Resolution 2018-01 Resolution No. 2018-
A RESOLUTION OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,
ILLINOIS,APPROVING AN AMENDMENT TO THE UNITED CITY OF YORKVILLE
EMPLOYEE MANUAL
WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is a duly
organized and validly existing non home-rule municipality created in accordance with the
Constitution of the State of Illinois of 1970 and the laws of this State; and,
WHEREAS, the City desires to amend the portion of its Employee Manual which
addresses the Anti-Harassment Policy in order to come in compliance with Public Act 100-0554,
which amends the State Officials and Employees Ethics Act, including 5 ILCS 430/70-5, which
pertains to government entities; and,
WHEREAS, it has been determined to be in the best interests of the City to amend
Section 2.3 of the Employee Manual, in the form attached hereto in Exhibit"A".
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois that Section 2.3 of the United City of
Yorkville Employee Manual in the form set forth on Exhibit "A" attached hereto and
incorporated herein are hereby adopted.
Passed by the City Council of the United City of Yorkville,Kendall County, Illinois this
qday of Y , 2018.
City Clerk
CARLO COLOSIMO KEN KOCH
JACKIE MILSCHEWSKI y ARDEN JOE PLOCHER
CHRIS FUNKHOUSER Y9 JOEL FRIEDERS
SEAVER TARULIS ALEX HERNANDEZ '--
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
day of J A til t(4R Y ,2018.
Resolution No.2018-Q
Page 1
J
- MAYOR '
Attest:
s"' ,
LI 41LA.,e—
City Clerk
Resolution No.2018--Qj
Page 2
Section 2.3 Policy Against Harassment
The United City of Yorkville is committed to maintaining a work environment that is free
of discrimination and harassment. In keeping with this commitment, we will not tolerate
discrimination or harassment of City employees by anyone, including any supervisor, co-worker,
or any third party. All employees are expected to avoid any behavior or conduct that could
reasonably be interpreted as harassment. All employees are expected to make it known promptly,
through the avenues identified below, whenever they experience or witness offensive or
unwelcome conduct from a co-worker,members of management, visitor, resident or vendor.
Harassment consists of unwelcome conduct, whether verbal, physical, or visual, that is
based upon a person's protected status, such as sex, color, race, religion, national origin, age,
physical or mental disability, sexual orientation or sexual preference, pregnancy or pregnancy
related medical condition, marital status, or other protected group status. The City will not
tolerate discrimination or harassment that affect tangible job benefits, that interferes
unreasonably with an individual's work performance, or that creates an intimidating, hostile, or
offensive working environment. Such harassment may include, for example,jokes about another
person's protected status, kidding, teasing or practical jokes directed at a person based on his or
her legally protected status.
Sexual harassment deserves special mention. Unwelcome sexual advances, requests for
sexual favors, and other physical, verbal, or visual conduct based on sex constitute sexual
harassment when (1) submission to the conduct is an explicit or implicit term or condition of
employment, (2) submission to or rejection of the conduct is used as the basis for an employment
decision, or (3) the conduct has the purpose or effect of unreasonably interfering with an
individual's work performance or creating an intimidating, hostile, or offensive working
environment. Sexual harassment is conduct based on sex, whether directed towards a person of
the opposite or same sex, and may include explicit sexual propositions, sexual innuendo,
suggestive comments, sexually oriented "kidding" or "teasing", "practical jokes", jokes about
obscene printed or visual material, and physical contact such as patting, pinching, or brushing
against another person's body.
All City employees are responsible to help assure that harassment is avoided. Anyone
who believes that they have experienced or witnessed harassment should notify the City
Administrator, a Department Head, Supervisor, City Attorney, or Mayor. Employees are
permitted to submit confidential reports of harassment, however, employees are encouraged to
provide as much information as possible so that the City can effectively investigate any
allegations.
The City forbids retaliation against anyone for reporting harassment, assisting in making
a discrimination or harassment complaint, or cooperating in a discrimination or harassment
investigation. Anyone who believes that they have been retaliated against should notify the City
Administrator, a Department Head, Supervisor, City Attorney, or Mayor. Further, under the
Illinois Human Rights Act (775 ILCS 5/6), the Illinois Whistleblower Act (740 ILCS 174/5), and
the State Employee Ethics Act (5 ILCS 430) it is a crime to retaliate, or to conspire to retaliate,
against an employee because the employee has opposed an action that the employee reasonably
believes to be unlawful discrimination or harassment or because the employee has participated in
an investigation of harassment or discrimination. However, an employee who knowingly makes
a false report of harassment will be subject to discipline.
The City's policy is to investigate all complaints of discrimination, harassment and/or
retaliation thoroughly and promptly. To the fullest extent practicable and consistent with a
thorough investigation, the City will keep complaints and the terms of their resolution
confidential. If an investigation confirms that a violation of the policy has occurred, the City will
take corrective action, including discipline, up to and including immediate termination of
employment for even a first offense if warranted in order to remedy the situation.
An employee who believes that he or she has been the subject of discrimination,
harassment or retaliation for complaining about discrimination or harassment (or for
participating in a complaint investigation) also has the right to file a charge of civil rights
violations with the appropriate state or federal enforcement agency. These include:
Illinois Department of Human Rights
100 West Randolph Street, Suite 10-100
Chicago, Illinois 60601
312-814-6200
United States Equal Employment Opportunity Commission
Chicago District Office
500 West Madison Street, Suite 2000
Chicago, Illinois 60661
800-669-4000