[HISTORY: Adopted by the Town Board of the
Town of Cazenovia 8-10-2020 by Res. No. 90-2020.[1] Amendments noted where applicable.]
[1]
Editor’s Note: This resolution also superseded former
Ch. 40, Policy Against Discrimination and Harassment, adopted 11-6-2017 by Res. No. 139-2017.
The Town believes in the dignity of the individual and recognizes
the rights of all people to equal employment opportunities in the
workplace. In this regard, the Town is committed to a policy of protecting
and safeguarding the rights and opportunities of all people to seek,
obtain and hold employment without subjugation to harassment or discrimination
in the workplace. It is the Town's policy to provide an employment
environment free from harassment and discrimination based on race,
color, gender, religion, religious creed, sex, marital status, age,
national origin or ancestry, physical or mental disability, genetic
information, military or veteran status, sexual orientation, gender
identity, gender expression, pregnancy (including childbirth and related
medical conditions, and including medical conditions related to lactation),
citizenship or any other characteristics protected by applicable federal,
state or local law.
A.
Applicability of policy. This policy applies to all Town employees,
irrespective of whether the nature of employment is full-time, part-time,
temporary or seasonal. The policy equally applies to all of the Town's
appointed officers, elected officials, and all other personnel in
a contractual or other business relationship with the Town, including,
for example, applicants, interns (whether paid or unpaid), independent
contractors, vendors, consultants, volunteers and visitors. Depending
on the extent of the Town's exercise of control, this policy may be
applied to the conduct of nonemployees with respect to unlawful harassment
and/or discrimination of the Town's employees in the workplace. This
policy applies with equal force on Town property as it does at municipal
sponsored events, programs, and activities that take place off premises.
B.
Policy objectives. By adopting and publishing this policy, it is
the intention of the Town's Board to:
(1)
Notify employees about the types of conduct that constitute harassment
and discrimination prohibited by this policy;
(2)
Inform employees about the complaint procedures established by the
Town that enable any employee who believes (s)he is the victim of
harassment or discrimination to submit a complaint which will be investigated
by the Town;
(3)
Clearly advise all supervisory staff, administrators, and employees
that harassment and discrimination is strictly prohibited and no such
person possesses the authority to harass or discriminate; and
(4)
Notify all employees that the Town has designated individuals to
receive complaints and ensure compliance with this policy.
As used in this chapter, the following terms shall have the
meanings indicated:
A non-exhaustive list of behaviors and actions that the Town
considers harassment is set forth below. All reports of harassment
of any kind are investigated on a case-by-case basis. Accordingly,
the descriptions below should not be interpreted in any way as being
all-inclusive.
Verbal: Abusive verbal language including jokes, comments, teasing
or threats related to an employee's protected characteristic; slurs;
suggestive, derogatory, or insulting comments or sounds; jokes; threats;
comments on a person's appearance that make the person feel uncomfortable
because of his or her protected characteristic; comments about an
employee's anatomy or protected characteristic that are unwelcome,
unreasonably interfere with an employee's work performance, or create
an intimidating, hostile or offensive work environment; and unwelcome
advances or demands based on someone's protected characteristic.
Nonverbal: Abusive or graphic commentaries based on a protected
characteristic; derogatory cartoons or caricatures; luring or obscene
gestures in the workplace; gestures or motions based on a protected
characteristic; sending material through the Town e-mail system or
other electronic communication devices (e.g., voicemail) or using
the Town's mail or computers to view material that is demeaning or
derogatory based on one's protected characteristic.
Physical: Unwelcome physical conduct, including but not limited
to: hitting, pushing, shoving, slapping, pinching, holding, assault,
unnecessary touching or other unwelcome physical conduct.
While a single incident of these types of behavior may not create
a hostile working environment, if such behavior is severe, persistent
or pervasive, or if submission to such conduct is made either explicitly
or implicitly a term or condition of employment or receipt of employment
benefits, such conduct constitutes prohibited harassment.
Harassment includes, but is not limited to:
Conduct that unreasonably interferes with the ability of any
employee or nonemployee to perform their expected job duties. This
includes extending welcome or unwelcome attention and/or hostility
to someone based on a protected characteristic, which thereby reduces
personal productivity or time available to work at assigned tasks.
Conduct which creates an intimidating, hostile, or offensive
work environment. This includes unwelcome or unwanted conversations,
suggestions, requests, demands, physical contacts or attentions that
are based upon any other protected characteristic.
Slurs, jokes, or other verbal, visual, or physical conduct relating
to an individual's race, color, gender/sex, religion, national origin,
age, disability, sexual orientation, marital/family status, or any
other characteristic protected by applicable state, local or federal
law.
Any and all forms of workplace harassment are strictly prohibited.
Any adverse employment action against an employee, by either
a Town employee or official or a third party engaged in activities
sponsored by the municipality, which is based upon the employee's
protected characteristic. Prohibited discrimination of employees also
includes harassment based on a protected characteristic even where
there is no tangible impact upon the employee's employment opportunities
and/or employment benefits. The phrase "prohibited discrimination"
as used in this policy includes all forms of prohibited discrimination
and harassment based on a protected characteristic, as defined below.
A.
The Town prohibits harassment and discrimination based on any characteristic
protected by applicable law and has zero tolerance for any form of
unlawful discrimination or harassment. The Town will take all steps
necessary to prevent and stop the occurrence of unlawful discrimination
and/or harassment in the workplace.
