The Village of Malone 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 Village of Malone 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 Village of
Malone's policy to provide an employment environment free from
harassment and discrimination based on sex.
A. Scope of policy. This policy applies to all Village employees and
all personnel in a contractual or other business relationship with
the Village of Malone including, for example, applicants, temporary
or leased employees, independent contractors, vendors, consultants,
volunteers and visitors. Depending on the extent of the Village of
Malone's exercise of control, this policy may be applied to the
conduct of non-employees with respect to unlawful harassment and/or
discrimination of Village employees in the workplace. This policy
applies with equal force on Village of Malone's property as it
does at Municipal-sponsored events, programs, and activities that
take place off Municipal premises.
B. Policy objectives. By adopting and publishing this policy, it is
the intention of the Village of Malone's Board of Trustees to:
(1) Notify employees about the types of conduct that constitute sexual
harassment and discrimination prohibited by this policy;
(2) Inform employees about the complaint procedures established by the
Village of Malone 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 Village of Malone;
(3) Clearly advise all supervisory staff, administrators, and employees
that sexual harassment and discrimination is strictly prohibited and
no such person possesses the authority to harass or discriminate;
and
(4) Notify all employees that the Village of Malone has appointed a Compliance
Officer who is specifically designated to receive complaints and ensure
compliance with this policy. (NOTE: The names and office location
of each Compliance Officer designated to receive and investigate complaints
are listed below at the end of this policy.)
PROHIBITED DISCRIMINATION OF EMPLOYEES
Prohibited discrimination of employees can take the form
of any negative treatment of an employee, by either a Village of Malone
employee or official, or a third party engaged in activities sponsored
by the Village of Malone, which (a) negatively impacts an employee's
employment opportunities and/or employment benefits; and (b) is based
upon the employee's sex. Prohibited discrimination of employees
can also take the form of harassment 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 sex discrimination, and "sexual harassment"
as defined below.
SEXUAL HARASSMENT
A.
Sexual harassment is prohibited, including, but not limited
to, inappropriate forms of behavior described by the Equal Employment
Opportunity Commission as follows:
(1)
Submission to such conduct is made either explicitly or implicitly
a term or condition of an individual's employment;
(2)
Submission to, or rejection of, such conduct by an individual
is used as the basis for employment decisions affecting such individual
(e.g., promotion, transfer, demotion, termination); or
(3)
Such gender-based conduct has the purpose or effect of unreasonably
interfering with an individual's work performance, or of creating
an intimidating, hostile or offensive working environment.
B.
Specific forms of behavior the Village of Malone considers sexual
harassment are set forth below. Every conceivable example cannot be
delineated herein, and thus the descriptions below should not be interpreted
in any way as being all-inclusive.
(1)
VERBALAbusive verbal language including jokes, comments, teasing or threats related to an employee's sex, sexual activity and/or body parts whether or not said in that person's presence, including, but not limited to, sexual innuendos; slurs; suggestive, derogatory, or insulting comments or sounds; whistling; jokes of a sexual nature; sexual propositions; threats; comments on a person's appearance that make the person feel uncomfortable because of his or her sex; continuing to ask someone for dates or to meet after work after the person has made it clear that he or she does not want to go; sexually oriented comments about an employee's anatomy that are unwelcome, unreasonably interfere with an employee's work performance, or create an intimidating, hostile or offensive work environment; and unwelcome sexual advances or demands for sexual favors.
(2)
NONVERBALAbusive written language showing or displaying pornographic or sexually explicit objects or pictures; graphic commentaries; luring or obscene gestures in the workplace; staring at a person's body in a sexually suggestive manner; sexually related gestures or motions; sending sexually graphic material through the Village of Malone e-mail system or other electronic communication devices (e.g., voice mail) or using the Village of Malone's mail or computers to view such material.
(3)
PHYSICALUnwelcome physical conduct, including, but not limited to, petting, pinching, grabbing, holding, hugging, kissing, tickling, massaging, displaying private body parts, coerced sexual intercourse, assault, persistent brushing up against a person's body, unnecessary touching and flashing or other unwelcome physical conduct.
C.
While a single incident of these types of behavior may not create
a hostile learning 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 sexual harassment.
The Village of Malone will investigate all allegations of discrimination
and harassment prohibited by this policy as promptly as possible.
Any questions by employees of the Village of Malone about this policy or potential harassment or discrimination should be brought to the attention of one of the Village of Malone's Compliance Officers or the chief elected official, HR Manager or municipal manager. The names, addresses, and telephone numbers of the Village of Malone's Compliance Officers are listed in §
80-10 of this policy.