[HISTORY: Adopted by the Town Board of the Town of East Bloomfield 7-29-1996.
Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated.
- SEXUAL HARASSMENT
- Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when:
A.
Submission to such conduct is made either explicitly
or implicitly a term or condition of employment; or
B.
Submission to or rejection of such conduct by an employee
is used as the basis for employment decisions affecting the employee; or
C.
Such conduct has the purpose or effect of unreasonably
interfering with an employee's work performance or creating an intimidating,
hostile, or offensive working environment.
The purpose of this chapter is to maintain a healthy work environment
and to provide procedures for reporting, investigation and resolution of complaints
of harassment, sexual or otherwise.
It is the policy of the Town of East Bloomfield that all employees have
the right to work in an environment free of all forms of harassment. The town
does not condone, and will not tolerate, any harassment. Therefore, the town
shall take direct and immediate action to prevent such behavior and to remedy
all reported instances of harassment, sexual or otherwise.
A.
No employee shall either explicitly or implicitly ridicule,
mock, deride or belittle any person.
B.
Employees shall not make offensive or derogatory comments
based on race, color, sex, religion or national origin either directly or
indirectly to another person. Such harassment is a prohibited form of discrimination
under state and federal employment law and is also considered misconduct subject
to disciplinary action by the town.
A.
Each supervisor shall be responsible for preventing acts
of harassment. This responsibility includes:
(1)
Monitoring the unit work environment on a daily basis
for signs that harassment may be occurring;
(2)
Counseling all employees on the types of behavior prohibited
and the town procedures for reporting and resolving complaints of harassment;
(3)
Stopping any observed acts that may be considered harassment
and taking appropriate steps to intervene, whether or not the involved employees
are within his line of supervisor; and
(4)
Taking immediate action to limit the work contact between
two employees where there has been a complaint of harassment pending investigation.
B.
Each supervisor has the responsibility to assist any
employee of the town who comes to that supervisor with a complaint of harassment
in documenting and filing a complaint with the Town Supervisor.
C.
Each employee of the town is responsible for assisting
in the prevention of harassment through the following acts:
D.
Failure to take action to stop known harassment shall
be grounds for discipline.
A.
Employees encountering harassment shall tell the person
that their actions are unwelcome and offensive. The employee shall document
all incidents of harassment in order to provide the fullest basis for investigation.
B.
Any employee who believes that he is being harassed shall
report the incident(s) to his supervisor as soon as possible so that steps
may be taken to protect the employee from further harassment, and appropriate
investigative and disciplinary measures may be initiated. Where this is not
practical, the employee may instead file a complaint with the Town Supervisor
or with the Town Board.
(1)
The supervisor or other person to whom a complaint is
given shall meet with the employee and document the incident(s) complained
of, the person(s) performing or participating in the harassment and the dates
on which it occurred.
(2)
The town employee taking the complaint shall expeditiously
deliver the complaint to the appropriate investigative authority (Town Board).
C.
The Town Board shall be responsible for the investigation
of any complaint alleging harassment.
(1)
The Town Board shall immediately notify the Town Supervisor
and the District Attorney's Office if the complaint contains evidence
of criminal activity, such as battery, rape or attempted rape.
(2)
The investigation shall include a determination whether
other employees are being harassed by the person and whether other town employees
participated in or encouraged the harassment.
(3)
The Town Board shall inform the parties involved of the
outcome of the investigation.
(4)
A file of harassment complaints shall be maintained in
a secure location. The Town Supervisor shall be provided with any annual summary
of these complaints.
D.
There shall be no retaliation against any employee for
filing a harassment complaint or assisting, testifying or participating in
the investigation of such a complaint.
E.
Complainants or employees accused of harassment may file
a grievance/appeal in accordance with town procedures when they disagree with
the investigation or disposition of a harassment claim.
F.
This chapter does not preclude any employee
from filing a complaint or grievance with an appropriate outside agency.
