[Added 5-27-1997 by Ord. No. 97-8]
The Borough of New Providence is desirous of promoting and maintaining
a working environment in which all employees, regardless of title and level
of employment, are treated with respect and decency. Discrimination or disrespectful
behavior by or toward another employee will not be tolerated. Discrimination,
harassment or disrespect on the basis of race, color, national origin, religion,
marital status, military service, political affiliation, sex or sexual preference,
age or disability are prohibited by federal, state and Borough policies.
A.
All employees have a right to formally or informally
report any and all statements, acts or behavior by a co-employee, supervisory
personnel or elected officials which are deemed or perceived by the affected
employee to be an improper employment practice.
B.
Employees who lodge a complaint can be assured that their
complaint will be taken very seriously and receive a prompt and thorough investigation.
Furthermore, employees' complaints will be treated, to the extent possible,
in a confidential manner; however, anonymity or confidentiality cannot be
guaranteed if action is to be taken against the alleged wrongdoer since the
"accused" may be entitled to "confront the accuser" as a matter of due process.
In making decisions with respect to employment matters, the Borough:
A.
Shall not discriminate against an otherwise qualified
individual with a disability.
B.
Shall make reasonable accommodations to allow an otherwise
qualified individual to perform the essential function of the job.
C.
Shall not make improper inquiry regarding medical matters
during the application process.
A.
Sexual harassment defined. Sexual harassment is defined
as unwelcome sexual advances, requests for sexual favors and other verbal
or physical conduct based on gender when:
(1)
Submission to such conduct is made explicitly or implicitly
a term or condition of an individual's employment;
(2)
Submission to or rejection of such conduct by an individual
is used as the basis for employment decisions 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.
Positions defined. The Borough Clerk is hereby designated
as the Sexual Harassment Officer. The Borough Administrator is hereby designated
as the Alternate Sexual Harassment Officer.
A.
Each supervisor shall be responsible for preventing acts
of harassment. This responsibility includes:
(1)
Monitoring the work environment on a daily basis for
signs that harassment may be occurring.
(2)
Counseling all employees on the types of behavior that
are prohibited and the agency procedures for reporting and resolving complaints
of harassment.
(3)
Stopping any observed act that may be considered harassment
and taking appropriate steps to intervene.
(4)
Arranging to limit the work contact between two employees
where there has been a harassment complaint pending investigation.
B.
Every supervisor has the responsibility to assist any
employee of this agency who comes to that supervisor with a complaint of harassment,
or in documenting and filing a complaint in accordance with Borough policy.
C.
Failure to take action to stop known harassment shall
be grounds for discipline.
A.
Employees encountering harassment shall tell the person
responsible that their actions are unwelcome and offensive. The employee shall
document all incidents of harassment in order to provide the fullest basis
for investigation.
B.
Any employee who believes that he or she is being harassed
shall report the incident(s) to his or her 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 directly
with the Sexual Harassment Officer or the Alternate Sexual Harassment Officer.
C.
The supervisor or other person to whom a complaint has
been 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.
D.
The complaint shall then be delivered to the Sexual Harassment
Officer or the Alternate Sexual Harassment Officer for investigation.
A.
The complaint filed must include the following information:
(1)
The name and department of the complainant.
(2)
The name and department of the charged party.
(3)
The nature and circumstances, in detail, of the alleged
sexual 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 in question.
(4)
Whether such harassment has been previously reported
to a supervisor or other person, and if so, when and to whom.
B.
Nothing in this section shall prevent the complainant
from providing other information of documents they believe are essential to
the fair adjudication of their case.
C.
The initial complaint may be made in writing or orally.
If the complaint is made orally, the supervisor, Sexual Harassment Officer
or the Alternate Sexual Harassment Officer shall reduce the same to a written
document which shall, if it is deemed to be accurate, be signed by the complainant.
To the extent possible, the sexual harassment investigative proceedings
will be conducted in a manner to protect the confidentiality of the complainant,
the alleged harasser and all witnesses. All parties involved will be advised
to maintain strict confidentiality from the initial meeting to the final decision
to safeguard the privacy and reputation of all involved.
It shall be a violation of this policy for any employee to take reprisals
against any person because he or she has filed a complaint, testified or assisted
in any proceeding under this policy. Threats, other forms of intimidation
and/or retaliation against the complainant or any other party involved in
the complaint process may be cause for disciplinary action.
A.
A complaint of sexual harassment shall be investigated
by the Sexual Harassment Officer or the Alternate Sexual Harassment Officer
within 10 days. Punishment, where indicated, may include, but not be limited
to:
B.
This policy does not preclude any employee from filing
a complaint or grievance with an appropriate outside agency.
The extent permitted by law, the Borough will not be liable for damages
obtained as a result of a decision of a nonlocal agency or court or superior
administrative remedies described herein.
Employees of the Borough shall be provided with training materials which
will include a detailed explanation of what constitutes sexual harassment.
Since a charge of sexual harassment is a grave and serious one, false
accusation of sexual harassment is, 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.
Any investigation of police personnel is to be consistent with and meet
the requirements of the following:
