SEXUAL HARASSMENT

Employees, guests, or patrons of the Palos Heights Public Library are prohibited from sexually harassing other employees, guests, or patrons.


Definition:

Sexual harassment means any:

  • unwelcome sexual advance, or
  • request for sexual favors, or
  • any conduct of a sexual nature when:
    1. submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, or
    2. submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or
    3. such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.

Sexual harassment prohibited by this policy includes verbal or physical conduct. The terms intimidating, hostile, or offensive as used above include conduct which has the effect of humiliation, embarrassment, or discomfort.


Reporting Procedures:

It is the express policy of the Palos Heights Public Library to encourage victims of sexual harassment to come forward with such claims. In order to conduct an immediate investigation, any incident of sexual harassment must be reported as quickly as possible, in confidence, as follows:

  • Employees
    Employees are encouraged to report any incidents of sexual harassment to their direct supervisor. If the person to whom an employee is directed to report is the offending person, the report should be made to the next higher level of administration or supervision.

  • Members of the Public
    Members of the public are encouraged to report any incidents of sexual harassment to the library director, or, in the alternative, to the Library’s Board of Trustees.

  • Confidentiality
    Every effort will be made to promptly investigate any allegation of sexual harassment in as confidential a manner as possible.

Discipline:

Any employee who is determined, after an investigation, to have engaged in sexual harassment in violation of this policy will be subject to disciplinary action up to and including discharge. Any member of the public who is determined, after an investigation, to have engaged in sexual harassment in violation of this policy will be excluded from the library.

False accusations regarding sexual harassment will not be tolerated, and any person making a knowingly false accusation will likewise be subject to disciplinary action up to and including discharge, with regard to employees, or exclusion from the library, with regard to members of the public.


The Palos Heights Public Library will discipline any individual who retaliates against any person who reports alleged sexual harassment or who retaliates against any person who testifies, assists, or participates in an investigation, a proceeding or a hearing relating to a sexual harassment complaint. Retaliation includes, but is not limited to, any form of intimidation, reprisal or harassment.


Appeals:

All decisions may be appealed by any party. Decisions of supervisors may be appealed to the respective department head; decisions of the department head may be appealed to the library director; decisions of the library director may be appealed to the Board of Trustees. If the library director is the subject of the complaint, the appeal may be referred to the President of the Board of Trustees for consideration by the Board of Trustees.


Also, employees have the legal recourse, investigative and complaint process available through the state and federal government. Employees may contact the state or federal government as follows:


Illinois Department of Human Rights
100 West Randolph Street
Suite 10-100
Chicago, IL 6060
1 (312) 814-6200

or

222 South College
Floor 1
Springfield, IL 62704
(217) 785-5100

Illinois Human Rights Commission
100 West Randolph
Suite 5-100
Chicago, IL 60601
(312) 814-6269

or

Stratton Office Building
Suite 404
Springfield, IL 62706
(217) 785-4350

Federal Equal Employment Opportunity Commission
536 South Clark Street
9th Floor
Chicago, IL 60605
(312) 353-2713


The Legal Recourse, Investigative and Complaint Process available through the department and the Commission is as follows:
(sample provision:)

  • A complaint must be filed within 180 days of the date you claim the harassment took place.
  • You are protected in your right to make a claim or cooperate with an investigation.
  • The Department of Human Rights is responsible for making an investigation and should either dismiss the charge or file a complaint with the Illinois Human Rights Commission.
  • If the Department of Human Rights neither dismisses the claim or files a complaint with the Illinois Human Rights Commission within 300 days of filing, you may seek a public hearing from the Human Rights Commission. You must do so within 30 days after the 300th day expires.
  • A charge filed with the Illinois Department of Human Rights is also filed with the Federal Equal Employment Opportunity Commission.
  • Complaints filed with the Illinois Human Rights Commission are assigned to an Administrative Law Judge.
  • Following a hearing, the Administrative Law Judge will recommend a finding to a three-member panel of the Human Rights Commission.
  • The Human Rights Commission may order the respondent to cease and desist, pay damages, hire, reinstate, promote, pay back-pay, pay fringe benefits, and pay Attorney’s fees and costs in order to remedy a finding in favor of the complainant.
  • The Human Rights Commission’s order may be appealed by either party to the Illinois Appellate Court within 35 days of the order.
  • Orders of the Human Rights Commission are enforceable in Illinois courts.

The Protection Against Retaliation as Provided by Section 6-101 of This Act Is:

It is unlawful to retaliate in any way against anyone who has complained about sexual harassment or discrimination.



Adopted: September 28, 2017