[HISTORY: Adopted by the Board of Trustees of the Village
of Sloan 4-11-2006. Amendments
noted where applicable.]
Employees are the most important part of this organization.
They deserve to be treated with respect and dignity. It is the policy
of the Village of Sloan that all of our employees be able to enjoy
a work environment free from all forms of employment discrimination,
including all forms of illegal harassment based upon sex, sexual orientation,
race, color, religion, national origin, age, physical or mental disability
or legally protected activities. It is equally important that all
employees interacting with Village residents treat them with the same
respect and dignity they would their fellow employees.
To prevent harassment in the workplace, the Village of Sloan
has adopted this policy against harassment. This policy applies to
all work-related settings, activities and property (e.g., telephones,
copy machines, facsimile machines, computers and computer applications
such as e-mail and Internet access). This policy covers conduct between
all employees, including, in the case of sexual harassment, male/female,
female/male and members of the same sex. This policy also covers conduct
between employees and nonemployees while the employee is acting as
a representative of the Village or involved in a Village-sponsored
activity or function.
The following are examples of acts which violate the Village
of Sloan's sexual harassment policy. This is not to be construed
as an all-inclusive list of prohibited acts under the policy.
A.
Physical assaults of a sexual nature, such as:
(1)
Rape, sexual battery, molestation or attempts to commit those offenses,
or committing an act with intent to cause fear in another of immediate
bodily harm or death; and
(2)
Intentional physical conduct which is sexual in nature, such as touching,
pinching, patting, grabbing, brushing against another employee's
body, or poking another employee's body, or touching the clothing
covering the immediate area of the complainant's intimate parts.
B.
Unwelcome sexual advances, propositions or other sexual comments,
such as:
(1)
Sexually oriented gestures, sounds, remarks, jokes or comments about
a person's sexuality or sexual experience directed at or made
in the presence of any individual;
(2)
Preferential treatment or promise of preferential treatment for submitting
to sexual conduct, including soliciting or attempting to solicit any
individual to engage in sexual activity for compensation or reward;
and
(3)
Subjecting or threatening to subject an individual to unwelcome sexual
attention or conduct or intentionally making job performance more
difficult because of the individual's gender.
C.
Display of publications anywhere in the Village's workplace,
such as:
(1)
Displaying pictures, posters, cartoons, calendars, graffiti, objects,
promotional materials, reading materials, music or other materials
that are sexually suggestive, sexually demeaning or pornographic;
exceptions will be considered in situations where nudity or sexually
explicit language is necessary to convey a message important to public
health and/or safety;
(2)
Displaying or publicizing, in the work environment, materials that
are in any way sexually revealing, sexually suggestive, sexually demeaning
or pornographic;
(3)
Displaying signs or other material purporting to segregate an individual
by gender in any area of the workplace (other than rest rooms and
similar semiprivate lockers/changing rooms);
(4)
Production, transmission or display of any sexually explicit material
electronically via fax, e-mail, Internet postings or similar modes
of communication; and
(5)
Possession of such material in a manner that they may be seen by
others.
D.
Sexual favoritism. Impact on other employees.
(1)
The granting or withholding of employment opportunities and benefits,
including, but not limited to, job assignments, unequal discipline,
promotion, evaluation and compensation, constitutes sexual harassment
when it is based on sexual favoritism, and is prohibited.
E.
Other forms of prohibited sexual harassment. Other conduct that has
the purpose or effect of unreasonably interfering with work performance
or working conditions on the basis of gender may also constitute sexual
harassment and, therefore, is prohibited. Examples of conduct which,
when based upon gender, constitute prohibited sexual harassment include:
(1)
Assigning disagreeable or unsafe duties or not making comparable
assignments that would tend to disadvantage an employee's development
or career;
(2)
Withholding information, materials, equipment or supplies which are
necessary for the efficient performance of a job;
(3)
Unreasonably failing to cooperate or assist employees with work-related
matters;
(4)
Interfering with an employee's efforts to satisfactorily complete
a job assignment;
(5)
Maintaining unequal standards of performance;
(6)
Ostracizing individuals or otherwise making it known that they are
not welcomed in the workplace because of their gender;
(7)
Referring to individuals by sexually denigrating or insulting names
because of their gender; and
(8)
Slurs, disparaging remarks, spreading rumors, participating in conversations
about another's real or perceived sexual activity.
F.
