[HISTORY: Adopted by the Board of Commissioners of the Township of
Patterson 8-13-1992. Amendments noted where applicable.]
A.
Title VII of the Civil Rights Act of 1964 prohibits employment
discrimination on the basis of race, color, sex, age or national origin. Sexual
harassment is included among the prohibitions.
B.
Sexual harassment, according to the Federal Equal Employment
Opportunity Commission (EEOC), consists of unwelcome sexual advances, requests
for sexual favors or other verbal or physical acts of a sexual or sex-based
nature where:
(1)
Submission to such conduct is made, either explicitly
or implicitly, a term or condition of an individual's employment;
(2)
An employment decision is based on an individual's
acceptance or rejection of such conduct; or
(3)
Such conduct interferes with an individual's work
performance or creates an intimidating, hostile or offensive work environment.
C.
It is also unlawful to retaliate or take reprisal in any way against anyone who has articulated any concern about sexual harassment or discrimination, whether that concern relates to harassment of or discrimination against the individual raising the concern or against another individual. Examples of conduct that would be considered sexual harassment or related retaliation are set forth in § A208-2, Prohibited conduct, which follows. These examples are provided to illustrate the kind of conduct prescribed by this policy; the list is not exhaustive.
D.
Sexual harassment is unlawful, and such prohibited conduct
exposes not only Patterson Township as an employer but also individuals involved
in such conduct to significant liability under the law. Employees at all times
should treat other employees respectfully and with dignity in a manner so
as not to offend the sensibilities of a coworker. Accordingly, Patterson Township
is committed to vigorously enforcing its sexual harassment policy at all levels
within the township departments.
The Township of Patterson considers the following conduct to represent
some of the types of acts which violate the sexual harassment policy:
A.
Physical assaults of a sexual nature, such as:
B.
Unwanted sexual advances, propositions or other sexual
comments, such as:
(1)
A pattern of sexually oriented gestures, noises, remarks,
jokes or comments about a person's sexuality or sexual experience directed
at or made in the presence of any employee who indicates or has indicated
in any way that such conduct in his or her presence is unwelcome.
(2)
Preferential treatment or promise of preferential treatment
to an employee for submitting to sexual conduct, including soliciting or attempting
to solicit any employee to engage in sexual activity for compensation or reward.
(3)
Subjecting, or threats of subjecting, an employee to
unwelcome sexual attention or conduct or intentionally making performance
of the employee's job more difficult because of that employee's
sex.
C.
Sexual or discriminatory displays or publications in
the workplace, such as:
(1)
Displaying pictures, posters, calendars, graffiti, objects,
promotional materials, reading materials or other materials that are sexually
suggestive, sexually demeaning or pornographic.
(2)
Displaying signs or other materials purporting to segregate
an employee by sex in any area of the workplace, other than rest rooms and
similar semiprivate lockers/changing rooms.
D.
Retaliation for sexual harassment complaints, such as:
(1)
Disciplining, changing the work assignments of, providing
inaccurate work information to or refusing to cooperate or discuss work-related
matters with any employee because that employee has complained about or resisted
harassment, discrimination or retaliation.
(2)
Intentionally pressuring, falsely denying, lying about
or otherwise covering up or attempting to cover up conduct such as that described
in the item above.
E.
Others acts.
(1)
The above is not to be construed as an all-inclusive
list of prohibited acts under this policy.
(2)
Sexual harassment is unlawful and hurts other employees.
Any of the prohibited conduct described here is sexual harassment of anyone
at whom it is directed or who is otherwise subjected to it. Each incident
of harassment, moreover, contributes to a general atmosphere in which all
persons who share the victim's sex suffer the consequences. Sexually
oriented acts or sex-based conduct have no legitimate business purpose; accordingly,
the employee who engages in such conduct should be and will be made to bear
the full responsibility for such unlawful conduct.
A.
Any employee's commission of acts of sexual harassment
or retaliation against a sexual harassment complainant will result in appropriate
sanctions, up to and including dismissal, against the offending employee,
depending upon the nature and severity of the misconduct.
B.
A written record of each action taken pursuant to this
policy will be placed in the offending employee's personnel file. The
record will reflect the conduct, or alleged conduct, and the warning given
or other discipline imposed.
A.
Complaints.
(1)
All complaints will be in writing and notarized using
the form provided by the township. All information pertinent to the charges
will be included. Complaints of acts of sexual harassment and retaliation
that are in violation of the sexual harassment policy will be taken seriously
and investigated. A complaint need not be limited to someone who was the target
of harassment or retaliation. Anyone who has observed sexual harassment or
retaliation should report it to his or her immediate supervisor. In the event
that it would be inappropriate to report such concerns to one's immediate
supervisors, the report should be made to the Board of Commissioners. In the
event that a female employee would prefer to report a concern about sexual
discrimination or harassment to another female, another female employee of
the township is designated as the proper person to receive such communications.
(2)
Only those who have an immediate need to know, including
the person to whom a report was made, the alleged target of harassment or
retaliation, the alleged harasser or retaliator and any witnesses, will or
may find out the identity of the complainant. All parties contacted in the
course of an investigation will be advised that all parties involved in a
charge are entitled to respect and that any retaliation or reprisal against
an individual who is an alleged target of harassment or retaliation, who has
provided evidence in connection with a complaint, is a separate actionable
offense and subject to discipline under this policy.
B.
Cooperation. An effective sexual harassment policy requires
the support and example of personnel in positions of authority. Patterson
Township agents of employees who engage in sexual harassment or retaliation
or who fail to cooperate with township-sponsored investigations of sexual
harassment or retaliation may be severely sanctioned by suspension or dismissal.
By the same token, officials who refuse to implement remedial measures, obstruct
the remedial efforts of other township employees and/or retaliate against
sexual harassment complainants or witnesses may be immediately censured.
C.
Process.
(1)
A special committee of the Board of Commissioners appointed
by the President will take testimony of the accuser and any witnesses offered
in support of the charge; the accuser and the accused will be provided an
opportunity to review and respond to the charges for accuracy and/or clarification.
The investigation will then proceed to validate or dismiss the allegations.
In either case, both accuser and accused will have the right of appeal, if
requested in writing within ten (10) days of the determination and forwarded
to the special committee. Upon completion of their hearing and factual review,
they may recall witnesses or take other steps as they determine.
(2)
The appeal panel will communicate its determination in
writing to the parties and copies to the Board of Commissioners. The township
will then consider the issue closed.
D.
All complaints, investigations, hearings,
appeals, etc., associated with sexual harassment charges will be forwarded
to the Township Solicitor for review and recommendations on an ongoing basis.
