Policy 02.05 Anti-Discrimination

POLICY TITLE:	Anti-Discrimination
POLICY NUMBER:	02.05
VERSION:	2.0
REVISED DATE:	July 12, 2017
REVIEWED DATE:	March 22, 2018
APPROVAL DATE:	March 22, 2018
EFFECTIVE DATE:	April 2, 2018
NUMBER OF PAGES:	5

1. Description and Purpose The purpose of this policy is to promote a workforce that is representative of all residents of St. Paul Island and an anti-discrimination work environment.

2. Applicability This policy applies all to employees of, and consultants and contractors performing work for the City of Saint Paul (City).

3. Failure to Comply Failure to comply with this policy may result in disciplinary action in accordance with all disciplinary policies of the City.

1. While some departments have specialized codes of conduct and procedures specific to their body of work, the policies noted below apply to all departments, divisions, units in the City. It is important to note that while these policies that relate to illegal discrimination are briefly expounded on below, the City – as an employer – has a higher expectation of employee behavior in the workplace. This means that all employees are expected to treat each other and the public they serve respectfully. This higher standard means, for example, that teasing someone because of their accent may not rise to the level of being illegal, but it is still inappropriate in the workplace. The City promotes a positive workplace, where people are treated well and given the opportunity to do their best work.

a. The city prohibits treating an applicant or employee unfavorably because of that person’s gender or gender identity, or because of his connection with an organization or group that is generally associated with people of a certain gender or gender identity.

b. The City prohibits harassing a person because of that person’s gender or gender identity. Harassment can include “sexual harassment” or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. This type of behavior constitutes illegal sexual harassment when:

i. Submission to the conduct is made a term or condition of employment;

ii. Submission or rejection of the conduct is used as the basis for an employment decision;

iii. The conduct has the effect of unreasonably interfering with an employee’s work performance or creating an intimidating or hostile work environment.

c. The City prohibits offensive remarks about a person’s gender or gender identity including abusive language, unwelcome jokes, derogatory comments, and other objectionable verbal or physical conduct.

d. The city prohibits treating an applicant or employee unfavorably because of that person’s sexual orientation or because of his connection with an organization or group that is generally associated with people of a certain sexual orientation.

e. The City prohibits harassing a person because of that person’s sexual orientation. Harassment can include “sexual harassment” or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. This type of behavior constitutes illegal sexual harassment when:

iv. Submission to the conduct is made a term or condition of employment;

v. Submission or rejection of the conduct is used as the basis for an employment decision;

vi. The conduct has the effect of unreasonably interfering with an employee’s work performance or creating an intimidating or hostile work environment.

f. The City prohibits offensive remarks about a person’s sexual orientation including abusive language, unwelcome jokes, derogatory comments, and other objectionable verbal or physical conduct.

a. The City prohibits treating an applicant or employee unfavorably because he is of a certain race or because of personal characteristics associated with race (such as hair texture or certain facial features). Color discrimination involves treating someone unfavorably because of skin color or complexion. This prohibition includes treating someone unfavorably because the person is married to (or associated with) a person of a certain race or color or because of a person’s connection with a race-based organization or group, or an organization or group that is generally associated with people of a certain color.

b. City policy and ordinance, and state and federal law also prohibit harassment of a person because of that person’s race or color. Harassment can include, for example, racial slurs, offensive or derogatory remarks about a person's race or color, or the display of racially-offensive symbols.

a. The City prohibits national origin discrimination, which involves treating people (applicants or employees) unfavorably because they are from a particular country or part of the world, because of ethnicity or accent, or because they appear to be of a certain ethnic background (even if they are not). National origin discrimination also can involve treating people unfavorably because they are married to (or associated with) a person of a certain national origin or because of their connection with an ethnic organization or group.

b. The City prohibits the harassment of a person because of his national origin. Harassment can include, for example, offensive or derogatory remarks about a person’s country of origin, accent, or ethnicity.

c. If an applicant is not a United States citizen, they must be eligible to work in the United States in order to be employed by the City.

a. The City prohibits treating an applicant or employee unfavorably because of his sincerely held religious beliefs. It is also prohibited to treat someone unfavorably because that person is married to (or associated with) an individual of a particular religion or because of his or her connection with a religious organization or group.

