Legislation to help victims of sexual harassment in city work places.
Sponsors: Councilmember Oh
Officer or Employee. An “officer” or “employee” is [A]any person who is
elected or appointed to a position in any branch of the government of the City and/or
County of Philadelphia or to any elected or appointed position which serves the City
and/or County of Philadelphia including, but not limited to, members of agencies;[,]
authorities—including the Philadelphia Parking Authority; boards and commissions
including the School Reform Commission and the Philadelphia School District—however
elected or appointed; persons serving full-time or intermittently; persons serving with or
without compensation.
(3) Retaliatory Personnel Action. For purposes of this Section of the Code,
“retaliatory personnel action” shall include, but not be limited to:
(a) a termination of employment;
(b) a demotion;
(c) a disciplinary or corrective action;
(d) an unwanted detail, transfer, or reassignment;
(e) a negative performance evaluation;
(f) a negative decision concerning pay, benefits, or other compensation, or
concerning education or training if the education or training may reasonably
be expected to lead to an appointment, promotion, performance evaluation, or
other action that would effect pay, benefits, or other compensation;
(g) a decision to order psychiatric testing or examination;
(h) the implementation or enforcement of any nondisclosure policy, form, or
agreement; or
(i) any other significant change in duties, responsibilities or working conditions.
(4) Sexual Harassment. “Sexual Harassment includes, but is not limited to, physical
assaults of a sexual nature; unwelcome sexual advances, propositions, or other sexual
comments; requests for sexual favors; offensive remarks about a person’s gender or
sexual orientation; or sexually-related acts or comments that are so frequent or severe
that they create a hostile or offensive work environment or result in the victim being
subjected to negative personnel actions.