A.
It is the goal of the Town of Lancaster to promote a workplace that
is free of sexual harassment. Sexual harassment of employees occurring
in the workplace or in other settings in which employees may find
themselves in connection with their employment is unlawful and will
not be tolerated by this organization.
B.
Further, any retaliation against an individual who has complained
about sexual harassment or retaliation against individuals for cooperating
with an investigation of a sexual harassment complaint is similarly
unlawful and will not be tolerated. To achieve our goal of providing
a workplace free from sexual harassment, the inappropriate conduct
that is described in this policy will not be tolerated and we have
provided a procedure by which inappropriate conduct will be dealt
with, if encountered by employees.
C.
Because the Town of Lancaster takes allegations of sexual harassment
seriously, we will respond promptly to complaints of sexual harassment
and, where it is determined that such inappropriate conduct has occurred,
we will act promptly to eliminate the conduct and impose such corrective
action as is necessary, including disciplinary action where appropriate.
D.
Please note that while this policy sets forth our goals of promoting
a workplace that is free of sexual harassment, the policy is not designed
or intended to limit our authority to discipline or take remedial
action for workplace conduct which we deem unacceptable, regardless
of whether that conduct satisfies the definition of sexual harassment.
A.
In Massachusetts, the legal definition for sexual harassment is this:
"sexual harassment" means sexual advances, requests for sexual favors,
and verbal or physical conduct of a sexual nature when:
(1)
Submission to or rejection of such advances, requests or conduct
is made either explicitly or implicitly a term or condition of employment
or a basis for employment decision; or
(2)
Such advances, requests or conduct have the purpose or effect of
unreasonably interfering with an individual's work performance
by creating an intimidating, hostile, humiliating or sexually offensive
work environment.
B.
Under these definitions, direct or implied requests by a supervisor
for sexual favors in exchange for actual or promised job benefits
such as favorable reviews, salary increases, promotion, increased
benefits, or continued employment constitutes sexual harassment.
C.
The legal definition of sexual harassment is broad and, in addition
to the above examples, other sexually oriented conduct, whether it
is intended or not, that is unwelcome and has the effect of creating
a workplace environment that is hostile, offensive, intimidating,
or humiliating to male or female workers may also constitute sexual
harassment.
D.
Prohibited conduct also extends to any function or activity that
is officially sponsored by the Town of Lancaster.
E.
While it is not possible to list all those additional circumstances
that may constitute sexual harassment, the following are some examples
of conduct that, if unwelcome, may constitute sexual harassment depending
upon the totality of the circumstances including the severity of the
conduct and its pervasiveness:
(1)
Unwelcome sexual advances, whether they involve physical touching
or not.
(2)
Sexual epithets, jokes, written or oral references to sexual conduct,
gossip regarding one's sexual activity, deficiencies or prowess.
(3)
Displaying sexually suggestive objects, pictures, and cartoons.
(4)
Unwelcome leering, whistling, brushing against the body, sexual gestures,
suggestive or insulting comments.
(5)
Requests for sexual favors in exchange for actual or promised job
benefits such as favorable reviews, salary increases, promotions,
increased benefits, or continued employment.
(6)
Assault or coerced sexual acts.
(7)
Inquiries into one's sexual experience.
(8)
Discussion of one's sexual activities.
(9)
Comments regarding gender stereotypes, which demean, embarrass or
humiliate employees.
F.
All employees should take special note that, as stated above, retaliation
against an individual who has complained about sexual harassment,
and retaliation against individuals for cooperating with an investigation
of a sexual harassment complaint is unlawful and will not be tolerated
by the Town.
If any of our employees believes that he/she has been subject
to sexual harassment, the employee has the right to file a complaint
with our organization. This may be done in writing or orally to the
Town Administrator.
If you believe you are the victim of sexual harassment, in addition to the right to file a complaint, you may also seek advice from the Town Administrator. He/she is available to discuss any concerns you may have and to provide information to you about our policy on sexual harassment and our complaint process. If you desire, he/she will work with you to find a way of resolving your concerns in an informal manner acceptable to you and in a manner which would offer you as much privacy and confidentiality as is possible. If this option does not resolve the complaint, you may proceed through our complaint procedure set forth in § 140-48 below.
A.
When the Town Administrator receives the complaint, he will then
investigate the allegation in a fair and expeditious manner. The investigation
would include a private interview with the person filing the complaint
and with witnesses. He/she will also interview the person alleged
to have committed sexual harassment. The Town Administrator may, if
necessary, request written statements in addition to the private interviews.
If the Town Administrator is unable to resolve the complaint, he will
report the investigative findings to the appointing authority for
disposition.
B.
If the investigation reveals that sexual harassment did occur, the
Town would act promptly to eliminate the offending conduct, and, where
it is appropriate, will also impose disciplinary action, which could
include termination from employment. In addition, when the investigation
is completed through formal or informal procedures, we will inform
the person filing the complaint and the alleged harasser of the results
of that investigation, including allegations that have not been substantiated.
C.
If you would like to file a complaint, you may do so by contacting
the Town Administrator.
If sexual harassment has been committed by one of our employees,
we will take such action as is appropriate under the circumstances.
Such actions may include counseling, informal or formal reprimands,
written or verbal warnings, suspension, reduction in pay, reduction
in duties, transfers, and other formal sanctions including termination
from employment.
A.
In addition to the above, if you believe you have been subjected
to sexual harassment, you may file a formal complaint with either
or both of the government agencies set forth below.
(1)
The United States Equal Employment Opportunity Commission ("EEOC").
|
John F. Kennedy Federal Building, 475 Government Center, Boston,
MA 02203 (800)-669-4000
|
(2)
The Massachusetts Commission Against Discrimination ("MCAD").
(a)
Boston Office
|
One Ashburton Place
Sixth Floor, Room 601
Boston, MA 02108
Phone: 617-994-6000
TTY: 617-994-6196
|
(b)
Springfield Office
|
436 Dwight Street
Second Floor, Room 220
Springfield, MA 01103
(413) 739-2145
|
(c)
Worcester Office
|
Worcester City Hall
455 Main Street, Room 100
Worcester, MA 01608
(508) 799-8010
(508) 799-8490 – FAX
|
(d)
New Bedford Office
|
800 Purchase St., Rm 501
New Bedford, MA 02740
(508) 990-2390
(508) 990-4260 – FAX
|
B.
Using our complaint process does not prohibit you from filing a complaint
with these agencies. Each of the agencies has a short time period
for filing a claim (EEOC: 300 days; MCAD: 300 days).
