[HISTORY: Adopted by the Town Board of the Town of Deerpark 2-28-2000 by L.L. No. 1-2000. Amendments noted where applicable.]
Editor's Note: This local law also provided as follows: “Please take notice to the extent that this local law may conflict with applicable portions of the Town Law of the State of New York, it is the stated intention of the Town to exercise its authority to supersede and amend, as granted under the Municipal Home Rule Law of the State of New York, Section 10. The Town hereby provides notice that it is exercising its authority to supersede and amend pursuant to Municipal Home Rule Law of the State of New York Section 22.”
The purpose of this policy is to maintain a healthy work environment and to provide procedures for reporting, investigation and resolution of complaints of harassment, sexual or otherwise.
It is the policy of the Town of Deerpark, Orange County, New York, that all employees have the right to work in an environment free of all forms of harassment. The Town does not condone and will not tolerate any harassment. Therefore, the Town shall take direct and immediate action to prevent such behavior, and to remedy all reported instances of harassment, sexual or otherwise.
No employee shall either explicitly or implicitly ridicule, mock, deride or belittle any person.
Employees shall not make offensive or derogatory comments based on race, color, sex, religion or national origin either directly or indirectly to another person. Such harassment is a prohibited form of discrimination under state and federal employment law and is also considered misconduct subject to disciplinary action by this Town.
“Sexual harassment” is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
Submission to such conduct is made either explicitly or implicitly a term or condition of employment;
Submission to or rejection of such conduct by an employee is used as the basis for employment decisions affecting the employee; or
Such conduct has the purpose or effect of unreasonably interfering with an employee's work performance or creating an intimidating, hostile, or offensive working environment.
Each supervisor shall be responsible for preventing acts of harassment. This responsibility includes:
Monitoring the unit work environment on a daily basis for signs that harassment may be occurring;
Counseling all employees on the types of behavior prohibited, and the Town procedures for reporting and resolving complaints of harassment;
Stopping any observed acts that may be considered harassment, and taking appropriate steps to intervene, whether or not the involved employees are within his line of supervision; and
Taking immediate action to limit the work contact between two employees where there has been a complaint of harassment, pending investigation.
Each supervisor has the responsibility to assist any employee of this Town, who comes to that supervisor with a complaint of harassment, in documenting and filing a complaint with the internal investigations authority.
Each employee of this Town is responsible for assisting in the prevention of harassment through the following acts:
Failure to take action to stop known harassment shall be grounds for discipline.
Employees encountering harassment shall tell the person that their actions are unwelcome and offensive. The employee shall document all incidents of harassment in order to provide the fullest basis for investigation.
Any employee who believes that he is being harassed shall report the incident(s) to his supervisor as soon as possible so that steps may be taken to protect the employee from further harassment, and appropriate investigative and disciplinary measures may be initiated. Where this is not practical, the employee may instead file a complaint with another supervisor, with the internal investigations authority, or the chief executive officer of the Town.
The supervisor or other person to whom a complaint is given shall meet with the employee and document the incidents complained of, the person(s) performing or participating in the harassment, and the dates on which it occurred.
The Town employee taking the complaint shall expeditiously deliver the complaint to the appropriate investigative authority.
The internal investigation authority shall be responsible for the investigation of any complaint alleging harassment.
The internal investigations authority shall immediately notify the chief executive officer and the county prosecutor's office if the complaint contains evidence of criminal activity, such as battery, rape or attempted rape.
The investigator shall include a determination whether other employees are being harassed by the person, and whether other Town members participated in, or encouraged the harassment.
The internal investigations authority shall inform the parties involved of the outcome of the investigation.
A file of harassment complaints shall be maintained in a secure location. The chief executive officer shall be provided with an annual summary of these complaints.
There shall be no retaliation against any employee for filing a harassment complaint, or assisting, testifying, or participating in the investigation of such a complaint.
Complainants or employees accused of harassment may file a grievance/appeal in accordance with Town procedures when they disagree with the investigation or disposition of a harassment claim.
This policy does not preclude any employee from filing a complaint or grievance with an appropriate outside agency.