[HISTORY: Adopted by the Board of Selectmen of the Town of
Groton 7-20-2015.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Personnel — See Ch. 48.
[1]
Editor's Note: This enactment also superseded former
Ch. 245, Harassment Policy, adopted 5-23-2005.
The purpose of this chapter is to define a Code of Conduct and
prohibit unlawful discrimination and harassment in the workplace,
in order to ensure compliance with all applicable federal laws and
state statutes and regulations.
The policy applies to all employees of the Town of Groton. Employees
whose employment is governed by a collective bargaining agreement
are subject only to those provisions of this chapter not specifically
regulated by law or agreement.
It is the policy of the Town to promote a professional and productive
workplace in which all employees are treated with dignity and respect.
Employees are expected to act in a positive manner and contribute
to a productive work environment that is free from harassing or disruptive
activity. Discrimination, including harassment, whether based upon
race, color, gender, gender identity, national origin, religion, ancestry,
age, sexual orientation, disability, maternity leave, genetic information,
active military status, or other bases prohibited under state or federal
antidiscrimination statutes, will not be tolerated. To achieve the
goal of providing a workplace free from discrimination, the Town will
implement the procedure described below to address any potential inappropriate
conduct.
A.
Coverage.
(1)
This chapter applies to all employment practices and employment programs
sponsored by the Town. This chapter shall apply, but not be limited
to, the areas of:
(2)
This chapter may apply to discrimination (including harassment) that
occurs between coworkers that takes place outside the workplace (including,
but not limited to, online conduct or conduct utilizing the Internet
or other electronic media). When the conduct complained of occurs
outside of the workplace, the Town may consider the following and
other factors in assessing whether the conduct constitutes conduct
in violation of this chapter:
(a)
Whether the event at which the conduct occurred is linked to
the workplace in any way, such as at a Town-sponsored function;
(b)
Whether the conduct occurred during work hours;
(c)
The severity of the alleged outside-of-work conduct;
(d)
The work relationship of the complainant and alleged harasser,
which includes whether the alleged harasser is a supervisor and whether
the alleged harasser and complainant come into contact with one another
on the job;
(e)
Whether the conduct adversely affected the terms and conditions
of the complainant's employment or impacted the complainant's
work environment.
(3)
Because the Town takes allegations of unlawful discrimination and
harassment seriously, officials will respond promptly to complaints
and, where it is determined that such inappropriate conduct has occurred,
will act promptly to eliminate the conduct and impose such corrective
action as is necessary, including disciplinary action where appropriate.
(4)
Please note that while this chapter sets forth the Town's goals
of promoting a workplace that is free of discrimination and harassment,
the policy is not designed or intended to limit the Town's authority
to discipline or take remedial action for workplace conduct which
is deemed unacceptable, regardless of whether that conduct satisfies
the legal definitions of discrimination or harassment.
B.
Examples of prohibited discriminatory behavior. It is not possible
to list all the circumstances that may constitute discrimination in
violation of this chapter. Discrimination may take many forms, including
both verbal and nonverbal behaviors. Prohibited behavior includes,
but is not limited to, the following behaviors connected to someone's
membership in one or more groups protected by law as noted in the
first subsection above: slurs or other derogatory comments; sharing
demeaning pictures, cartoons, or jokes; demeaning gestures; and any
conduct constituting sexual harassment.
C.
Definition of sexual harassment.
It is unlawful to harass a person (an applicant or employee)
because of that person's sex. Harassment can include "sexual
harassment" or unwelcome sexual advances, requests for sexual favors,
and other verbal or physical harassment of a sexual nature.
Harassment does not have to be sexual nature, however, and can
include offensive remarks about a person's sex. For example,
it is illegal to harass a woman by making offensive comments about
women in general.
Both the victim and the harasser can be either a woman or a
man, and the victim and the harasser can be the same sex.
The harasser can be the victim's supervisor, a supervisor
in another area, a coworker, or someone who is not an employee of
the employer, such as a client or customer.
(1)
Generally. There are two types of sexual harassment: "quid pro quo"
harassment and "hostile work environment" harassment. They may occur
independently or concurrently.
(a)
Quid pro quo. A form of sexual harassment, where tangible job
benefits are offered or withheld in exchange for sexual favors. Under
this definition, direct or implied requests by a supervisor for sexual
favors in exchange for actual or promised job benefits, such as favorable
reviews, salary increases, promotions, increased benefits, or continued
employment, constitute sexual harassment. That conduct, including
unwelcome sexual advances, requests for sexual favors, and other verbal
or physical conduct of a sexual nature, which may constitute sexual
harassment when:
[1]
Submission to such conduct is made explicitly or implicitly
a term or condition of an individual's employment;
[2]
Submission to or rejection of such conduct by an individual
is used as the basis for employment decisions affecting such individual;
or
[3]
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.
