CITY OF LODI

                            ADMINISTRATIVE POLICY AND PROCEDURE MANUAL

 

 

 

 

SUBJECT:                                           :           DISCRIMINATION COMPLAINTS - Procedure

 

DATE ISSUED:                                   :           August 3, 1994

 

SECTION:                                           :           D

 

REFERENCE:                         :           Civil Rights Act of 1964; Age

                                                                        Discrimination in Employment Act of

                                                                        1967; Rehabilitation Act of 1973;

                                                                        Americans With Disabilities Act of

                                                                        1990; Civil Rights Act of 1991;

                                                                        California Government Code;

                                                                        California Fair Employment and

                                                                        Housing Act.

 

 

SECTION 1:                                        PURPOSE

 

                                                            The purpose of this procedure is to identify the means by which the City of Lodi implements its policy on Discrimination, and to establish a procedure for investigating and resolving complaints of alleged discrimination.

 

 

SECTION 2:                                        POLICY IMPLEMENTATION

 

                                                            Each department head is responsible for ensuring that the work environment in his or her department is free from discrimination and harassment by:

 

                                                            A.        Having division heads and supervisors discuss the City policy and complaint resolution procedure with all employees under his or her direction.

 

                                                            B.         Requiring division heads and supervisors to convey to their employees their strong disapproval of discrimination and harassment, to monitor the work environment of their employees, to cooperate in the investigation and resolution of related complaints, and to ensure that employees involved in complaints of discrimination or harassment are not subjected to retaliation.

                                                            A non-employee (such as a contractor, vendor, etc.) who subjects an employee to discrimination and harassment in the workplace shall be informed of the discrimination and harassment policy by the employee's supervisor, division head, or department head and appropriate actions such as contacting the supervisor of the offending person shall be taken to ensure that discrimination and harassment is stopped as soon as possible.  Failure or refusal of contractors or vendors to take appropriate steps to deal with a complaint involving one or more of their employees may result in sanctions such as the cancellation of agreements or denial of the privilege of doing business with the City of Lodi.

 

                                                            In instances where members of the general public harass City employees, the affected employee should promptly notify the person that such conduct is inappropriate, offensive, and unwelcome.  If such conduct persists, the employee should contact his or her supervisor, who shall be responsible to take appropriate action.

 

 

SECTION 2:                                        COMPLAINT RESOLUTION

 

                                                            A.        Informal Procedure:  In order to assure that further incidents do not occur, employees who believe that they have been subjected to discrimination and harassment should promptly inform the person that such conduct is inappropriate, offensive, and unwelcome.  If an issue cannot be immediately resolved, the employee should promptly refer the matter to his or her supervisor, department head, and/or the Personnel Director (or designee), who shall be responsible to investigate and resolve the alleged incident(s).

 

                                                            B.         Formal Procedure:        In the event that informal resolution does not result in a satisfactory conclusion, the employee may pursue formal resolution by providing a written and signed statement of the complaint or submitting the appropriate complaint form available from the Personnel Department to the Personnel Director.  This statement shall include the dates, times, and places of incident(s), a description of the circumstances, and the names of the persons involved and witnesses present.  Employees shall have the right to file such complaints without the fear of reprisal or recrimination.  Employees engaging in acts of reprisal or recrimination resulting from a complaint of discrimination or harassment shall be subject to disciplinary action up to and including termination.  The Personnel Director shall investigate this complaint in a prompt and impartial manner by taking the following steps:

                                                            (1)   Reviewing the written complaint;

 

                                                            (2)        Conduct a thorough, impartial and confidential investigation by interviewing all parties involved or witnesses thereof;

                                                            (3)        Reviewing any pertinent documents or records;

 

                                                            (4)        Preparing a written report regarding the findings and conclusions reached, which shall be furnished to the complainant, the alleged harasser, and the City Manager; and

 

                                                            (5)        Recommending to the City Manager disciplinary action up to and including termination as may be appropriate, in the event that it is determined that discrimination or harassment has occurred.

 

                                                            The severity of the disciplinary action shall be determined by the severity and/or frequency of the offense(s).  The complainant shall be notified of the action(s) to be taken.  If the complainant is not satisfied with the decision, he/she may file an appeal to the City. 

 

 

SECTION 3:                                        CONFIDENTIALITY

 

                                                            To the extent feasible, proceedings under this policy and all reports and records filed shall be confidential to the parties involved, and reasonable efforts shall be made to protect the privacy interests of the parties concerned.