As used in this article, the following terms shall have the
meanings indicated:
PROHIBITED DISCRIMINATION OF EMPLOYEES
A.
Prohibited discrimination of employees can take the form of
any negative treatment of an employee, by either a City employee or
official, or a third party engaged in City-sponsored activities which:
(1)
Negatively impacts an employee's employment opportunities
and/or employment benefits; and
(2)
Is based upon the employee's sex or sexual orientation.
B.
Prohibited discrimination of employees can also take the form
of harassment even where there is no tangible impact upon the employee's
employment opportunities and/or employment benefits. The phrase "prohibited
discrimination" as used in this policy includes all forms of "sexual
harassment" (defined below).
SEXUAL HARASSMENT
A.
Sexual harassment is a form of sex discrimination and is unlawful
under federal, state, and (where applicable) local law. Sexual harassment
includes harassment on the basis of sex, sexual orientation, self-identified
or perceived sex, gender expression, gender identity and the status
of being transgender.
B.
Sexual harassment includes unwelcome conduct which is either
of a sexual nature, or which is directed at an individual because
of that individual's sex when:
(1)
Such conduct has the purpose or effect of unreasonably interfering
with an individual's work performance or creating an intimidating,
hostile or offensive work environment, even if the reporting individual
is not the intended target of the sexual harassment;
(2)
Such conduct is made either explicitly or implicitly a term
or condition of employment; or
(3)
Submission to or rejection of such conduct is used as the basis
for employment decisions affecting an individual's employment.
C.
A sexually harassing hostile work environment includes, but
is not limited to, words, signs, jokes, pranks, intimidation or physical
violence which are of a sexual nature, or which are directed at an
individual because of that individual's sex. Sexual harassment
also consists of any unwanted verbal or physical advances, sexually
explicit derogatory statements or sexually discriminatory remarks
made by someone which are offensive or objectionable to the recipient,
which cause the recipient discomfort or humiliation, which interfere
with the recipient's job performance.
D.
Sexual harassment also occurs when a person in authority tries
to trade job benefits for sexual favors. This can include hiring,
promotion, continued employment or any other terms, conditions or
privileges of employment. This is also called "quid pro quo" harassment.
E.
Any employee who feels harassed should report so that any violation
of this policy can be corrected promptly. Any harassing conduct, even
a single incident, can be addressed under this policy.
F.
Examples of sexual harassment. The following describes some
of the types of acts that may be unlawful sexual harassment and that
are strictly prohibited:
(1)
Physical acts of a sexual nature, such as:
(a)
Touching, pinching, patting, kissing, hugging, grabbing, brushing
against another employee's body or poking another employee's
body;
(b)
Rape, sexual batter, molestation or attempts to commit these
assaults.
(2)
Unwanted sexual advances or propositions, such as:
(a)
Requests for sexual favors accompanied by implied or overt threats
concerning the target's job performance evaluation, a promotion
or other job benefits or detriments;
(b)
Subtle or obvious pressure for unwelcome sexual activities.
(3)
Sexually oriented gestures, noises, remarks or jokes, or comments
about a person's sexuality or sexual experience, which create
a hostile work environment.
(4)
Sex stereotyping occurs when conduct or personality traits are
considered inappropriate simply because they may not conform to other
people's ideas or perceptions about how individuals of a particular
sex should act or look.
(5)
Sexual or discriminatory displays or publications anywhere in
the workplace, such as:
(a)
Displaying pictures, posters, calendars, graffiti, objects,
promotional material, reading materials or other materials that are
sexually demeaning or pornographic. This includes such sexual displays
on workplace computers or cell phones and sharing such displays while
in the workplace.
(6)
Hostile actions taken against an individual because of that
individual's sex, sexual orientation, gender identity and the
status of being transgender, such as:
(a)
Interfering with, destroying or damaging a person's workstation,
tools or equipment, or otherwise interfering with the individual's
ability to perform the job;
(b)
Sabotaging an individual's work;
(c)
Bullying, yelling, name-calling.
G.
Who can be a target of sexual harassment?
(1)
Sexual harassment can occur between any individuals, regardless
of their sex or gender. New York Law protects employees, paid or unpaid
interns, and nonemployees, including independent contractors, and
those employed by companies contracting to provide services in the
workplace. Harassers can be a superior, a subordinate, a coworker
or anyone in the workplace, including an independent contractor, contract
worker, vendor, client, customer or visitor.
H.
Where can sexual harassment occur?
(1)
Unlawful sexual harassment is not limited to the physical workplace
itself. It can occur while employees are traveling for business or
at employer-sponsored events or parties. Calls, texts, e-mails, and
social media usage by employees can constitute unlawful workplace
harassment, even if they occur away from the workplace premises, on
personal devices or during nonwork hours.
Any questions by employees of the City about this policy or
potential discrimination should be brought to the attention of one
of the City's Compliance Officers. The names, addresses, and
telephone numbers of the City's Compliance Officers shall be
made available to all employees.
The Mayor shall appoint at least two employees of the City to
serve as Compliance Officers, one of whom should be the Deputy Corporation
Counsel. Any person serving as a Compliance Officer shall no longer
serve as such upon his/her termination from employment with the City.