Town of Williamson, NY
Wayne County
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[HISTORY: Adopted by the Town Board of the Town of Williamson 12-10-1991; amended in its entirety 3-26-2002 by L.L. No. 1-2002. Subsequent amendments noted where applicable.]
Any town employee and/or third parties are entitled to work in an atmosphere free from harassment of any type.
Title VII of the Federal Civil Rights Act of 1964 prohibits employment discrimination on the basis of race, color, sex, age, or national origin.
The purpose of this policy is to:
Establish the policy for the Town of Williamson that prohibits harassment of or by its employees in any form; and
Establish procedures by which allegations of harassment may be filed, investigated and adjudicated.
As used in this policy, the following terms shall have the meanings indicated:
Can be but not limited to any behavior that includes slurs, threats, derogatory comments, unwelcome jokes, etc.
Conduct directed at a particular person consisting of unwelcome words or actions of a sexual nature, such as sexual advances, requests for sexual favors and/or other verbal or physical conduct of a sexual nature when any or all of the following conditions exist:
Submission to such conduct is made either explicitly or implicitly a condition of an individual's securing or maintaining employment;
Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
Such conduct, provided that it is sufficiently severe or pervasive, has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment.
When an employee or other person believes he/she has been subjected to harassment by a town employee, the person shall make a complaint within 15 working days of the occurrence.
The complainant shall make the complaint, in writing, to the Supervisor.
The complainant shall be required to give a sworn statement or affidavit that the facts stated in the complaint are true to the best of the complainant's knowledge.
The complaint shall consist of specific factual allegations concerning words or actions directed towards the complainant, the manner in which the complainant indicated the words or actions were unwelcome and the impact upon the complainant's employment or working environment.
The Supervisor shall inform the complainant of the process to be followed in investigating and resolving the complaint and shall assure the complainant that confidentiality will be maintained to the extent possible in the process.
The Supervisor shall discuss the complaint as soon as possible with the person alleged to have committed the conduct and attempt to resolve the problem within one week to the satisfaction of both the complainant and that person. If such a resolution is achieved, the Supervisor shall note the details of the resolution, which shall be maintained confidentially by the Supervisor.
If the problem cannot be resolved as indicated in Subsection F, the Supervisor, with the advice of the Town Attorney, shall investigate the complaint completely within two weeks. The Supervisor shall make a full written record of the investigation.
As a result of his/her investigation, the Supervisor, with the advice of the Town Attorney, shall make a written determination as to whether harassment has occurred. In making such a determination, the Supervisor shall consider the totality of circumstances, including the specific conduct and its context, whether the complainant indicated the conduct was unwelcome and the credibility of the parties.
If the Supervisor determines that the harassment has occurred, the person alleged to have committed the conduct shall be subject to disciplinary action in accordance with procedures collectively bargained, where appropriate, or otherwise established by law.
Employees shall retain all contractual and statutory rights in any disciplinary proceedings.
The complainant shall be informed, in writing, of the disposition of the complaint, whether by informal resolution or disciplinary action.
Complaints brought against employees for non-work-related conduct shall not be investigated. If a complainant does not allege a job-related connection, the investigation must be terminated.