The City’s prohibitions against harassment include maintaining a work environment free of sexual harassment, as hereinafter defined and described. The City will not tolerate the sexual harassment of any employee by any supervisors, co-workers, vendors, clients or anyone else. All personnel are responsible for maintaining a workplace that is free of sexual harassment and intimidation. The City is committed to promptly and thoroughly investigating all complaints of sexual harassment. If, after a thorough investigation, it is determined that a violation of the City’s policy prohibiting sexual harassment has occurred, immediate and appropriate disciplinary action up to and including dismissal may be taken.

Definition of Sexual Harassment

Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and any other physical, verbal or visual conduct of a sexual nature when:

• Submission to the conduct is an explicit or implicit term or condition of employment or continued employment;
• Submission to or rejection of the conduct is used as a basis for employment decisions affecting an employee, such as promotion, demotion or evaluation; 
• The conduct has the purpose or effect of unreasonably interfering with an individual’s work performance; or
• The conduct has the purpose or effect of creating a hostile or offensive work environment.

Examples of Prohibited Sexual Harassment

Examples of conduct violating the City’s policy prohibiting sexual harassment include, but are not limited to:

• Unwelcome requests for sexual favors;
• Sexual innuendo or sexually suggestive remarks;
• Vulgar or sexually explicit comments, gestures or conduct;
• Sexually-oriented kidding, teasing or practical jokes;
• Displaying or disseminating sexual emails, invitations, photographs, cartoons, articles or other written or pictorial materials of a sexual nature;
• Any unwanted physical contact or the blocking or impeding of an employee’s movements;
• Repeated requests for dates after being informed that the interest is unwelcome;
• Abusive or intimidating conduct or remarks directed toward a person or persons based upon their gender, sexual orientation or gender identity; or
• Offering or providing favors or employment benefits such as promotions, favorable evaluations, favorable assigned duties or shifts, etc. in exchange for sexual favors.

Violations of the City’s policy prohibiting sexual harassment may also occur when the intended target of the conduct is not offended, but others reasonably find the conduct to be intimidating, hostile or abusive. The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite gender.

Responsibilities

Each manager and supervisor shall be responsible for preventing and addressing acts of possible sexual harassment. This responsibility includes:

• Monitoring the work environment on a daily basis for signs that sexual harassment may be occurring;
• Counseling all employees on the types of behaviors prohibited and the procedures for reporting and resolving complaints of sexual harassment;
• Stopping any observed acts that may be considered sexual harassment and taking appropriate steps to intervene, whether or not the employee is within his or her line of supervision; and
• Reporting complaints of possible sexual harassment in the workplace to the Human Resources Department.

If a manager or supervisor has any question about whether this policy applies to a situation, they should contact the Human Resources Department before taking any further action.

Failure to carry out the foregoing responsibilities may be grounds for disciplinary action up to and including dismissal. 

Each employee is responsible for assisting in the prevention of sexual harassment through the following acts:

• Attending sexual harassment training as periodically offered by the City;
• Refraining from participation in, or encouragement of, actions that could be perceived as sexual harassment; and
• Reporting acts of sexual harassment, whether of themselves or another employee, to a supervisor.

Complaint Procedures

Any employee who believes that he has been the subject of sexual harassment, or who has witnessed conduct which may be construed as sexual harassment should immediately report the complaint to his supervisor. If the employee prefers not to discuss the complaint with his supervisor or if the complaint involves the employee’s supervisor, the employee should file his or her complaint with the appropriate Department Director or Human Resources. Supervisory staff receiving such a complaint, whether verbal or written, are responsible for reporting all relevant information to the Human Resources Department upon notification.

The Human Resources Department will investigate or coordinate the investigation of any complaint of sexual harassment, except in the instance where a member of the Human Resources Department is either a complainant or is accused of sexual harassment. In such case, the employee’s Department Director or the City Manager’s designee shall conduct or coordinate the investigation.

The investigation of the complaint will normally include conferring with the parties involved and any named or apparent witness. Upon completion of the investigation, any employee found to be in violation of the City’s policy prohibiting sexual harassment will be subject to disciplinary action up to and including dismissal. Any non-employee found to be sexually harassing a City employee in the work environment will be instructed to refrain from further prohibited behavior and will have his or her employer so notified.

Prohibition Against Retaliation

The City of Melbourne will not tolerate any retaliation against any employee who files a sexual harassment complaint or any employee who participates in an investigation of a sexual harassment charge. Concerns of retaliation should be reported to Human Resources immediately.

Any employee who falsely and/or maliciously in bad faith accuses another individual of sexual harassment may be subject to disciplinary action up to and including dismissal.

Any manager or supervisor who ignores a complaint or conduct constituting sexual harassment or who fails to notify the Human Resources Department will be subject to disciplinary action.