b. The City prohibits harassing an individual about their religious beliefs or practices. Harassment can include, for example, offensive remarks about a person’s religion or religious garb.

i. It is the City’s policy to make reasonable accommodations for an applicant’s or an employee’s religious beliefs or practices, unless doing so would cause significant difficulty or expense.

ii. Examples of religious accommodation are:

a) Granting leave or allowing voluntary shift substitutions or swaps so that the employee may observe a religious holiday.

iii. If an employee needs an accommodation for religious reasons, he should notify his immediate supervisor. If the City reasonably needs more information, the immediate supervisor and the employee should engage in an interactive process to discuss the request. If it would not pose an undue hardship, the City will grant the accommodation. An accommodation may cause undue hardship if it is costly, compromises workplace safety, decreases workplace efficiency, infringes on the rights of other employees, impacts services to customers, or requires other employees to do more than their share of potentially hazardous or burdensome work.

a. The City prohibits treating an applicant or employee unfavorably because of pregnancy, marital status, changes in marital status, or parenthood. This includes treating a woman (an applicant or employee) unfavorably because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.

b. The City prohibits harassing anyone because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth, marital status, changes in marital status, or parenthood. Harassment can include, for example, offensive remarks about these protected classes.

a. The City prohibits treating applicants or employees who are veterans unfavorably because of their veteran’s status, military status, or military obligations. Veterans with service-related disabilities may also be protected under the Americans with Disabilities Act and state law if the service-connected disability meets the ADA’s definition of disability. The City asks veterans and members of the Alaska National Guard to voluntarily self-identify on applications for employment. Disclosure is voluntary. If an applicant does not disclose his or her military status, no adverse action is taken. The information is used solely for affirmative action purposes and alerts hiring personnel to apply applicable hiring preferences.

a. The City prohibits treating someone less favorably because of their age unless there is a bona fide occupational qualification that is age related. For example, the Alaska Law Enforcement Academy requires individuals to be 21 years of age or older in order to be attend; therefore a 19-year-old applicant would not be hired.

b. The City prohibits harassing a person because of his or her age. Harassment can include, for example, derogatory remarks about a person's age.

a. The City prohibits treating an individual with a disability unfavorably on the basis of the disability. The City also prohibits treating an applicant or employee less favorably because he has a history of a disability (such as cancer that is in remission) or because he is believed to have a physical or mental impairment. This policy also prohibits discrimination based on an applicant’s or employee’s relationship with a person with a disability.

b. The City prohibits harassing an applicant or employee because he has a disability, had a disability in the past, or is believed to have a physical or mental impairment that is not transitory and minor. Harassment can include, for example, offensive remarks about a person's disability.

i. The City will provide reasonable accommodations, absent undue hardship, to qualified individuals (employees or job applicants) with a disability so that the individual can perform the job or access a benefit of employment. A reasonable accommodation can be a change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job, perform the duties of a job, or enjoy the benefits and privileges of employment. Reasonable accommodations might include, for example, making the workplace accessible for wheelchair users, providing special equipment or services, or modifying work space.

ii. Employees or applicants should direct their accommodation request to their immediate supervisor.

a. The City prohibits any City employee, and contractor or consultant working for the City from providing City services to the public based on any of the above forms on discrimination.

b. The City complies with laws which make it illegal to retaliate against an individual in any aspect of employment including hiring, promoting, demoting, terminating, layoffs, pay, fringe benefits, job assignments, or any other terms or conditions of employment.

c. The City prohibits retaliation against any individual for filing a charge of discrimination, complaining about discrimination, or because they participated in an employment discrimination proceeding such as an investigation or lawsuit.

d. The types of retaliation prohibited include, but are not limited to:

i. Intimidation, isolation, and/or ridicule;

ii. Unwarranted negative performance evaluations;

iii. Adverse actions with respect to an employee’s work assignments, salary, leave, training, employment status, or other terms and conditions of employment;

iv. Unlawful discrimination;

v. Threats of adverse action

e. The City will review complaints of retaliation as long as the complainant files an informal or formal complaint per City Personnel Policy Number 13 – Employee Complaints.

1. None.

1. City Personnel Policy Number 13 – Employee Complaints.

1. None.

1. This policy replaces Sections 11.03.05 and 11.04 in the City Code of Ordinances (CCO).