Board Resolution 2019-08-10(d)

Meeting room

Topic: IMRF Board
Subtopic: Ethics - Policy Against Harassment
Date: 8/23/2019
Status: Active

WHEREAS, section 7-198 of the Illinois Pension Code authorizes the Board of Trustees of the Illinois Municipal Retirement Fund to establish rules necessary or desirable for the efficient administration of the Fund; and

WHEREAS, recent legislation requires an amendment to the IMRF Policy Against Harassment found in the Board Ethics Policy (2017-12-16); and

WHEREAS, it is appropriate that the Board amend its Policy Against Harassment.

NOW THEREFORE BE IT RESOLVED that the Board of Trustees of the Illinois Municipal Retirement Fund does hereby adopt the following amended Policy Against Harassment:

It is the desire of the Board of Trustees that employees work in an atmosphere free from all forms of harassment. Therefore, this policy prohibits all types of harassment, including, but not limited to, harassment based on: sex, race, color, religion, national origin, age, marital status, disability, handicap, sexual orientation, gender identity, or any other classification protected under applicable law. This policy extends to each and every level of IMRF. Accordingly, harassment, whether by an employee, a Trustee, an IMRF member or annuitant, a customer, a member of management, or a visitor will not be tolerated. Activities of this nature are unlawful and serve no legitimate purpose; they have a disruptive effect on an individual’s ability to perform his/her job, and they undermine the integrity of the employment relationship.

Harassment is verbal or physical conduct relating to an individual’s sex, race, color, religion, national origin, age, marital status, disability, handicap, sexual orientation, gender identity, or any other classification protected under applicable law when this conduct:

  1. Has the purpose or effect of creating an intimidating, hostile, or offensive working environment;
  2. Has the purpose or effect of unreasonably interfering with an individual’s work performance; or
  3. Otherwise adversely affects an individual’s employment opportunities

We recognize examples of conduct that may constitute prohibited harassment include: slurs, jokes, cartoons, stereotypes, statements, etc., based upon sex, race, color, religion, national origin, age, marital status, disability, handicap, sexual orientation, gender identity, any other classification protected under applicable law, and unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

  1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;
  2. An individual’s submission to or rejection of such conduct is used as a basis for an employment decision affecting that individual; or
  3. The purpose or the effect of such conduct is to substantially interfere with the affected individual’s work performance or to create an intimidating, hostile, or offensive work environment.

Although the above defines “unlawful” harassment, it is also a violation of this policy to commit or engage in any unprofessional or inappropriate conduct based on any protected classification, whether or not such conduct rises to the level of “unlawful” harassment.

Retaliation against any individual who has complained about harassment, filed a charge of harassment, or who otherwise participated in an investigation of harassment will not be tolerated.

Reports of violations of this Policy may be made to Supervisors, Managers, Directors, the Director of Human Resources or the Executive Director.

No Supervisor, Manager or Director has the authority to condition any tangible job benefit on an employee’s putting up with or agreeing to any conduct that may violate this policy. If an employee believes that he or she has been deprived of any job benefit or that he or she has been threatened, he or she should immediately report it to one of the individuals listed above. Supervisors, Managers and Directors must report immediately to the Executive Director and/or the Director of Human Resources any incidents that they hear about or observe that may constitute a violation of this policy.

If the allegations involve the Director of Human Resources, then Supervisors, Managers and Directors should report the incident(s) to the Executive Director. If the allegations involve the Executive Director, Supervisors, Managers and Directors should report the incident(s) to the President, Vice President and/or Secretary of the Board of Trustees.

If a Trustee makes allegations involving another Trustee, the Trustee making the allegations should report the incident(s) to the Executive Director or the Director of Human Resources.

The confidentiality of harassment allegations will be protected to the extent possible under the circumstances. IMRF will actively investigate all harassment complaints, and, if it is determined that harassment has occurred, management will take appropriate disciplinary action against the offending party, up to and including immediate termination of employment.

Retaliation against any person who has complained about harassment, filed a charge of harassment, or who otherwise participated in an investigation of harassment will not be tolerated. Furthermore, no Supervisor, Manager, Director, or Trustee has the authority to require anyone to tolerate or agree to any conduct that violates this policy in order to receive any job benefit, including compensation, duties, assignments, promotions, etc. Such activities are unlawful and will result in severe discipline, up to and including immediate termination of employment.

Pursuant to the Whistleblower Act (740 ILCS 174/15(a)), an employer may not retaliate against an employee who discloses information in a court, an administrative hearing, or before a legislative commission or committee, or in any other proceeding, where the employee has reasonable cause to believe that the information discloses a violation of a State or federal law, rule, or regulation. In addition, an employer may not retaliate against an employee for disclosing information to a government or law enforcement agency, where the employee has reasonable cause to believe that the information discloses a violation of a State or federal law, rule, or regulation. (740 ILCS 174/15(b)).

IMRF acknowledges a person’s right to contact the Illinois Department of Human Rights (IDHR) at the James R. Thompson Center, 100 Randolph Street, Suite 10-100, Chicago, Illinois 60601, about filing a formal complaint. The IDHR will investigate a complaint, and, if it determines that there is sufficient evidence of harassment to proceed further, it will file a complaint with the Illinois Human Rights Commission (HRC), located at the same address on the fifth floor. If the IDHR does not complete its investigation within 365 days, a complaint may be filed directly with the HRC between the 365th and the 395th day.

Also a complaint may be filed with the Equal Employment Opportunity Commission (EEOC) at 500 West Madison Street, Suite 2800, Chicago Illinois 60661.

Anyone filing a complaint concerning a violation or suspected violation of this Policy must be acting in good faith and have reasonable grounds for believing the information disclosed indicates a violation of the Policy. Any allegations which prove to have been made maliciously or known to be false will be viewed as a serious disciplinary offense.