[HISTORY: Adopted by the Mayor and Council
of the Borough of Emerson 5-7-1996 by Ord. No. 1063. Amendments noted where
applicable.]
The Borough of Emerson hereby adopts a formal
policy on sexual harassment which shall be distributed to every employee
of the Borough of Emerson and which shall be strictly enforced.
As used in this chapter, the following terms
shall have the meanings indicated:
Unwelcome sexual advances, requests for sexual favors and
other verbal or physical conduct based on gender when:
Submission to such conduct is made either explicitly
or implicitly a term or condition of an individual's employment; or
Submission to or rejection of such conduct by
an individual is used as the basis for employment decisions affecting
such individual; or
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, including, but not limited
to:
GENDER HARASSMENTGeneralized gender-based remarks and behavior.
SEDUCTIVE BEHAVIORInappropriate, unwanted, offensive physical or verbal sexual advances.
SEXUAL BRIBERYSolicitation of sexual activity or other sex-linked behavior by promise of reward.
SEXUAL COERCIONCoercion of sexual activity by threat of punishment.
SEXUAL ASSAULTGross sexual imposition, such as touching, fondling, grabbing or assault.
All employees, female or male, shall be permitted
to work in an environment free from all forms of unlawful discrimination
and conduct which can be considered harassing, coercive or disruptive,
including sexual harassment. Sexual harassment is a form of employee
misconduct which undermines the integrity of the employment relationship.
Sexual harassment debilitates morale and interferes with work productivity
and, therefore, will not be tolerated.
In order to ensure the integrity of the work
environment, supervisory personnel are required to ensure adherence
to and compliance with this policy and, upon being informed of possible
sexual harassment, are required to take appropriate immediate action
in response, including informing employees of their right to file
a discrimination complaint with the Administrator.
Employees are encouraged, whether directly or
through a third party, to notify the alleged harasser that the behavior
in question is offensive and unwelcome. However, failure to do so
does not preclude filing a complaint. Employees are encouraged to
promptly report all alleged incidents of sexual harassment to the
Administrator.
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 questioned; and
(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 or documents he or she believes are
essential to the fair adjudication of their case.
C.
The initial complaint may be made orally or in writing.
If the complaint is made orally, the Administrator shall reduce same
to a written document which shall, if it is deemed accurate, be signed
by the complainant.
D.
The Borough Administrator is hereby designated as
the sexual harassment officer. The Police Captain of the Borough is
hereby designated as the alternate officer. Persons who, by reason
of the circumstances, are uncomfortable directing a complaint to the
Administrator may report same to the alternate officer.
A complaint of sexual harassment shall be investigated
by the Administrator in a timely manner and shall include, but not
be limited to:
A.
Interviewing the complainant in detail;
B.
Interviewing all potential witnesses, including those
persons who may have knowledge of similar incidents;
C.
Interviewing the charged party in detail;
D.
Reviewing municipal files for similar incidents involving
the complainant and the charged party;
E.
Assessing the presence or absence of corroborative
evidence for either party.
To the extent possible, the sexual harassment
investigative proceedings will be conducted in manner to protect the
confidentiality of the complainant, the alleged harasser and all witnesses.
All parties involved in the proceedings 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 she/he 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 based on involvement in the complaint
process may be cause for disciplinary action.
All complaints will be addressed by the Personnel
Administrator. The alleged harasser will be notified once a formal
complaint is filed with the Administrator. A finding of no probable
cause as a result of an investigation does not necessarily establish
that an accusation is false. However, this policy shall not be used
to intentionally bring frivolous or malicious charges against an employee.
Disciplinary action for employees found in violation
of this policy may be progressive in nature, but are not required
to be, and may include:
To 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 of superior administrative remedies
described herein.
Employees of the Borough shall be provided with
training, by a person trained to lead or implement such training,
which shall include a detailed discussion of the following:
A.
A detailed explanation of what constitutes sexual
harassment.
B.
The procedures for filing a sexual harassment charge.
C.
The procedures to be followed in the investigation
of a sexual harassment charge.
D.
Management's obligation regarding incidents of sexual
harassment.
E.
Recordkeeping requirements.
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 Administrator shall also be guilty
of having made false accusations.
A copy of the sexual harassment policy will
be distributed to all Borough employees and will be posted in a prominent
place in the Emerson Municipal Building. Each Borough employee, within
30 days of adoption of this chapter and/or within 30 days of employment,
shall sign a form indicating that he/she has received and read a copy
of this chapter.
