Sexual harassment policy in the City and County of San Francisco

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Purpose

Retaliation against anyone filing a complaint, a sexual harassment report, or participating in an investigation of sexual harassment is not allowed. 

Examples of retaliation include:

• Transferring the complainant or witness against their will;
• Ignoring the complainant or witness;
• Spreading rumors and innuendoes about the complainant or witness;
• Changing work assignments of the complainant or witness without a valid work-related rationale;
• Sabotaging of tools, materials, or work of the complainant or witness; and
• Withholding work-related information from the complainant or witness.

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Policy

The City and County of San Francisco (City) employees have the right to work in a place free of discrimination and sexual harassment. All employees treat everyone with respect and dignity.

This policy applies to all City employees, but is not limited to:

• Clients
• General public
• Interns
• New hires
• Promotion or demotion
• Testing
• Termination
• Transfer
• Volunteers

To create a safe workplace for employees, the City takes steps to:

• Set an example through leadership and management that sexual harassment is not allowed;
• Train and educate management and public officials to carry out the policy of the City and County; and
• Train and educate employees about sexual harassment issues and policy

If a person wishes to file a complaint, contact the Human Resources Department - Equal Employment Opportunity division.

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Defining sexual harassment

• Unwelcome sexual advances
• Request for sexual favors

Other verbal or physical conduct of a sexual nature directed at an individual because of the individual's sex when:

• Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; or
• Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting said individual; or
• Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.

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Examples of behaviors

• Acts from male to female, female to male and between individuals of the same sex which are sexual in nature and unwelcome; sexual harassment may be directed against a particular person, persons or group;
• Verbal conduct which is sexual in nature and unwelcome, e.g., epithets, jokes, comments or slurs, repeated requests for dates which are unwelcome;
• Nonverbal behavior which is sexual in nature and unwelcome, e.g., staring, leering, lewd gestures;
• Physical conduct which is sexual in nature and unwelcome, e.g., assault, sexual advances such as touching, patting or pinching, impeding or blocking movement or any physical interference with normal work or movement;
• Visual effects which are sexual in nature and unwelcome, e.g., posters or signs, letters, poems, graffiti, faxes, cartoons or drawings, pictures, calendars, electronic mail and computer programs;
• Consensual romantic relationships between a supervisor or manager and a subordinate do not constitute sexual harassment per se and are not prohibited by this policy, but may create a potential for conflict or an appearance of impropriety.

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Right to file a complaint

This policy should not change or affect the right of any person to make a charge of discrimination with any State or federal agency with jurisdiction over such claims, file a grievance under a collective bargaining agreement, or consult a private attorney.

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Education and training

Prevention is the best tool for the elimination of sexual harassment. All City and County commissions, departments, boards, and agencies shall provide to each of their supervisory employees a copy of this ordinance with a written explanation of the most current procedure for filing a complaint. Each appointing officer shall require their supervisory personnel to instruct all employees under their supervision of the contents of this ordinance and of the Civil Service and Human Resources Department procedures for filing and processing a complaint. Each appointing officer shall provide to or acquire for its supervisory personnel a periodic training program designed to educate and thereby prevent sexual harassment.

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Complaints filed with the City

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Quarterly reports

• The Human Resources Director provides, on a quarterly basis, to the Commission on the Status of Women a written report on the number of sexual harassment complaints filed and the departments that were involved. The report also includes information on the complaints that are concluded and the status of complaints that are pending. The reports will not include names or other identifying information regarding the parties or the alleged harassers.

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Annual reports

• The Human Resources Director provides annually to the Mayor, the Board of Supervisors, the Human Rights Commission, and the Commission on the Status of Women a written report on the number of claims of sexual harassment filed, including information on the number of claims pending and the departments in which claims have been filed. The reports will not include names or other identifying information regarding the parties or the alleged harassers.

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Resources

• The Commission on the Status of Women is available to offer technical advice on this City and County policy, assistance and referrals for sexual harassment complainants, technical assistance and additional resources to supervisory employees and managers regarding sexual harassment, and to assist in the prevention of sexual harassment incidents.
• The City and County of San Francisco is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, any obligations for which it is liable in money damages or otherwise to any person who claims that such breach proximately caused injury.

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