[HISTORY: Adopted by the Town Council of the Town of Phillipsburg as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Code of Ethics — See Ch. 53.
Personnel policy and practices — See Ch. 100.
[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.
A. 
Who may file.
(1) 
Any Town employee who feels that they have been the victim of discrimination, or who witnessed acts of discrimination against a fellow employee of the Town, may file a complaint of discrimination with the following persons, but solely in the specific order listed below:
(a) 
Their direct supervisor; or
(b) 
The Mayor of the Town.
(2) 
Any filing of a complaint to a person other than the complainant's direct supervisor must be accompanied by statement that the persons to whom the complaint should otherwise be addressed, pursuant to the list above, cannot, in the mind of the complainant, be objective about the discrimination charge the complainant wishes to file.
B. 
Contents of filing.
(1) 
The complaint filed must include the following information:
(a) 
The name, department and position or title of the complainant.
(b) 
The name, department and position or title of the charged party.
(c) 
The nature and circumstances, in detail, of the alleged discrimination, 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 questioned.
(d) 
Whether such discrimination has been previously reported to a supervisor or other person and, if so, when and to whom.
(2) 
Nothing in this section shall prevent the complainant from providing other information or documents they believe are essential to the fair review of their case.
(3) 
The filing may be made orally or in writing. If the same is made orally, the person receiving the complaint shall reduce the same to a writing, which shall, if it is deemed accurate, be signed by the complainant.
A. 
The Mayor shall promptly commence an investigation of the allegations of discrimination which may include interviews and written statements from the victim, the alleged harasser and any witnesses. The Mayor may request the assistance of the Town Attorney, other supervisory personnel or outside sources in conducting the investigation. Confidentiality shall be maintained throughout the investigation process.
B. 
A written report of the investigation shall be prepared by the Mayor within three days of the conclusion of the investigation with a copy sent to the victim and alleged party conducting discriminatory practices. The Mayor may initiate any remedial or disciplinary action the Mayor deems necessary.
C. 
Standard for determination of responsibility. The Mayor or his designee shall determine that a charged party is not guilty of the offense of discrimination unless he finds, based upon the investigation, that substantial, credible evidence supports the conclusion that:
(1) 
The facts as alleged by the complainant are true;
(2) 
Those facts constitute discrimination as set forth above; and
(3) 
The charged party is the person who committed the acts amounting to discrimination as set forth above.
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.
A. 
If the allegations of discrimination are found to be meritorious, the Mayor shall immediately institute remedial and/or corrective action which may include counseling, change in work assignments or disciplinary action up to and including termination. Any disciplinary action shall be consistent with applicable collective bargaining agreements and the New Jersey Department of Personnel rules and regulations. The victim of discrimination shall be informed of the nature of any disciplinary action taken.
B. 
The Mayor may monitor future conduct of the parties involved in order to reasonably ensure that the remedial action taken has been effective in stopping the harassment and that no retaliation has occurred.
C. 
The Town hereby makes it its official policy to encourage all of its employees to use the procedures detailed herein when they witness conduct against other Town employees which might constitute discriminatory conduct.
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.
A. 
Who may file.
(1) 
Any Town employee who feels that they have been the victim of sexual harassment, or who witnessed acts of sexual harassment against a fellow employee of the Town, may file a complaint of sexual harassment with the following persons, but solely in the specific order listed below:
(a) 
Their direct supervisor; or
(b) 
The Mayor of the Town.
(2) 
Any filing of a complaint to a person other than the complainant's direct supervisor must be accompanied by a statement that the persons to whom the complaint should otherwise be addressed, pursuant to the list above, cannot, in the mind of the complainant, be objective about the sexual harassment charge the complainant wishes to file.
B. 
Contents of filing.
(1) 
The complaint filed must include the following information:
(a) 
The name, department and position or title of the complainant.
(b) 
The name, department and position or title of the charged party.
(c) 
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 questioned.
(d) 
Whether such harassment has been previously reported to a supervisor or other person, and if so, when and to whom.
(2) 
Nothing in this section shall prevent the complainant from providing other information or documents they believe are essential to the fair review of their case.
