[Adopted 10-19-1993]
A.
It is the policy of the Town of Guilderland that all
employees have a right to work in an environment free of discrimination, which
encompasses freedom from sexual harassment. The Town of Guilderland strongly
disapproves of sexual harassment of its employees in any form, and states
that all employees at all levels of the town must avoid offensive or inappropriate
sexual and/or sexually harassing behavior at work and will be held responsible
for ensuring that the workplace is free from sexual harassment.
B.
Disciplinary sanctions will be enforced against any Town
of Guilderland employee who is found to have engaged in prohibited conduct
as defined herein; and against any supervisor who knowingly permits such conduct
by employees under his or her supervision.
C.
The Town of Guilderland will make all employees aware
of this policy. Department heads and supervisory employees shall take affirmative
steps to ensure that all employees are informed of the Town of Guilderland
policy on sexual harassment, to assist employees who complain of prohibited
conduct and to maintain in each office a working environment free from sexual
harassment.
A.
Specifically, the Town of Guilderland prohibits the following:
(1)
Unwelcome sexual advances.
(2)
Requests for sexual favors, whether or not accompanied
by promises or threats with regard to the employment relationship.
(3)
Other verbal or physical conduct of a sexual nature made
to any employee that may threaten or insinuate either explicitly or implicitly
that any employee's submission to or rejection of sexual advances will in
any way influence any personnel decision regarding that person's employment,
evaluation, wages, advancement, assigned duties, shifts or any other condition
of employment or career development.
(4)
Any verbal or physical conduct that has the purpose or
effect of substantially interfering with the employee's ability to do his
or her job.
(5)
Any verbal or physical conduct that has the purpose or
effect of creating an intimidating, hostile or offensive working environment.
B.
Such conduct may result in disciplinary action up to
and including dismissal.
C.
Other sexually harassing conduct in the workplace, whether
physical or verbal, committed by supervisors or nonsupervisory personnel is
also prohibited. This behavior includes but is not limited to commentary about
an individual's body, sexually degrading words to describe an individual,
offensive comments, off-color language or jokes, innuendos and sexually suggestive
objects, books, magazines, photographs, cartoons or pictures.
A.
Complaints.
(1)
Employees who have complaints of sexual harassment by
anyone at work, including any supervisors, co-employees or visitors, are urged
to report such conduct to town officials so that the Town of Guilderland may
investigate and resolve the problem. Employees may bring such matters to the
direct attention of their supervisors. If the complaint involves the employee's
supervisor or someone in the direct line of supervision or if the employee
for any reason is uncomfortable in dealing with his or her immediate supervisor,
the employee may go to the Town Supervisor or a member of the Town Board designated
to act as an officer in such cases. The Supervisor and a Town Board member
of the opposite sex shall be designated annually at the organizational meeting
as Harassment Officers.
(2)
Complaints will be investigated as expeditiously and
as professionally as possible. Where investigations confirm the allegations,
appropriate corrective action will be taken.
(3)
The Harassment Officers will make every attempt to maintain
the information provided in the complaint and investigation process as confidentially
as possible.
(4)
There will be no retaliation against employees for reporting
sexual harassment or assisting in the investigation of a complaint. However,
if, after investigating any complaint of harassment or unlawful discrimination,
the Officer learns that the complaint is not bona fide or that an employee
has provided false information regarding the complaint, disciplinary action
may be taken against the individual who provided the false information.
B.
Investigation.
(1)
The Officers shall in a timely manner interview all appropriate
parties, examine relevant records and consult with any appropriate town employee.
(2)
If the Officers deem it appropriate, the parties to the
complaint may be brought together to attempt an informal resolution of the
complaint in a manner satisfactory to both parties. Both the complainant and
the person against whom the complaint is made shall be permitted to have counsel
present at any interview or other proceeding.
C.
Recommendation.
D.
The Town Board may, but need not, adopt the report. The
Town Board shall also be free to pursue mediation or alternative dispute resolution
including requiring informal appearances by the parties or witnesses.
E.
Hearing.
(1)
Upon adoption of the recommendation to conduct a formal
hearing, or upon a written request of a party accompanied by a showing of
material facts in dispute, the Officers shall conduct a formal hearing.
(2)
Such hearing shall provide an opportunity for parties
and witnesses to be heard, and shall be conducted so as to do substantial
justice between the parties. The hearing shall be bound by statutory provisions
or rules of practice, procedure, pleading or evidence. At the conclusion of
law, there shall be included a determination as to whether or not prohibited
conduct has occurred.
F.
Record. The record maintained with respect to each complaint
of sexual harassment shall contain the written complaint, any written statement
produced during the investigation, the recommendation of the Harassment Officers
if a formal hearing is conducted, a record thereof in a form determined by
the Officers, the Harassment Officers' statement of findings of fact and conclusion
of law and the Harassment Officers' written determination. Such record shall
be available to either party or the designee thereof.
A.
If any party is not satisfied with the outcome of the
grievance procedure, appeal may be taken directly to the Town Supervisor or
his/her designated representative, who may be an outside hearing officer retained
on an ad hoc basis.
B.
State and federal law also provide administrative and
judicial remedies which may be pursued by filing a complaint with the Regional
Office of the New York State Division of Human Rights, at 99 Washington Avenue,
Albany, or with the Federal Equal Employment Opportunity Commission.
No Town of Guilderland employee shall be subject to retaliation or discrimination
in any form as a result of bringing a complaint, or testifying or assisting
in a grievance brought pursuant to the procedure set forth herein.
The Town of Guilderland shall make all town employees aware of the program.
The program shall be conducted so as to ensure that every employee understands
the seriousness of the problem of sexual harassment, how to recognize and
address it, rights and responsibilities under the law and the Town of Guilderland
policy, and how to bring a complaint.
A copy of this policy shall be distributed to every town department
and made available to every town employee.
