What is a Sample Harassment Prevention Policy?

 
It is the policy of the [CITY/TOWN] that harassment, based on a protected class will not be tolerated. Each individual has a right to work in a professional atmosphere that promotes equal employment opportunities and prohibits unlawful discriminatory practices, including harassment. Therefore, employees are expected to act in a professional, cooperative and respectful manner to all contacts. It is the policy of the [CITY/TOWN] to ensure equal employment opportunity without discrimination or harassment on the basis of race, color, religion, national origin, creed, sex, marital status, veteran/military status, genetic history, political belief, age or disability both in or outside the workplace, on or off shift, in person or via electronic communication such as email, social media, etc. Any employee who perceives a conversation or event as harassment, whether the employee is involved or merely observing, should explain to the offender in a calm, but firm manner that the action is perceived as 
inappropriate and the employee wishes the behavior to stop. Should the behavior continue, the employee should report the activity to their supervisor, or the mayor, city manager or their designee. The [CITY/TOWN] encourages reporting of all perceived incidents of discrimination or harassment. It is the policy of the [CITY/TOWN] to promptly and thoroughly investigate such reports with due regard to confidentiality. The results of the investigation will be communicated to the complainant and the offender. Discipline will follow guidance found in the Discipline Policy. A follow up review will be completed if harassment allegations have been made to ensure the harassment has discontinued and all parties involved are not subjected to retaliatory behaviors. Definitions of Harassment. Sexual Harassment: According to the EEOC and Montana Human Rights Bureau, sexual harassment may include, but is not limited to, unwelcome sexual advances, requests for sexual favors, and other verbal or physical advances of a sexual nature. For example: 
• Occasions when such conduct, either explicitly or implicitly, is a term or condition of employment
• Submission to, or rejection of, such conduct by an individual is used as the basis for employment decisions affecting such individuals 
• Such conduct has the purpose or effect of interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.
Sexual harassment may include a range of subtle and not-so-subtle behaviors and may involve individuals of the same or different gender. Examples may include unwanted sexual advances or requests for sexual favors; sexual jokes or innuendo; verbal abuse of a sexual nature; commentary about an individual’s body, sexual prowess or sexual deficiencies; gestures; suggestive objects of pictures or other physical, verbal or visual conduct of a 
sexual nature. Other Harassment: Harassing behavior based on any other protected characteristic. For example: verbal, written or physical conduct that denigrates or shows hostility or aversion toward another because of his/her race, color, religion, national origin, creed, sex, marital status, genetic history, sexual orientation, political belief, age or disability.
3. Governing the Municipality 111 3.12 Compensation 3.1201 Compensation Law
In addition to the broad authority of the city council to determine the compensation of all elected and appointed officials and city employees (MCA 7‐4-4201), municipal compensation must comply with Montana’s Wage and Hour Labor Laws, MCA 39-3. Official statements of policy and procedure are contained in the regulations formally adopted by the Wage and Hour 
Unit of the Montana Department of Labor and Industry. Inquiries about the Montana Minimum Wage laws and other Montana labor laws and their application will be answered by mail, telephone or personal interview at the Department of Labor and Industry Wage and Hour Unit, PO Box 201503, Helena, MT 59620‐1503, (406) 444‐5600, http://erd.dli.mt.gov/labor-standards. Sections of MCA 39‐3-401 to 39-3‐409 provide for minimum wage and hours 
for workers in the state of Montana, delegating to the Commissioner of Labor and Industry the duty of administering the act, and providing enforcement.3.1202 Minimum Wages and Hours
General Provisions of the Wage and Hour Laws – The Montana Minimum Wage Law of 1971 establishes minimum wage, maximum hours and overtime pay for all employment covered under the law – unless specifically exempted. The Montana Minimum Wage Law applies to all workers in Montana. Employees covered by the Fair Labor Standards Act must be paid at least the federal minimum wage but in no case can they be paid less than the wage required by Montana law – unless the law provides for a specific exemption. Montana’s minimum wage is 
determined by MCA 39‐3‐409. The minimum wage is subject to a cost‐of‐living adjustment based on the Consumer Price Index no later than September 30 of each year, which becomes effective January 1 of the following year. The current Montana minimum wage can be found at the Montana Department of Labor and Industry's website. Overtime Payment – Unless specifically exempt by Montana law, all employees must be paid at least one‐and-one half times the employee's regular rate of pay for all hours worked in excess of 40 hours in a work week. Application of the overtime provisions of subsection (1) to the employment of firefighters and law enforcement Sample Harassment Prevention Policy Continued Retaliation No hardship, no loss or benefit, and no penalty may be imposed on an employee as punishment for:
a) Filing or responding to a bona fide complaint of discrimination or harassment;
b) Appearing as a witness in the investigation of a complaint; or
c) Serving as an investigator.
Please report any retaliation to your supervisor, mayor, city manager or designee. Any report of 
retaliatory conduct will be objectively, timely and thoroughly investigated in accordance with the [CITY/TOWN] investigation procedure. Retaliation or attempted retaliation is a violation of this policy and anyone who does so will be subject to disciplinary actions, up to and including termination.