limited to: •Use of threatening or abusive language or profanity •Conduct or language that is intended to be, or is perceived by others to be, demeaning, berating, rude, threatening, intimidating, hostile or offensive; •Engaging in bullying, collusion or hazing; •Microaggressions; •Making threats of violence, retribution, litigation, or financial harm; •Shouting or engaging in other speech, conduct or mannerisms that are reasonably perceived by others to be intimidating or harassing; •Using racial or ethnic slurs; •Demonstrating racial, gender, sexual orientation, or cultural bias; •Making or telling denigrating jokes that are intended to be, or that are perceived by others to be, crude or offensive; teasing, name calling, ridicule or making someone the brunt of pranks or practical jokes; •Using epithets, slurs or negative stereotyping; DocuSign Envelope ID: 7D4999FF-B630-4387-A13B-8E200813F8DF •Distributing or displaying electronic or written materials or messages that are abusive, profane, threatening, or defamatory (“Offensive Material”) •Placing Offensive Material on walls or elsewhere on City premises, or circulating Offensive Material in the workplace; •Using sarcasm or cynicism directed as a personal attack on others; •Making unwanted or threatened inappropriate physical contact; •Throwing tools, office equipment, or objects as an expression of anger, criticism, or threat, or in an otherwise disrespectful or abusive manner; •Making comments or engaging in behavior that is untruthful or directed as a personal attack on the professional conduct of others; •Retaliation; •Filing a false or malicious claim against another individual; •Engaging in any pattern of disruptive behavior or interaction that could interfere with the workplace or adversely impact the quality of services, programs, or the psychological health of another; •Conditioning employment terms on submission to harassing conduct, sexual advances, requests for sexual favors, etc.; •Harassment in any form; •Discriminatory behavior, which includes inappropriate remarks about or conduct related to an employee’s race, color, creed, religion, national origin, disability, sex, marital status, age, sexual orientation, gender identity, status with regard to public assistance, Veteran’s status or any other reason protected by local, state, or federal law, ordinance or regulation; •Sexual harassment, which means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature were: o submission to or rejection of such conduct is made either explicitly or implicitly a term or condition of any individual’s employment or as a basis for employment decisions o 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 While it is not possible to list all circumstances that may constitute sexual harassment, the following are some examples of conduct that, if unwelcome, may constitute sexual harassment: o unwanted sexual advances, whether they involve physical touching or not o sexual epithets, jokes, written or oral references to sexual conduct, gossip regarding one’s sex life, comments about an individual’s body, or comments about an individual’s sexual activity o displaying sexually suggestive objects or images o unwelcome leering, whistling, brushing up against the body, sexual gestures, or suggestive or insulting comments o inquiries into one’s sexual experiences o discussion of one’s sexual activities Management Responsibility Management and others in positions of authority and workplace representatives have a particular responsibility to ensure that healthy and appropriate behaviors are being exhibited at all times and that complaints to the contrary are addressed speedily. Management will: •Provide good examples by treating all with courtesy and respect DocuSign Envelope ID: 7D4999FF-B630-4387-A13B-8E200813F8DF •Promote awareness of this policy and how to follow the policy •Be vigilant for signs of inappropriate behaviors at work through observation and information seeking, and take action to resolve the behavior before it escalates •Deal sensitively with employees involved in a complaint, whether as complainant or alleged aggressor •Explain the procedures to be followed if a complaint of inappropriate behavior at work is made •Ensure that an employee making a complaint is not victimized for doing so, and seek resolution of such behavior if it occurs •Monitor and follow up on the situation after a complaint is made so as to prevent recurrence of the behavior. •Inform Human Resources pursuant to the investigation process in this policy Employee Responsibility Employees can contribute to achieving a work environment which does not tolerate aggressive behavior at work. Employees should report what they see in the workplace as it relates to behaviors defined as unacceptable; employees are in a far better position than management to know what is happening with peers and co-workers. Employees should also co-operate with preventative measures introduced by management and recognize that a finding of unacceptable behaviors at work will be dealt with through appropriate disciplinary procedures. An employee making a false or malicious complaint not in good faith may also be subject to disciplinary action. Training Programs As part of its commitment to encouraging positive and healthy behaviors, the City offers training opportunities for all employees. Training includes but is not limited to factors that contribute to a welcoming environment, microaggressive and offensive behavior, responsibilities under this policy. Reporting Violations Of This Policy Employees who have observed or believe others are being subjected to any form of Offensive Behavior, discrimination, retaliation, or any other violation of this policy by another employee of the City or by a non-employee, should immediately report such conduct to Human Resources or their immediate supervisor. The employee should submit this report in writing with sufficient detail for Human Resources to determine whether a policy was violated. Any supervisor who experiences, witnesses, or receives a written or oral complaint of retaliation violation of this policy must immediately report it to Human Resources. Reports of violations of this policy will be promptly and carefully investigated. The Human Resources Director may involve the City’s legal counsel in the investigation. If the City determines that an individual violated this policy, the City may take disciplinary action, up to and including termination of employment, against the offending individual. The City will treat complaints of violations of this policy and the results of any investigation as confidential to the extent possible within the context of the investigation and Minnesota law. Complete confidentiality cannot be guaranteed, as revelation of some reported information might be necessary for a complete investigation. DocuSign Envelope ID: 7D4999FF-B630-4387-A13B-8E200813F8DF Although the City cannot control the actions of non-employees, employees are strongly encouraged to report any behavior by such individuals that violates this policy. The City will make every effort to investigate such complaints and will attempt to put an end to any conduct concluded to violate this policy. Elected Officials: If a Council member is the alleged harasser, the report will be made to the City Manager and referred to an outside attorney who will undertake the necessary investigation. The outside attorney will report findings to the City Council, which will take the action it deems appropriate. Pending completion of the investigation, the City Manager may take appropriate action to protect the alleged victim, other employees, or citizens. If an elected or appointed city official (e.g., Council member or commission member) is the victim of disrespectful workplace behavior, the City Manager will be consulted as to the appropriate course of action. Disclaimer: The City is not voluntarily engaging in a dispute resolution process, as that term defined in state statute, by adopting and enforcing this workplace policy. The filing of a complaint under this policy and any subsequent investigation by the City does not suspend the one-year statute of limitations period under the Minnesota Human Rights Act for bringing a civil action or for filing a charge with the Minnesota Department of Human Rights. No Retaliation The City will not retaliate against any employee for making a good-faith complaint of harassment or discrimination under this policy or participating in an investigation of a complaint made under this policy. Employees who feel they have been retaliated against for reporting a violation of this policy in good faith, or for participating in an investigation of conduct under this policy, should immediately report their concern to Human Resources or their supervisor. DocuSign Envelope ID: 7D4999FF-B630-4387-A13B-8E200813F8DF