All employees have the right to work in an environment free of harassment. The purpose of this policy is to define and forbid unlawful harassment, to prohibit the condoning or perpetuating of such conduct, and to provide a means of reporting and resolving complaints.

The City of Melbourne is committed to maintaining a work environment free of harassment based upon sex, race, religion, color, national origin, disability, marital status, age, sexual orientation, gender identity, pregnancy, military service, veteran status, or any other status protected by federal, state or local laws. The City will not tolerate unlawful harassment of any employee by any supervisors, co-workers, vendors, clients or anyone else. Workplace harassment may violate federal or state law. All personnel are responsible for maintaining a workplace that is free of unlawful harassment. 

The City is committed to promptly and thoroughly investigating all complaints of unlawful harassment. If, after an appropriate investigation, it is determined that a violation of the City’s policy prohibiting unlawful harassment has occurred, immediate corrective actions, including appropriate disciplinary action up to and including dismissal may be taken.

Definition of Unlawful Harassment

Unlawful harassment is verbal or physical conduct that denigrates or shows hostility or aversion toward an individual because of the individual’s race, color, religion, gender, national origin, age, marital status, disability, genetic information, pregnancy or veteran or military status, or any other status or characteristic protected by federal, state or local laws.

Examples of Prohibited Unlawful Harassment

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

• Conduct that has the purpose or effect of creating an intimidating, hostile or offensive working environment;
• Conduct that has the purpose or effect of unreasonably interfering with an individual’s work performance;
• Conduct that otherwise adversely affects an individual’s employment opportunities or benefits;
• Epithets, slurs, negative stereotyping or threatening, intimidating or hostile acts that relate to an individual’s protected status or a protected characteristic;
• Written or graphic material, including emails and computer screen displays, that denigrates or shows hostility toward an individual or group because of a legally protected status or characteristic and that is placed on walls, bulletin boards, or elsewhere on the City’s premises, or circulated in the workplace. This also includes acts that purport to, or are meant to be, jokes or pranks, but that are hostile or demeaning, such as hate mail, threats, defaced photographs or other such conduct.

Violations of the City’s policy prohibiting unlawful 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.

Responsibility to Prevent and Report Harassment

It is the responsibility of all directors, managers and supervisors to prevent and eliminate harassment or other inappropriate conduct in their respective work areas. They shall immediately notify the Human Resources Department of any complaints of harassment or inappropriate conduct in the workplace.

It is the responsibility of any employee who believes he or she is being unlawfully harassed or that another employee is being unlawfully harassed, to report such conduct in accordance with this policy.

It is the responsibility of each employee to assist in the prevention of unlawful harassment by refraining from participation in, or encouragement of, any actions that could be perceived as unlawful harassment. 

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

Complaint Procedures

Any employee who believes that he is being unlawfully harassed should advise the offending party how they feel about such activities or remarks and request that the person cease such activities or remarks immediately. If the employee does not feel comfortable approaching the person they feel is harassing them or if that person does not respect and follow the employee’s request, the employee 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 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 immediately upon notification.

The Human Resources Department will investigate or coordinate the investigation of any complaint of unlawful harassment, except in the instance where a member of the Human Resources Department is either a complainant or is accused of unlawful 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 unlawful harassment will be subject to disciplinary action up to and including dismissal. Any non-employee found to be unlawfully 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 complaint of unlawful harassment or any employee who participates in an investigation of an unlawful 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 unlawful harassment may be subject to disciplinary action up to and including dismissal.

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