[HISTORY: Adopted by the Town Board of the Town of LeRoy 6-13-1996 by L.L. No.
2-1996. Amendments noted where applicable.]
GENERAL REFERENCES
Personnel policies — See Ch. A175.
In recognition of the dignity and value of each person employed
by the Town of LeRoy, this policy concerning sexual harassment is
promulgated Townwide. 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 Town of LeRoy 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 Town. 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 Town of LeRoy.
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 unreasonable interfering
with an individual's work or creates an intimidating, hostile or offensive
work environment, and can include:
GENDER HARASSMENTGeneralized sexist remarks and behavior.
SEDUCTIVE BEHAVIORInappropriate, unwanted, offensive physical or verbal sexual advances.
SEXUAL BRIBERYSolicitation of sexual activity or other sex-linked behavior by promise of reward.
SEXUAL COERCIONCoercion of sexual activity by threat of punishment.
SEXUAL ASSAULTGross sexual imposition, like touching, fondling, grabbing or assault.
Sexual harassment of any type, as defined in § 129-3, 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 Town of LeRoy 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 Town of LeRoy 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 and ongoing monitoring of the work site.
The Town Clerk of the Town of LeRoy 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 Town Clerk, in writing. The Town Clerk shall promptly investigate
and attempt to resolve complaints involving violations of this policy
and recommend to the Town Board the appropriate penalties to be imposed
against violators. All investigations shall be conducted as confidentially
as possible. (In any case where the Town Clerk shall be the subject
of a complaint, such complaint shall be made to the Supervisor and
not to the Town Clerk.)
A.
The Town of LeRoy shall establish training sessions for all employees
regarding their rights and obligations in maintaining a work site
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 work site as free from harassment as possible.
B.
The Town Clerk and any other individuals administering the response
process to sexual harassment complaints shall receive additional and
continual training.
It shall be a violation of this policy for any employee of the
Town of LeRoy to make any groundless, untruthful, malicious, unfounded
or otherwise false report regarding alleged sexual harassment by any
other person and subject such employee to all the sanctions and/or
remedies herein provided.
In accordance with NYCRR (New York Code of Rules and Regulations),
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 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 Town Clerk making a finding or rendering a decision as
to whether probable cause exists to believe the accusation is true
or false.
(3)
If probable cause is found to exist, the accuser will be allowed
to bring in a collective bargaining association representative and/or
legal counsel.
(4)
The accused harasser shall also be entitled to the benefits of any
other procedures available 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 Town of LeRoy and posted in areas where it will be
available for free review by employees and persons dealing with them.
