[HISTORY: Adopted by the Township Council
of the Township of East Hanover 5-5-1994 by Ord. No. 18-1994.
Amendments noted where applicable.]
In recognition of the dignity and value of each
person employed by the Township of East Hanover, this policy concerning
sexual harassment is promulgated township-wide. All employees should
be allowed to work in an environment free from all forms of discrimination
and conduct which may be considered harassing, coercive or disruptive,
including sexual harassment. Sexual harassment undermines the integrity
of the employment relationship, debilitates morale and interferes
with work productivity and therefore will not be tolerated.
The Township of East Hanover is committed to
providing a work environment where women and men can work together
comfortably and productively, free from sexual harassment. Such behavior
is illegal under both state and federal law and will not be tolerated
in the township. This policy applies to all phases of employment,
including recruiting, testing, hiring, upgrading, promotion or demotion,
transfer, layoff, termination, rates of pay, benefits and selection
for training, travel or municipal social events, and is applicable
to all officers or employees elected or appointed by the Township
of East Hanover.
As used in this chapter, the following terms
shall have the meanings indicated:
Unsolicited and unwelcome sexual advances, requests for sexual
favors, written contact through obscene materials and other verbal
or physical contact of a sexual nature when:
Submission to such conduct is made either explicitly or is implied
by a term or condition of an individual's employment.
Submission to or rejection of such conduct by an individual
is used as the basis for employment decisions affecting such individual.
Such conduct has the purpose or effect of unreasonably interfering
with an individual's work or creates an intimidating, hostile
or offensive work environment, and can include:
Gender harassment: Generalized sexist remarks and behavior;
Seductive behavior: Inappropriate, unwanted, offensive physical
or verbal sexual advances;
Sexual bribery: Solicitation of sexual activity or other sex-linked
behavior by promise of reward;
Sexual coercion: Coercion of sexual activity by threat of punishment;
and
Sexual assault: Gross sexual imposition like touching, fondling,
grabbing or assault.
Sexual harassment of any type, as defined in § 49-3, is prohibited. Additionally, if the unwelcomed behavior does not fit into the above categories but is the inappropriate sexualization of an otherwise nonsexual relationship, it will be considered sexual harassment.
In addition, the Township of East Hanover will
take all reasonable steps to prevent or eliminate sexual harassment
by nonemployees, including vendors, sales personnel or members of
the public who are likely to have workplace contact with the employees.
The Township of East Hanover shall take all
reasonable steps to see that this policy prohibiting sexual harassment
is followed by all employees and others who have contact with employees.
This prevention plan will include training sessions, ongoing monitoring
of the worksite and a confidential employee survey to be conducted
and evaluated every six months.
The Township Administrator is hereby appointed
to administer this policy. All complaints of sexual harassment and
retaliation for reporting or participating in an investigation shall
be directed to the Administrator, in writing. The Administrator shall
promptly investigate and attempt to resolve complaints involving violations
of this policy and recommend to the Township Council the appropriate
penalties to be imposed against violators. All investigations shall
be conducted as confidentially as possible. (In any case where the
Administrator shall be the subject of a complaint, such complaint
shall be made to the Mayor and not to the Administrator.)
A.
The Township of East Hanover shall establish training
sessions for all employees regarding their rights and obligations
in maintaining a worksite free of sexual harassment, and the legal
options available if they are harassed, as well as in training supervisory
personnel in how to keep the worksite as free from harassment as possible.
B.
The Township Administrator and any other individuals
administering the response process to sexual harassment complaints
shall receive additional and continual training.
In accordance with N.J.A.C. 4A:7 et seq., Equal
Employment Opportunity and Affirmative Action, the procedures promulgated
shall include the following elements:
A.
Confidentiality. Sexual harassment investigations
and proceedings will be conducted in a manner to protect the confidentiality
of the complainant, the accused harasser and all witnesses. All parties
involved will be advised to maintain strict confidentiality to safeguard
the privacy and reputation of all involved.
B.
Retaliation. Any employee bringing a sexual harassment
complaint or assisting in investigating such a complaint will not
be adversely affected in terms and conditions of employment or discriminated
against or discharged because of the complaint. Complaints of such
retaliation may be cause for disciplinary action and will be promptly
investigated and the offender punished if the complaint is sustained.
C.
Protection of parties.
(1)
All complaints will be investigated. Complainants
and the alleged harasser will be kept fully abreast of the steps taken
during the investigation process.
(2)
The accused harasser will have an opportunity to be
heard and will be allowed to present any witnesses documentation or
other evidence prior to the Township Administrator making a finding
or rendering a decision as to whether probable cause exists to believe
the accusation is true or false.
(3)
This policy shall not be used to intentionally bring
frivolous or malicious charges against any employee.
(4)
If probable cause is found to exist, the accuser will
be allowed to bring in a collective bargaining association representative
and/or legal counsel.
(5)
The accused harasser shall also be entitled to the
benefits of any other procedures available for such procedures available
for such purposes pursuant to any existing collective bargaining or
employment agreement then in effect, if said procedures are applicable.
D.
Sanctions/remedies. Sanctions for employees found
in violation of this policy will be subject to progressive discipline,
when appropriate, which includes:
Any employee found to have violated this policy
shall be subject to the appropriate disciplinary action, including
warnings, reprimand, suspension or termination, according to the severity
of the offense and with regard to prior offenses, following a complaint
investigation. If such an investigation reveals that sexual harassment
has occurred, the harasser may also be held legally liable for his
or her actions under state and federal antidiscrimination laws or
in separate legal action.
A copy of this policy shall be distributed to
all officers and employees of the Township of East Hanover and posted
in areas where it will be available for free review by employees and
persons dealing with them.
