[HISTORY: Adopted by the Town Board of the Town of Lloyd 7-10-2002 by L.L. No. 2-2002. Amendments noted where applicable.]
Personnel policies-- See Ch. A102.
Editor's Note: This local law also repealed former Ch. 26, Sexual Harassment, adopted 10-26-1994 by L.L. No. 4-1994; amended in its entirety 3-26-1996 by L.L. No. 3-1996.
[Amended 4-14-2004 by L.L. No. 2-2004]
It is the policy of the Town of Lloyd to provide and maintain a work environment which is free from unlawful discrimination based on sex (with or without sexual conduct), race, color, religion, natural origin, sexual orientation, age, disability and any other class protected by law (collectively referred to as “discriminatory harassment” or “harassment”). Harassment based on these characteristics is a form of unlawful discrimination and is prohibited in each and every work environment and each and every situation which directly impacts the work environment.
The Town of Lloyd considers discriminatory harassment to be a form of employee misconduct and considers this type of misconduct to be a serious offense, which will not be tolerated. Allegations of harassment will be investigated thoroughly and, if substantiated, will be met with appropriate corrective and/or disciplinary action commensurate with the seriousness of the offense(s), and in accordance with the parameters of applicable collective bargaining agreements and/or state law.
As used in this chapter, the following terms shall have the meanings indicated:
- (1) Unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature when:
- (a) Submission to such conduct is made explicitly or implicitly a term or condition of an individual's employment (e.g., promotion, training, assignments, etc.);
- (b) Submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting such individual; or
- (c) 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.
- (2) Sexual harassment is gender neutral and may involve members of the same or different gender.
- (3) Examples of specific behaviors that may be considered sexual harassment include, but are not limited to:
- (a) Spoken or written words related to an employee's sex.
- (b) Any sexual advance that is unwelcome.
- (c) Sexually oriented comments.
- (d) Showing or displaying pornographic or sexually explicit objects or pictures in the workplace.
- (e) Offensive touching, patting or pinching.
- (f) Requests for sexual acts or favors.
- (g) Abusing the dignity of an employee through insulting or degrading sexual remarks or conduct.
- (h) Threats, demands or suggestions that an employee's work status is contingent upon her/his toleration of or acquiescence to sexual advances.
- (i) Subtle pressure for sexual activities.
- (j) Leering at a person.
- (1) Harassment on the basis of any other protected characteristic is also prohibited. Under this policy, prohibited harassment is verbal or physical conduct that is offensive to or shows hostility or aversion toward an individual because of his/her race, color, religion, national origin, age, disability or marital status, and that:
- (2) Harassing conduct includes, but is not limited to, epithets, slurs or negative stereotyping; threatening, intimidating or hostile acts; denigrating jokes and display or circulation in the workplace (including through e-mail) of written or graphic material that denigrates or shows hostility or aversion toward an individual or group, based on an individual's protected class.
Individuals and conduct covered.
This policy applies to all applicants and employees of the Town of Lloyd and prohibits harassment, discrimination and retaliation whether engaged in by fellow employees, by a supervisor or manager or by someone not directly connected to the Town (e.g., an outside vendor, consultant or citizen).
Conduct prohibited by these policies is unacceptable in the workplace and in any work-related setting outside the workplace, such as during business trips, business meetings, and business-related social events.
If an individual is subjected to a situation which he/ she believes constitutes discriminatory harassment in violation of this policy, the Town recommends and encourages that the employee confront the harasser directly and advise the harasser that his/her behavior is not welcomed, it is offensive and will not be tolerated; note that neither this policy nor state/federal law requires that an individual tell an alleged harasser to stop his/her actions. Realizing that this could be uncomfortable for the employee who believes that he or she has been harassed, the Town recognizes that this step might not be possible, especially depending on the various personalities involved.
If an alleged incident of harassment cannot be resolved directly between the parties involved, a written or verbal complaint should be filed by the affected employee with the employee's immediate supervisor, department head, or the Town's designated official to handle these complaints.
All harassment complaints will be investigated as promptly as possible and resolved within a reasonable time after the receipt of the complaint. The Town's designated official will coordinate an investigation of the complaint.
The investigator in connection with the Town's designated official will issue a report addressing the allegations in the complaint and objectively document all relevant factual findings of the investigation, with the assistance of the Town's counsel, if necessary. The Town's designated official may make recommendations as to the appropriate action to be taken based upon the investigation.
The report shall be forwarded to the Town Board, and the Board shall then meet, and with the advice of counsel, determine the most appropriate action to take based upon the recommendation and report of the investigator. Thereafter, the results of the investigation will be communicated back to the complainant and the subject of the complaint.
Retaliation against any individual making a harassment complaint or assisting in the investigation of such a complaint is strictly forbidden. Retaliation, like discrimination and harassment, is against the law and is a serious violation of this policy. Employees who retaliate against other employees who complain about harassment and/or participate in investigation of harassment will be subject to disciplinary action.
In the event a complaint of discriminatory harassment is determined to be founded, the Town will take disciplinary action in accordance with the provisions of applicable collective bargaining agreements and/or state law.
If disciplinary charges are filed against an employee on the grounds that the Town has determined the employee is guilty of unlawful harassment, the accused employee may exercise his/her rights through the disciplinary procedure provided for in his/her labor contract and/or state law.
Reporting of a false complaint is a serious act. In the event it is found that the individual bringing the complaint has made knowingly and intentional false accusations, the Town will take action in accordance with the provisions of the applicable collective bargaining agreement and/or state law.
All information gathered during an investigation of a harassment complaint will be handled in a confidential manner, to the extent possible.
Retaliation against any individual making a harassment complaint or assisting in the investigation of such a complaint is prohibited. Retaliation is a serious violation of this policy which may result in disciplinary action.
This policy does not preclude the filing of discriminatory harassment complaints with either the New York State Division of Human Rights or the Federal Equal Employment Opportunity Commission, or the pursuing of any other remedies as permitted by law.
Responsibilities of managers/supervisors.
All managerial and supervisory personnel of the Town of Lloyd shall be responsible for enforcing this policy and shall have particular responsibility for ensuring that the work environment under their supervision is free from discriminatory harassment and its effects. Failure of a manager or supervisor to comply with this responsibility may result in disciplinary action.
All managerial and supervisory personnel who receive discriminatory harassment complaints will be responsible for immediately forwarding such complaints to the Town Board.
The Town Board will conduct periodic training for managerial and supervisory personnel on the issues surrounding discriminatory harassment, its effects and its appearances, and the role and responsibility of managerial/supervisory personnel in preventing incidents of harassment complaints.
The Town Board shall distribute this policy to all Town employees and all others covered by its parameters. Copies of this policy will be distributed to new employees as they are hired.
Copies of this policy will be conspicuously posted.
[Amended 4-14-2004 by L.L. No. 2-2004]
The complaint form to be used for employees to file a complaint is that set forth in the Town of Lloyd Personnel Employee Handbook as Appendix A, as enacted and amended from time to time by resolution of the Town Board.
Editor's Note: Appendix A is on file in the Town offices.