Retaliation for sexual harassment complaints. Examples of retaliation
may include:
(1)
Arbitrary discipline, unwarranted change of work assignments, providing
inaccurate work information, or failing to cooperate or discuss work-related
matters with any individual because that individual has complained
about, been a witness to or resisted harassment, discrimination or
retaliation; and
(2)
Intentionally pressuring, falsely denying, lying about, or covering
up or attempting to cover up conduct such as that described in any
item above.
A.
The Village is committed to resolving these complaints as quickly
and efficiently as possible. If you believe that you have been harassed
or have knowledge that others have been harassed, you are encouraged
to contact your immediate supervisor or the designated Village Equal
Employment Opportunity Officer (Mayor).
B.
An individual may seek either an informal or formal resolution to
their complaint:
(1)
Informal. Where behaviors may be offensive and the offended party
has a desire to stop the behaviors without formal procedure, the individual
may notify the offending party directly, but is not required to do
so. The employee may also request a supervisor to intervene by notifying
the alleged offender or the entire work unit that the specific offensive
behavior(s) will not be tolerated. In such case the supervisor must
discuss the matter with the alleged offender and, if warranted, require
that he/she participate in nondisciplinary counseling. The supervisor
shall document actions taken and inform the EEO Officer in writing.
Copies will also be forwarded to the Village Solicitor's office.
(2)
Formal.
(a)
An individual who believes that he/she has been harassed can
file a complaint requesting an investigation into the allegation.
Formal complaints shall be taken in writing and signed by the complainant.
A thorough and complete investigation shall be conducted by the EEO
Officer.
(b)
To the extent possible, confidentiality shall be maintained
within the confines of the investigation of the alleged behavior prohibited.
All parties will be treated with dignity and respect.
A.
Equal Employment Opportunity Officer. The Village of Sloan has an
EEO Officer (Mayor) capable of conducting a thorough investigation.
Each department shall routinely and continuously post notice of the
role of the EEO Officer along with the name, work location and telephone
number where he/she can be reached.
B.
Conducting investigations.
(1)
Any supervisor or the EEO Officer receiving a complaint of harassment
shall take the details of the complaint in writing and have the complainant
sign it. Copies of this document will be forwarded to the EEO Officer.
All complaints of harassment against a Village employee shall be received,
investigated and disposed of in accordance with the procedures set
forth in this policy, and complainants shall be notified of the final
disposition/action taken by the EEO Officer.
(2)
If the complaint involves sexual assault, rape or conduct of a criminal
nature, the Cheektowaga Police Department shall be contacted and a
report of the incident made. If there is any question in the mind
of the EEO Officer of whether the conduct complained of constitutes
criminal activity, the Village Solicitor's office should be contacted.
(3)
The EEO Officer shall attempt to secure statements from all participants
in and witnesses to the alleged incident. The accused shall have the
right of representation during his/her interview as required by law.
All investigations shall be completed by the EEO Officer within 60
days from the filing date of the complaint. Extenuating circumstances
for not being able to comply with the deadline must be communicated
to the complainant within this time period.
(4)
Within 15 days of the completion of the investigation, the EEO Officer
will make a determination if the facts and findings revealed in the
investigation result in the charge being substantiated or unsubstantiated.
(5)
If the charge is substantiated, the EEO Officer shall, after review
and consultation with the Village Solicitor's office, determine
the appropriate level of discipline. Such discipline as is deemed
appropriate will be initiated within five working days of the conclusion
of consultation and in accordance with disciplinary procedures and
applicable collective bargaining agreements. Documents regarding substantiated
charges of sexual harassment are permitted to be placed in the accused
employee's personnel file. Documents regarding unsubstantiated
charges shall not be placed in personnel files but shall be maintained
by the EEO Officer in a confidential EEO file established expressly
for retaining complaints of sexual harassment against employees of
the Village. The EEO Officer shall forward a copy of the entire investigation
file as well as the written conclusion and recommendation of the investigation
to the Village Solicitor and any appropriate Village official.
C.
Training.
(1)
It is the responsibility of each EEO Officer to ensure that all supervisors
receive the appropriate training to enforce this policy.
(2)
Employees who, in the opinion of the EEO Officer, and who by the
nature of their position, situation or behavior would benefit from
harassment prevention training can be scheduled to receive prevention
training.
(3)
It is the responsibility of the EEO Officer to ensure that all employees,
both current and new hire, receive and sign for a copy of this policy.
