[Adopted 11-7-2001 by Ord. No. 1875-2001[1]]
[1]
Editor's Note: This ordinance also repealed
former Art. II, Sexual Harassment Policy, adopted 12-17-1996 by Ord.
No. 1657-96.
The Borough of Fair Lawn (hereinafter referred
to as the "Borough") has a strong commitment to provide a work environment
free from unlawful harassment based on sex, race, color, religion,
national origin, age, disability, ancestry, atypical hereditary cellular
or blood trait (AHCBT), liability for service in the Armed Forces
of the United States, creed, handicap, marital status, nationality,
genetic information, refusal to submit to genetic testing, refusal
to provide genetic information, or race of that person, or of that
person's spouse, partners, members, officers, managers, superintendents,
agents, employees, business associates, suppliers, or customers (collectively,
the "protected classifications"). The Borough will not tolerate unlawful
harassment. Acts or incidents of unlawful harassment should be promptly
reported in accordance with the procedures outlined below. The Borough
will promptly investigate all reports of unlawful harassment. Employees
who violate this chapter will be subject to disciplinary action up
to and including termination from employment. Employees who violate
this chapter also risk personal legal liability.
The purpose of this chapter is to ensure all
employees of the Borough of Fair Lawn a work environment free of any
type of unlawful discrimination, including freedom from harassment
on the basis of any protected classification.
A.
Improper conduct. Instances that may violate the Borough's
policy against harassment and which may result in disciplinary action
include the following:
(1)
Unwelcome remarks and actions based on the protected
classifications. This may include, but is not limited to, inappropriate
jokes, comments or posted materials.
(2)
Threats or suggestions that an employee's employment
work status will be adversely affected based upon the protected classifications.
(3)
Affecting or denying employment opportunities or benefits
to an employee based upon the protected classifications.
(4)
Engaging in a negative tangible employment action
based upon the protected classifications.
(5)
Retaliation against an employee who has reported any
alleged violation of this chapter or participated in an investigation
related to this chapter.
B.
Sexual harassment.
(1)
An important note must be made with respect to sexual
harassment. Sexual harassment is defined as any unwelcome advance
or request for sexual favors or any conduct of a sexual nature where:
(a)
Submission is made explicitly or implicitly
a term or condition of employment; or
(b)
Submission to or rejection of harassing conduct
or communication is used or is threatened to be used as the basis
of employment decisions; or
(c)
Such conduct has the purpose or effect of substantially
interfering with an individual's work or creates an intimidating,
hostile, or offensive working environment.
(2)
Sexual harassment is different from sexual attraction
or flirtation. Sexual harassment is unwelcome sexual attention which
is demeaning and causes the recipient distress. Sexual harassment
does not refer to occasional inoffensive compliments. However, comments
or behavior which may be intended to be complimentary may be viewed
by the recipient as unwelcome and a form of sexual harassment.
C.
Supervisory personnel.
(1)
Special care must be exercised by supervisors and
managers whose actions or remarks may be mistakenly perceived as unlawful
harassment. The subordinate may feel inhibited and may not disclose
the unwelcome actions or remarks by the supervisor or person of higher
rank. Unlawful harassment is not limited, however, to employees of
different rank.
(2)
In order to ensure the integrity of the work environment,
supervisory personnel are required to ensure adherence to and compliance
with this chapter, and, upon being informed of possible harassment,
are required to take appropriate immediate action in response, including
informing employees of their right to file a discrimination complaint
with the Borough Manager.
D.
Complaint procedure. Any employee who feels he or
she has been subject to harassment or has knowledge of a violation
of this chapter should report the incident directly to the Borough
Manager. The Borough Manager is hereby designated as the harassment
officer. If circumstances prevent reporting the incident directly
to the Borough Manager, the employee should report the incident to
the employee's department head. The Borough Manager and/or department
head must be promptly advised of such complaint. If the complaint
involves a direct supervisor, the employee is not required to complain
to the direct supervisor. The complaint should then be made to any
of the other above-named individuals. A complaint of harassment shall
be investigated by the Borough Manager or his/her alternate in a timely
manner.
(1)
The complaint filed must include the following information:
(a)
The name and department of the complainant;
(b)
The name and department of the charged party;
(c)
The nature and circumstances, in detail, of
the alleged harassment, including but not limited to the injuries
or consequences suffered by the complainant, the names of any witnesses
to such actions and the duration of the actions questioned; and
(d)
Whether such harassment has been previously
reported to a supervisor or other person and if so when and to whom.
(2)
Nothing in this section shall prevent the complainant
from providing other information or documents he/she believes are
essential to the fair adjudication of their case.
(3)
The initial complaint may be made orally or in writing.
If the complaint is made orally, the Borough Manager shall reduce
same to a written document, which shall, if it is deemed accurate,
be signed by the complainant. If an individual is uncomfortable in
making a written complaint, the Borough may proceed with its investigation
without a formal, written complaint.
E.
Investigation procedure.
(1)
Once a complaint has been registered or harassment
situation has become known to the Borough, a prompt and thorough investigation
will be conducted to determine the meritorious character of the complaint.
(2)
If the Borough determines that unlawful harassment
has occurred in violation of this chapter, the individual who engaged
in such harassing conduct shall face immediate and appropriate disciplinary
action based upon the severity of the complaint and any prior history
of past charges made against and disciplinary action involving the
individual. Disciplinary action may include being suspended without
pay pending the hearing, a written warning, suspension, demotion,
and/or termination of employment. In the event that the charges or
the complaint are determined to be without merit and are dismissed
following the suspension of the accused, the accused shall be reinstated
with back pay.
(3)
In the event that the Borough Manager (or where circumstances
prevent reporting the incident directly to the Borough Manager, the
employee's department head) determines the complaint to be without
any merit and/or a fabrication, appropriate disciplinary action may
be taken against the employee who caused the complaint to be executed.
F.
Privacy.
(1)
The Borough of Fair Lawn encourages victims of harassment
to bring their complaints to management by ensuring that no reprisals
or retaliation will result against such complaining individual as
a result of the good faith reporting of harassment. In addition, anyone
who assists in the filing of a complaint or in the investigation of
a claim of harassment will be protected from reprisals and retaliation.
Reprisal or retaliation may be the basis of a separate complaint,
even if the complaint of harassment may be found to be without merit.
(2)
To the fullest extent possible and so long as it does
not inhibit the conducting of an investigation, all persons involved
with a harassment complaint will be given the utmost protection of
privacy.
G.
Borough liability.
(1)
Because the Borough of Fair Lawn prohibits harassment
of its employees in any form, any individual charged with harassment
in a civil action or by way of an administrative complaint shall be
solely responsible for paying all costs of defense and/or any damages
resulting therefrom which shall be awarded by proper court of law
or after an administrative hearing unless the Mayor and Council agrees
otherwise in writing.
(2)
Any employee with questions regarding the Borough's
policy against harassment may contact the Borough Manager or department
head.
H.
False accusations. Since a charge of harassment is
a grave and serous one, false accusations of harassment are, and will
be treated as, a disciplinary offense and will result in a level of
punishment appropriate for a person actually engaging in such behavior.
I.
Training. Employees of the Borough shall be provided
with training, by a person trained to lead or implement such training,
which shall include a detailed discussion of the following:
