The City is committed to a policy of ensuring equal employment
opportunity to all employees and applicants for employment without
unlawful discrimination with regard to race, color, religion, creed,
gender, national origin, age, disability, marital status, citizenship
status, military or veteran status, sexual orientation, domestic violence
victim status, genetic information, or any other characteristic protected
by applicable law. In accordance with all applicable federal, state
and local laws, this commitment to equal employment opportunity extends
to all employment decisions, including, but not limited to, recruitment,
hiring, compensation, benefits, training, promotion, demotion or downgrading,
transfer, layoff and recall, termination, and all other terms and
conditions of employment. The City prohibits and will not tolerate
this kind of discrimination.
[Amended 11-13-2018 by Ord. No. 5-2018]
Harassment on the basis of protected characteristics.
A. Harassment on the basis of any protected characteristics is strictly
prohibited by the City.
(1) Pursuant to this policy, harassment is verbal or physical conduct
that denigrates or shows hostility or aversion toward an individual
because of his/her race, color, religion, creed, gender, national
origin, age, disability, marital status, citizenship status, military
or veteran status, sexual orientation, genetic information, or any
other characteristic protected by applicable law and that:
(a)
Has the purpose or effect of creating an intimidating, or hostile
work environment;
(b)
Has the purpose or effect of unreasonably interfering with an
individual's work performance; or
(c)
Otherwise adversely affects an individual's employment
opportunities.
(2) See Article
IV of this chapter for the City of Newburgh Policy Against Workplace Sexual Harassment.
B. Harassing conduct includes, but is not limited to: epithets, slurs
or negative stereotyping; threatening, intimidating or hostile acts;
denigrating jokes and display or circulation in the workplace of written
or graphic material that denigrates or shows hostility or aversion
toward an individual or group (including through e-mail). The City
prohibits and will not tolerate all of these types of harassment.
The City prohibits retaliation against any individual who in
good faith reports discrimination or harassment or participates in
an investigation of those reports. Retaliation against an individual
for in good faith reporting harassment or discrimination or for participating
in an investigation of a claim of harassment or discrimination is
a serious violation of this policy. Violators will be subject to disciplinary
action up to and including termination.
Nothing in this policy will be construed in any way in order
to limit an employee's rights before the United States Equal
Employment Opportunity Commission, the New York State Division of
Human Rights or the Orange County Human Rights Commission, or to take
any other legal action which the employee may deem advisable to pursue.
If any clause, sentence, paragraph, section or part of this
article shall be adjudged by any court of competent jurisdiction to
be invalid or otherwise unenforceable, such judgment shall not affect,
impair or invalidate the remainder thereof but shall be confined in
its operation to the clause, sentence, paragraph, section or part
thereof directly involved in the controversy in which such judgment
shall have been rendered.