B.
All employees, including but not limited to Town officers and supervisory personnel, are responsible for ensuring a work environment free from prohibited harassment and discrimination. All employees will be held responsible and accountable for avoiding or eliminating inappropriate conduct that may give rise to a claim of harassment or discrimination. Employees are encouraged to report incidents of harassment as soon as possible after the occurrence in accordance with the complaint procedure set forth in § 40-4 of this chapter. Any Town official who receives such a complaint must take immediate and appropriate corrective action when suspected instances of prohibited harassment and/or discrimination to assure compliance with this policy, and must report the suspected misconduct to the Town Supervisor or a member of the Town Board.
C.
Each employee is assured, pursuant to § 40-6 of this chapter, that retaliation against an individual who makes a complaint or report under this policy is absolutely prohibited and constitutes, in and of itself, a violation of this policy. Employees who engage in retaliation against any employee for making a good faith complaint of harassment or discrimination, for opposing in good faith any practices forbidden by applicable anti-discrimination laws or for filing a good faith complaint with, or otherwise participating in any manner in an internal workplace investigation or an external investigation, proceeding or hearing conducted by any federal or state agency charged with enforcing employment discrimination laws shall be subject to discipline, up to and including termination of employment. Any employee who believes he/she has been retaliated against in violation of this policy should report violations of this policy in accordance with the complaint procedure set forth in this policy.
D.
Any questions regarding the scope or application of this policy should
be directed to the Town Supervisor or a member of the Town Board.
A.
Complaint procedure for employees.
(1)
Notification procedure. Prompt reporting of complaints or concerns
is required so that timely and constructive action can be taken. Reporting
of all perceived incidents of prohibited discrimination and/or harassment
is essential, regardless of the offender's identity or position. An
employee or other individual who feels aggrieved because of harassment
or discrimination shall contact his or her supervisor/department head,
the Town Supervisor or a member of the Town Board.
(2)
Making a complaint. Any Town employee or appointed/elected officer
who feels that he/she has experienced or observed discrimination and/or
harassment in the workplace should report the matter directly to his/her
immediate supervisor. If the complainant feels uncomfortable reporting
the harassment to his/her supervisor, he/she should instead report
the matter to his/her department head, the Town Supervisor, or any
member of the Town Board. Employees who work during off-hours are
encouraged to contact their supervisors or any other aforementioned
Town officer at home if these individuals do not work during the employees'
shift. The Town will not tolerate violations of this policy and strongly
encourages reporting of suspected harassment or discrimination as
soon as it occurs.
B.
Time for reporting a complaint. Prompt reporting of all complaints
is strongly encouraged. All employees should be aware that appropriate
resolution of complaints and effective remedial action oftentimes
is possible only when complaints are promptly filed.
C.
Confidentiality and privacy. Complaints will be handled and investigated
promptly and in as impartial and confidential a manner as possible.
In no event will information concerning a complaint be released by
the Town to third parties or to anyone within Town employment who
is not directly involved in the investigation of the complaint unless
otherwise required by law. All information obtained, as well as any
resulting actions, will be held in strict confidence and will be disclosed
only on a need-to-know basis during the investigation and resolution
of the matter.
D.
Falsified charges. If, after thorough investigation, one is found
to have intentionally falsified a charge of harassment and/or discrimination,
or is found to have corroborated with such a falsified charge, he/she
will be subject to disciplinary action up to and including termination
of employment.
Generally, investigation of a complaint will be conducted by
the complainant's department head or immediate supervisor and will
normally include conferring with the parties involved and any named
or apparent witnesses. The particular facts of the allegation will
be examined individually, with a review of the nature of the behavior
and the context in which the incident(s) occurred. All investigations
will be conducted in a fair, timely, and thorough manner that provides
all parties appropriate due process and reaches reasonable conclusions
based on the evidence collected. In those instances when a department
head or supervisor requests or requires assistance, or when the department
head or supervisor is named in the complaint or involved in the incident,
the Town Board will appoint another individual to conduct the investigation,
as appropriate. If, at the end of the investigation, misconduct is
found, appropriate remedial measures (including discipline) shall
be taken, including but not limited to termination from employment.
A.
Retaliation (i.e., intimidation, coercion, threats, reprisal or discrimination)
is strictly prohibited by this policy and by law against anyone for
making a good faith complaint of harassment or discrimination, for
opposing in good faith any practices forbidden by applicable anti-discrimination
laws or for filing a good faith complaint with, or otherwise participating
in any manner in an internal or external investigation, proceeding
or hearing conducted by any federal or state agency charged with enforcing
employment anti-discrimination laws.
B.
Complaints of retaliation should be brought directly to the Town
Supervisor or a member of the Town Board. Such complaints will be
promptly investigated. If retaliation is found, the person retaliating
will be subject to corrective action up to and including termination
from employment, or, in the case of a nonemployee, an appropriate
remedy up to and including termination of the business relationship.
A.
The Town shall maintain a written record of all complaints of discrimination
and/or harassment for a period of at least three years. The Town shall
also document the steps taken with regard to investigations, as well
as conclusions reached and remedial action taken, if any. The Town
shall also maintain these documents for, at a minimum, three years.
B.
The Town's records regarding alleged discrimination shall be maintained
separate and apart from personnel records.
