The Town of Niles believes in the dignity of the individual and recognizes
the right of any person to equal opportunities. In this regard, the town has
had a longstanding practice of protecting and safeguarding the rights and
opportunities of any person who might seek or obtain employment without being
subjected to sexual harassment in the workplace.
As with discrimination on the basis of race, color, sex, religion, age,
disability and national origin, the Town of Niles also prohibits sexual harassment
of its employees or officers in any form. The town will take all steps necessary
to prevent and stop the occurrence of sexual harassment in the workplace.
A. This policy applies to all town officers and employees
and all individuals who serve as contractors to the town. Depending on the
extent of the exercise of control, this policy may be applied to the conduct
of those who are not officers or employees or contractors of the town with
respect to the sexual harassment of town officers or employees in the workplace.
B. This sexual harassment policy prohibits conduct including
but not limited to the inappropriate forms of behavior described in this policy
under the section entitled "Definitions."
C. Department heads and supervisory personnel are responsible
for ensuring a work environment free from unsolicited, unwelcome and intimidating
sexual overtures. These individuals must take immediate and appropriate corrective
action when allegations of sexual harassment come to their attention to assure
compliance with this policy.
D. A person who is found to have committed an act of sexual
harassment may be subject to disciplinary action in accordance with the provisions
of a negotiated labor agreement or state law, as may be appropriate. Additionally,
retaliation against someone who has filed a sexual harassment complaint is
prohibited and may result in disciplinary action against the retaliator if
that person is an officer or employee of the town. Intimidation, coercion,
threats, reprisals or discrimination against any person for complaining about
harassment, as described in this policy, is prohibited.
E. All town officers and employees will be held responsible
and accountable for avoiding or eliminating the conduct prohibited by this
policy. Town employees are encouraged to report violations of this policy
to their supervisor or to a member of the Sexual Harassment Committee. This
Committee shall consist of two members of the Town Board, to be appointed
annually.
As used in this chapter, the following terms shall have the meanings
indicated:
SEXUAL HARASSMENT
A.
Sexual advances that are not welcome, requests for sexual favors and
other verbal or physical conduct with sexual overtones constitute sexual harassment
when:
(1)
Submission to such conduct is made, either explicitly or implicitly,
a term or condition of an individual's employment; or
(2)
Submission to, or rejection of, such conduct by an individual is used
as the basis for employment decisions such as promotion, transfer or termination
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.
Sexual harassment refers to behavior that an individual does not welcome;
that is personally offensive; that fails to respect the rights of others;
that lowers morale and that, therefore, interferes with an individual's
work performance and effectiveness; or that creates an intimidating, hostile
or offensive working environment.
C.
Specific forms of behavior that the town would consider sexual harassment
include but are not limited to the following:
(1)
Verbal harassment. Abusive verbal language related to a person's
sex, including sexual innuendos, slurs, suggestive, derogatory or insulting
comments or sounds, whistling, jokes of a sexual nature, sexual propositions
and threats. Included would be any sexual advance that is unwelcome or any
demand for sexual favors.
(2)
Nonverbal harassment. Abusive written language, showing or displaying
pornographic or sexually explicit objects or pictures, graphic commentaries,
leering or obscene gestures in the workplace such that it unreasonably interferes
with an individual's work performance or creates an intimidating, hostile
or offensive working environment.
(3)
Physical harassment. Any physical contact which is not welcome, including
touching, petting, pinching, coerced sexual intercourse, assault or persistent
brushing up against a person's body.