(b)
Hostile work environment. A form of sexual harassment where
pervasive and sexually hostile working conditions unreasonably interfere
with an employee's ability to do his or her job. Note: While
it is not possible to list all those additional circumstances that
may constitute sexual harassment, the following are some examples
of conduct which, if unwelcome, may constitute sexual harassment depending
upon the totality of the circumstances, including the severity of
the conduct and its pervasiveness:
[1]
Unwelcome sexual advances, whether they involve physical touching
or not;
[2]
Sexual epithets, jokes, written or oral references to sexual
conduct, gossip regarding one's sex life; comment on an individual's
body, comment about an individual's sexual activity, deficiencies,
or prowess;
[3]
Displaying sexually suggestive objects, pictures, cartoons;
[4]
Unwelcome leering, whistling, brushing against the body, sexual
gestures, suggestive or insulting comments;
[5]
Inquiries into one's sexual experiences; and
[6]
Discussion of one's sexual activities.
(2)
The legal definition of sexual harassment is broad, and in addition
to the above examples, other sexually oriented conduct, whether it
is intended or not, that is unwelcome and has the effect of creating
a workplace environment that is hostile, offensive, intimidating,
or humiliating to male or female workers, may also constitute sexual
harassment. This can include conduct that is aimed at a person's
sexual orientation or gender identity.
A.
Complaints of sexual harassment.
(1)
If an employee believes that he or she has been subjected to sexual
harassment, it is the Town's policy to provide the employee with
the right to file an internal complaint. This may be done orally or
in writing.
(2)
An employee may file a complaint of sexual harassment by contacting
the Human Resources Director. Alternatively, an employee may file
his or her complaint with the Town Manager. These persons will remain
available to discuss any concerns employees may have and to provide
information about the Town's policy on sexual harassment and
the complaint process.
B.
Sexual harassment investigation.
(1)
When a complaint of sexual harassment is received, the Town will
promptly investigate the allegation in a fair and expeditious manner.
The investigation will be conducted in such a way as to maintain confidentiality
to the extent practicable under the circumstances. The Town's
investigation will include a private interview with the person filing
the complaint and with any witnesses. The Town will also interview
the person alleged to have committed sexual harassment. When the investigation
has concluded, the Town will, to the extent appropriate, inform the
person filing the complaint and the person alleged to have committed
the conduct of the results of that investigation.
(2)
If it is determined that inappropriate conduct has occurred, the
Town will act promptly to eliminate the offending conduct and, where
appropriate, impose disciplinary action.
D.
Confidentiality.
(1)
Given the sensitive nature of complaints of discrimination and/or
harassment, all parties and witnesses in a complaint, as well as department
heads, supervisors, etc., who are aware of a complaint or investigation
thereof, are strongly encouraged to maintain this information as confidential,
so as not to negatively impact an investigation. The investigation
will be conducted in such a way as to maintain confidentiality to
the extent practicable under the circumstances.
(2)
All employees are reminded of the provisions of MGL C. 268A, § 23(c)(2),
which prohibit a municipal employee or official from improperly disclosing
information that is protected from disclosure under the public records
law and acquired by an employee or official in the course of official
duties. Section 23 also prohibits a municipal employee or official
from using such information to further the employee's/official's
personal interest. Violations of Section 23 may lead to disciplinary
action, up to and including termination.
E.
Retaliation.
(1)
Any retaliation against an individual who has formally or informally
complained about discrimination, including harassment, or has cooperated
with an investigation of a discrimination complaint, is prohibited.
(2)
Retaliation can be overt or subtle. Retaliation may include, but
is not limited to, treating a complainant or witness differently,
more harshly or in a hostile manner; physical interference with movement
such as blocking a path; derogatory comments or action which would
tend to have a chilling effect on other complainants; sudden investigations
of the complainant's private life, or sudden strict enforcement
of work rules. Retaliation in any form will not be tolerated.
Violence in the workplace will not be tolerated. For the purposes
of this chapter, workplace violence is any behavior which is intended
(or a reasonable person may perceive is intended) to abuse or injure
a person or damage or destroy property in the workplace, including,
but not limited to, bullying, threats, physical, verbal, written or
visual attack, or property damage. The following definitions are incorporated
to assist employees to more fully understand the nature of the behavior
prohibited by this chapter. Note, workplace violent behavior is not
limited to only these descriptions:
Bullying will not be tolerated in the workplace. Bullying
is the use of force, threat, or coercion to abuse, intimidate, or
aggressively dominate others. The behavior is often repeated and habitual.
