[Adopted 8-3-1999 by Ord. No. O:99-13
(Ch. 54B, Art. I of the 1969 Code)]
The following conduct, on the part of the Town, its agents, servants
and employees, is hereby proscribed and declared to be in violation of this
article:
A. To refuse to hire, promote or to otherwise adversely
affect an individual based on sexual stereotype or preference.
B. To discriminate against a Town employee regarding rate
of pay, benefits or other incidents of employment.
C. The classification of jobs as male or female or the maintenance
of separate progression or seniority lists based on sex.
D. To advertise for employment with the Town in a way that
indicates preference, limitation, specification or discrimination based on
sex unless sex is a bona fide occupational qualification for a particular
job.
E. To make preemployment inquiries for Town employment which
address any limitation or specification as to sex.
F. To make unwelcome sexual advances, requests for sexual
favors or other verbal or physical conduct of a sexual nature, where the conduct
is harassing.
(1) Submission to said conduct is either explicitly or implicitly
a term or condition of employment;
(2) The employee's response to such conduct is used as a
basis for employment decisions affecting the individual; or
(3) The harassing conduct unreasonably effects or interferes
with the individual's work performance by creating a hostile environment.
If any individual is aggrieved with the investigation, findings and/or
remedies pursuant to this policy, he or she may assert any right of appeal
contained in the applicable collective bargaining agreements or Department
of Personnel rules and regulations, if appropriate, file a complaint with
the New Jersey Division on Civil Rights or pursue any other civil remedy.
If any individual is aggrieved with the investigation, findings, and/or
remedies pursuant to this policy, he or she may assert any right of appeal
contained in the applicable collective bargaining agreements or Department
of Personnel rules and regulations, if appropriate, or file a complaint with
the New Jersey Division on Civil Rights, or pursue any other civil remedy.
To the extent permitted by law, the Town will not be liable in damages
obtained against it as a result of a decision of a nonlocal agency or court
of superior jurisdiction unless the complainant has exhausted all local administrative
remedies described.
[Adopted 8-3-1999 by Ord. No. O:99-14
(Ch. 54B, Art. II of the 1969 Code)]
As used in this article, the following words shall have these specific
definitions:
CHARGED PARTY
Any person, including a Town employee, against whom a charge of sexual
harassment is filed.
COMPLAINANT
Any Town employee who brings or files a charge of sexual harassment.
HOSTILE WORK ENVIRONMENT HARASSMENT
A factual finding by the Mayor or his designee that a charged party
has committed an offense or offenses rising to the level of sexual harassment,
to wit: through severe and pervasive verbal and/or physical conduct of a patently
offensive nature not welcomed by the complainant not only created a work environment
that would interfere with the performance and psychological well-being of
a reasonable person of the same sex but also specifically offended and injured
the complainant; said harassment being considered a type of sexual harassment.
INVESTIGATOR
The person supervising or administering the investigation regarding
a sexual harassment complaint or complaints. Normally, this shall be the Mayor
or his designee unless circumstances dictate otherwise.
QUID-PRO-QUO HARASSMENT
A factual finding by the investigator that a charged party has committed
an offense or offenses rising to the level of sexual harassment, to wit: made
unwelcome sexual advances motivated by sexual desires upon a complainant,
where the reaction of the complainant to the advance affected a tangible aspect
of the terms of their employment with the Town, said harassment being considered
a type of sexual harassment.
RETALIATION
Any act of any Town official taken to punish, discourage or intimidate
those persons who have or may either become a complainant or assist in the
investigation of a legitimate sexual harassment complaint.
SEXUAL HARASSMENT
Includes the following:
A.
Any 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 a person's
employment; or submission to or rejection of such conduct by a person is used
as a basis for employment decisions affecting that person; or such conduct
has the purpose or effect of unreasonably interfering with a person's work
performance; or such conduct creates an intimidating, unpleasant or offensive
work environment.
B.
Hostile work environment harassment; and
C.
Quid-pro-quo sexual harassment.
If any individual is aggrieved with the investigation, findings and/or
remedies pursuant to this policy, he or she may assert any right of appeal
contained in the applicable collective bargaining agreements or Department
of Personnel rules and regulations, if appropriate, file a complaint with
the New Jersey Division on Civil Rights or pursue any other civil remedy.
If any individual is aggrieved with the investigation, findings and/or
remedies pursuant to this policy, he or she may assert any right of appeal
contained in the applicable collective bargaining agreements or Department
of Personnel rules and regulations, if appropriate, or file a complaint with
the New Jersey Division on Civil Rights, or pursue any other civil remedy.
To the extent permitted by law, the Town will not be liable in damages
obtained against it as a result of a decision of a nonlocal agency or court
of superior jurisdiction unless the complainant has exhausted all local administrative
remedies described.
Nonemployees of the Town, including but not limited to those interacting
with Town employees as vendors of goods and services, independent contractors,
substitute or temporary workers or full-ins, shall also be subject to each
and every term of this article should it be alleged by a complainant that
they committed an act or conducted themselves in such a way as to commit an
offense of sexual harassment.
The Town shall not take any retaliation against any employee who files
a complaint or assists in the investigation of such a complaint.