Harassment of an employee by a supervisor or co-worker on the basis of sex or inclusion in a protected class under law creates a harmful working environment and is illegal under state and federal law. It is the policy of the Town to maintain a working environment free from harassment, insults or intimidation on the basis of an employee's sex or inclusion in a protected class. While this policy specifically addresses sexual harassment, the Town will not tolerate harassment on any other basis as well (see § A174-3).
A. 
Sexual harassment. Sexual harassment is a violation of Title VII of the Civil Rights Act of 1964 as well as Connecticut General Statutes § 46a-60(a)(8). Sexual harassment is generally defined as verbal or physical conduct by a supervisor or co-worker relating to an employee's sex which has the effect of creating an intimidating, hostile or offensive work environment, unreasonably interfering with the employee's work performance, or adversely affecting the employee's employment opportunities. Such behavior is prohibited. While it is difficult to define sexual harassment precisely, it does include any unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when:
(1) 
Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment;
(2) 
Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
(3) 
Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive work environment.
B. 
Prohibited conduct. Although not an exhaustive list, the following are examples of the type of conduct prohibited by the policy against sexual harassment:
(1) 
Unwelcome sexual advances from a co-worker or supervisor, such as unwanted hugs, touches, or kisses;
(2) 
Unwelcome attention of a sexual nature, such as degrading, suggestive or lewd remarks or noises;
(3) 
Dirty jokes, derogatory or pornographic posters, cartoons or drawings; or
(4) 
The threat or suggestion that continued employment advancement, assignment or earnings depend on whether or not the employee will submit to or tolerate harassment.
C. 
Any infraction of this policy by any employee should be reported immediately to the Director of Administrative Services or the Town Manager. If, for any reason, an employee is uncomfortable reporting an incident of sexual harassment to either of these individuals, the employee may report the incident to his/her department head or to another supervisory employee in the Town's employ. All such supervisory employees are required to report incidents of sexual or other harassment to the Town Manager. The Town will endeavor to keep such reports or complaints confidential, sharing them with others only on a need-to-know basis, for the purposes of facilitating investigation and resolution. All reports or complaints of suspected sexual harassment will be investigated.
D. 
Retaliation against any employee for complaining about sexual harassment is prohibited under this policy and illegal under state and federal law. Violations of this policy will not be permitted and may result in discipline up to and including discharge from employment. Individuals who engage in acts of sexual harassment may also be subject to civil and criminal penalties.
E. 
Any employee who believes that he or she has been harassed in the workplace in violation of this policy may also file a complaint with the Connecticut Commission on Human Rights and Opportunities, 450 Columbus Boulevard, Hartford, CT 06103 (telephone and TDD number: 860-541-3400), and/or the Equal Employment Opportunity Commission, Boston Area Office, One Congress Street, Boston, MA 02114 (telephone number 617-565-2300; TDD number 617-565-3204). Connecticut law requires that a formal written complaint be filed with the Commission on Human Rights and Opportunities within 300 days of the date when the alleged harassment occurred. Remedies for sexual harassment include cease and desist orders, back pay, compensatory damages, hiring, promotion or reinstatement.
[Amended 6-14-2022]
F. 
In addition to sexual harassment, this policy prohibits all other types of harassment on the basis of race, color, religion, sex, age, disability, sexual orientation, marital status, pregnancy, military/veteran status, genetic information, gender identity/expression, hair texture/protective hairstyles or any other legally applicable protected status. Therefore, employees of the Town should also report situations involving any of these other forms of harassment, through the complaint and investigation procedure set forth above. Any questions should be directed to the Director of Administrative Services or the Town Manager. As with sexual harassment, employees may make inquiries of, or file complaints with, the Connecticut Commission on Human Rights and Opportunities.
[Amended 6-28-2011; 6-14-2022]