Bullies often vary their tactics hour to hour, day to day. Bullying
includes, but is not limited to, verbal abuse (i.e., shouting, swearing,
name calling, malicious sarcasm, threats to safety); behaviors/actions
(i.e., public or private that are threatening, intimidating, humiliating,
hostile, offensive, inappropriately cruel); abuse of authority (i.e.,
underserved evaluations, denial of advancement, tarnished reputation,
arbitrary instructions, unsafe assignments); interference with work
performance (i.e., sabotage, undermining, ensuring failure); or destruction
of workplace relationships (i.e., among coworkers, bosses, or customers).
Intentional hostile physical contact with another person
or an object such as hitting, fighting, pushing, shoving, or throwing.
Intentional damage (as a reasonable person may presume by
the nature of the damage) to property, which includes property owned
by the town, employees, or others.
Expression of intent to cause physical or mental harm, regardless
of whether the person communicating the threat has the present ability
to carry out the threat, and regardless of whether the threat is contingent,
conditional or future.
Intentional hostile communication (including recorded messages)
with another person, such as abusive outbursts, verbal tirades intended
to offend, offensive comments, or use of obscene or threatening language.
The use of bodily gestures that are threatening, obscene,
or abusive.
The use of printed, electronic or social media, including
notes, letters, drawings, pictures, or computerized mail, to threaten,
abuse, ridicule, or harass people or to threaten property.
If it is determined that inappropriate conduct has been committed
by an employee, the Town will take such action as is appropriate under
the circumstances. Such actions may include counseling, informal or
formal reprimands, written or verbal warnings, suspension, reduction
in pay, reduction in duties, transfers, and other formal sanctions,
including termination from employment.
In addition to the above, if an employee believes he or she
has been subjected to sexual harassment, he or she may file a formal
complaint with either or both of the government agencies listed below.
Using the Town's complaint process does not prohibit an employee
from filing a complaint with either of these agencies. Please note
that both agencies have a short time period for filing a claim (300
days).
A.
The United States Equal Employment Opportunity Commission (EEOC).
|
John F. Kennedy Federal Building
475 Government Center
Boston, MA 02203
Phone: (800) 669-4000
TTY: (800) 669-6820
|
B.
The Massachusetts Commission Against Discrimination (MCAD).
|
Boston Office
One Ashburton Place
Sixth Floor, Room 601
Boston, MA 02108
Phone: 617-994-6000
TTY: 617-994-6196
|
Springfield Office
436 Dwight Street
Second Floor, Room 220
Springfield, MA 01103
(413) 739-2145
| |
|
Worcester Office
Worcester City Hall
455 Main Street, Room 100
Worcester, MA 01608
(508) 799-8010
(508) 799-8490 - FAX
|
New Bedford Office
800 Purchase St., Rm 501
New Bedford, MA 02740
(508) 990-2390
(508) 990-4260 - FAX
|
The Employee Assistance Program is available to all employees.
This is available 24/7 to assist employees with work issues. The number
is 1-800-451-1834.
A.
The Town will not discriminate against people with disabilities in
any employment practices or in terms, conditions or privileges of
employment, including, but not limited to, application, testing, hiring,
assignment, evaluation, disciplinary action, training, promotion,
medical examination, layoff/recall, termination, compensation, leaves
or benefits. The Town will make reasonable accommodation to the known
physical or mental limitations of a qualified applicant or employee
with a disability, unless such action would cause an undue hardship
to the operations of the Town.
B.
Employees seeking reasonable accommodations may submit their request
in writing to their Department Head, Human Resources, or the Town
Manager.
Employees are expected to conduct themselves professionally
internally and with the public. This will enhance respect and confidence
in the employee and the Town. Employees must not only perform their
duties with integrity but must avoid unprofessional behavior. In addition,
it is expected that all visitors of all Town departments and facilities
comply with the "Visitors Code of Conduct." See attached for policy.[1]
[1]
Editor's Note: The Visitors Code of Conduct is included as an attachment to this chapter.
The Town will not discriminate in its employment practices on
the basis of race, color, gender, gender identity, national origin,
religious creed, ancestry, age, sexual orientation, disability, maternity
leave, genetic information, active military status, or another basis
prohibited under state or federal antidiscrimination statutes. This
shall include such areas as recruitment, selection, compensation and
benefits, professional development and training, reasonable accommodation
for disabilities or religious practices, promotion, transfer, termination,
layoff, and other terms and conditions of employment.
