HARASSMENT DISCRIMINATION PREVENTION
POLICY
PURPOSE: The purpose of this policy is to maintain a healthy work environment in which all
individuals are treated with respect and dignity. Federal and Wisconsin law provide for the protection of
classes of persons based on race, color, sex, religion, age, disability, national origin and sexual
orientation. The City of Brookfield considers such harassment to be a serious offense.
The purpose of this policy is to define harassment discrimination, provide procedures for the investigation
of harassment discrimination claims, and ensure that violations are prevented and remedied efficiently
and effectively.
SUMMARY: It is the policy of the City of Brookfield that its employees have the right to work in an
environment free of harassment discrimination. The City will not tolerate such harassment by employees,
volunteers, or other non-employees who conduct business with the City. The City considers such
harassment a form of serious misconduct. Therefore, the City shall take direct and immediate action to
prevent such behavior, and to remedy all reported instances of harassment discrimination. A violation of
this policy can lead to discipline up to and including discharge.
HARASSMENT DISCRIMINATION DEFINED:
Sexual harassment is unwanted sexual attention of persistent or offensive nature made by a person
who knows, or reasonably should know, that such attention is unwanted. Sexual harassment includes
sexually oriented conduct that is sufficiently pervasive or serves to unreasonably interfere with an
employee’s job performance or create an intimidating, hostile, or offensive working environment.
While sexual harassment encompasses a wide range of conduct, some examples of specifically
prohibited conduct include:
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Promising a reward to an employee either directly or indirectly, which is
contingent on the employee complying with a sexually oriented request;
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Threatening to retaliate against an employee, either directly or indirectly, if the
employee refuses to comply with a sexually oriented request;
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Denying an employee an employment-related opportunity, either directly or
indirectly, if the employee refuses to comply with a sexually oriented request;
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Engaging in sexually suggestive physical contact or touching another employee
in a way that is unwelcome;
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Displaying, storing, or transmitting pornographic or sexually oriented materials
using City of Brookfield equipment or facilities;
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Making sexual or romantic advances toward an employee and persisting despite
the employee’s rejection of the advances.
Other forms of harassment discrimination include, but are not limited to, any verbal, written,
visual or physical act(s) that create a hostile, intimidating or offensive work environment, which is
based in whole or in part on the subject’s protected class status. Accordingly, employees shall not
make offensive or derogatory comments to any person, either directly or indirectly, based on race,
color, sex, religion, age, disability, sexual orientation or national origin. Such harassment is a
prohibited form of discrimination under Wisconsin and federal employment law and is also
considered misconduct subject to disciplinary action by the City of Brookfield.
RESPONSIBILITIES:
Employees - Each employee of the City of Brookfield is responsible for assisting in the
prevention of harassment discrimination through the following acts:
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Refraining from participation in, or encouragement of, actions that could be
perceived as harassment discrimination;
Reporting acts of harassment discrimination to a supervisor, or the Human Resources
Director;
Encouraging any employee who confides that he or she is being discriminated against
through harassment to report these acts to a supervisor or the Human Resources
Director.
If an employee believes that he or she has been subject to harassment discrimination or any
unwanted sexual attention, they should:
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Make their unease and disapproval directly and immediately known to the harasser;
Make a written record of the date, time and nature of the incident(s) and the names of
any witnesses; and
Report the incident to their immediate supervisor, or the Human Resources Director.
Supervisors - Supervisors must deal expeditiously and fairly with allegations of sexual
harassment or harassment discrimination within their departments whether or not there has been
a written or formal complaint. Supervisors must:
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Monitor their unit work environment on a daily basis for signs that such harassment
may be occurring;
Counsel all employees on the types of behavior prohibited, and the City’s procedures
for reporting and resolving complaints of such harassment;
Take the appropriate steps to intervene when harassment discrimination is observed,
regardless of whether the involved employees are within his or her line of
supervision;
Act promptly to investigate harassment discrimination or inappropriate sexually
oriented behavior;
Ensure that harassment discrimination or inappropriate sexually oriented conduct is
reported to the Human Resources Director;
Take corrective action to prevent prohibited conduct from recurring;
Take immediate action to prevent retaliation toward the complainant and to eliminate
the hostile work environment where there has been a complaint or direct observation
of harassment, pending investigation.
Human Resources - The Director is responsible for:
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Ensuring that both the individual filing the complaint (hereafter referred to as the
complainant) and the accused individual (hereafter referred to as the respondent) are
aware of the seriousness of a discrimination or sexual harassment complaint;
Explaining the City of Brookfield harassment discrimination policy and investigation
procedures to the complainant and the respondent;
Exploring informal means of resolving the harassment discrimination complaint;
Referring the complainant and respondent to the City of Brookfield Employee
Assistance Program for counseling and referral services, if appropriate;
Notifying the Police Department if criminal activities are alleged; and
If applicable, arranging for an investigation of the alleged harassment discrimination
and the preparation of a written report and recommendations for corrective action.