(3) 
The filing may be made orally or in writing. If the same is made orally, the person receiving the complaint shall reduce the same to a writing, which shall, if it is deemed accurate, be signed by the complainant.
A. 
The Mayor shall promptly commence an investigation of the allegations of sexual harassment which may include interviews and written statements from the victim, the alleged harasser and any witnesses. The Mayor may request the assistance of the Town Attorney, other supervisory personnel or outside sources in conducting the investigation. Confidentiality shall be maintained throughout the investigation process.
B. 
A written report of the investigation shall be prepared by the Mayor within three days of the conclusion of the investigation with a copy sent to the victim and alleged harasser. The Mayor may initiate any remedial or disciplinary action the Mayor deems necessary.
C. 
Standard for determination of guilt. The Mayor or his designee shall determine that a charged party is not guilty of the offense of sexual harassment unless he finds, based upon the investigation, that substantial, credible evidence supports the conclusion that:
(1) 
The facts as alleged by the complainant are true;
(2) 
Those facts constitute sexual harassment as defined above; and
(3) 
The charged party is the person who committed the acts amounting to sexual harassment as defined above.
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.
A. 
If the allegations of sexual harassment are found to be meritorious, the Mayor shall immediately institute remedial and/or corrective action which may include counseling, change in work assignments or disciplinary action up to and including termination. Any disciplinary action shall be consistent with applicable collective bargaining agreements and the New Jersey Department of Personnel rules and regulations. The victim of sexual harassment shall be informed of the nature of any disciplinary action taken.
B. 
The Mayor may monitor future conduct of the parties involved in order to reasonably ensure that the remedial action taken has been effective in stopping the harassment and that no retaliation has occurred.
C. 
The Town hereby makes it its official policy to encourage all of its employees to use the procedures detailed herein when they witness conduct against other Town employees which might constitute the offense of 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, 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.
A. 
Dissemination of the Town policy against sexual harassment. The Mayor shall be obligated to undertake the following steps:
(1) 
Post in at least two or more prominent locations within the municipal building the one-page document entitled "Sexual Harassment Policy for the Town of Phillipsburg."
(2) 
Provide to all current employees of the Town a true and complete copy of this article within 30 days of its effective date.
(3) 
Provide to all persons hired as employees of the Town subsequent to the effective date of this article a true and complete copy of this article within 30 days of their hire date.
(4) 
Issue a memorandum to all Town employees on or about November 1, 1993, and each November 1 thereafter concerning the policy of this Town against sexual harassment.
(5) 
Discuss the policy against sexual harassment during any new employee orientation meetings, seminars or training sessions held subsequent to the effective date of this article.
B. 
Periodic training of all Town employees in reference to sexual harassment.
(1) 
All management and supervisory employees of the Town as well as all elected officials of the Town shall undergo training, in one or more sessions, with a person trained to lead or implement such training, said training to include a detailed discussion of the following:
(a) 
The procedures for the filing of a sexual harassment charge as outlined in this article.
(b) 
The specifics of quid-pro-quo harassment and hostile environment harassment and the differences between the two types.
(c) 
What constitutes unwelcome conduct.
(d) 
The manner of investigation which assures complete and prompt investigations.
(e) 
Management's obligations regarding harassment of which it is aware, or alternatively, should be aware.
(f) 
Procedures to be installed to ensure the confidential nature of information gathered during an investigation.
(g) 
The manner in which the interests of both the charged party and the complainant can be balanced.
(h) 
Recordkeeping requirements.
(2) 
The above-described personnel shall be required to undergo this training on or before October 1, 2000, and every three years thereafter.
(3) 
All other employees of the Town shall undergo training, led by a person trained to lead such sessions, to raise their awareness and understanding of the consequences of their behavior and to reduce confusion about which actions or conduct is acceptable and which is not. These employees shall be required to undergo this training on or before October 1, 2000, and every two years thereafter.
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.
A. 
Since a charge of sexual harassment is a grave and serious one, false accusations of sexual harassment are, 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.
B. 
A person who knowingly and/or recklessly fails to give truthful testimony to the investigator or the Hearing Board, as same are established by this article, shall also be guilty of having made false accusations.