Failure of any employee to carry out the above responsibilities will be considered a violation of
this policy and subject him or her to disciplinary action.
Complaint Procedures: An employee encountering harassment discrimination is encouraged to inform
the person that his or her actions are unwelcome and offensive. This initial contact can be either verbal or
in writing.
If unresolved through initial contact, an employee who believes that he or she is being discriminated
against through harassment shall report the incident(s) as soon as possible so that steps may be taken to
protect the employee from further harassment, and that an appropriate investigation can be conducted.
The employee should report the incident(s) to his or her supervisor; however, the employee has the option
of reporting to another Department Head, or the Director of Human Resources. The employee should
document all incidents of harassment discrimination in order to provide a full basis for investigation.
To ensure the prompt and thorough investigation of a harassment discrimination or sexual harassment
complaint, the complainant should provide as much of the following information as possible:
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The name, department and position of the person or persons allegedly causing the
harassment discrimination;
A description of the incident(s), including the date(s), location(s), and the presence of
any witnesses;
The alleged effect of the incident(s) on the complainant’s position, salary, benefits,
promotional opportunities, or other terms or conditions of employment;
The names of other employees who might have been subject to the same or similar
harassment discrimination;
The steps, if any, the complainant has taken to try to stop the harassment
discrimination; and
Any other information the complainant believes to be relevant to the complaint.
THE INVESTIGATION:
Informal Resolution: Employees often can stop or prevent harassment discrimination or sexual
harassment by immediately and directly expressing their disapproval of an individual’s sexually oriented
attention or conduct. The same is true for harassment discrimination that is not sexually oriented. In any
case, employees should report all incidents of harassment discrimination or inappropriate sexually
oriented conduct to their supervisor or to the Director of Human Resources.
In many cases, a supervisor's informal warning to an alleged harasser combined with appropriate followup supervision and monitoring of the employee's behavior may be sufficient to prevent or stop
harassment.
Formal Resolution: The Director of Human Resources is responsible for ensuring that an impartial
investigation begins within ten (10) working days after a formal complaint has been filed. The City of
Brookfield will attempt to complete investigations within fifteen (15) working days. Except in the most
unusual circumstances, investigations should be completed within thirty (30) working days.
In most cases, the Human Resources Director appoints a qualified independent outside investigator to
lead the investigation, if necessary, to expedite the resolution of a complaint or resolve any potential
conflict of interest.
The appointed investigator shall be responsible for investigating any complaint alleging harassment
discrimination.
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The investigator shall immediately notify the Human Resources Director of
complaints that contain evidence of criminal activity, such as battery, or sexual
assault for referral to the Police Department or other appropriate agency.
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The written report shall include findings of fact that include a determination as to
whether other employees are being harassed by the person, and whether other
employees participated in or encouraged the harassment discrimination.
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The written report shall include appropriate recommendations which may include
disciplinary action. The Human Resources Director will disseminate the report to the
parties involved.
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The Human Resources Director shall maintain a confidential file of harassment
discrimination complaints.
Confidentiality: The confidentiality of all parties involved will be maintained throughout the
investigatory process to the extent practical and appropriate under the circumstances, and to the extent
allowed by law.
Report and Recommendations: The appointed investigator will prepare a written report and
recommendation immediately following the completion of the investigation. Except in the most unusual
circumstances, the report shall be completed within fifteen (15) working days after the completion of the
investigation.
A copy of the report and recommendation will be sent to the complainant, respondent, and the immediate
supervisor of the employee. The report is a confidential document. The Human Resources Director,
along with the supervisor (unless the supervisor is involved in the complaint) will meet with the parties to
explain the decision and implement any corrective action or discipline.
Either party can respond in writing to the report and decision within ten (10) working days of the receipt
of the report.
Discipline: Employees who are found to have violated this policy, either by encouraging or engaging in
harassing discrimination behavior will be subject to appropriate discipline.
The level of discipline will be determined by the nature of the offense and range from a written reprimand
up to and including discharge.
Retaliation: Retaliation against any employee for filing a harassment discrimination complaint; or for
assisting, testifying, or participating in the investigation of such a complaint, is illegal and is prohibited by
the City.
Retaliation is a form of employee misconduct. Any evidence of retaliation shall be considered a separate
violation of this policy and shall be handled by the same complaint procedures established for harassment
discrimination complaints.