[Added 4-13-2015 by Ord.
No. 4-2015[1]]
[1]
Editor's Note: This ordinance also repealed former Art.
III, Sexual Harassment Policy, added 9-27-1993 by Ord. No. 18-1993,
as amended.
A.
The City of Newburgh continues to have a zero tolerance for unlawful
discrimination, harassment or retaliation in the workplace.
B.
All employees are required to comply with the City's policy.
Any employee who violates this policy will be subject to the full
weight of disciplinary sanctions, up to and including discharge. Any
department head or supervisor violates this policy if, having been
made aware of conduct by an employee that violates this policy, that
department head or supervisor knowingly allows the conduct to continue.
A.
This policy applies to all applicants and employees, and prohibits
unlawful harassment, discrimination and retaliation, whether engaged
in by or with fellow employees, a supervisor or someone not directly
connected to the City (e.g., an outside vendor, contractor, consultant
or resident). Conduct prohibited by the policy is unacceptable in
the workplace and in any work-related setting outside the workplace,
including during business trips, business meeting and business-related
social events. It is the responsibility of supervisory personnel to
be aware of and sensitive to conditions, situations or circumstances
which, left unresolved, could potentially rise to the level of unlawful
harassment, discrimination or retaliation in the workplace, and to
take appropriate remedial action to address the conditions, situations
or circumstances as soon as possible.
B.
The City Manager will carry out those duties necessary to ensure
compliance with this policy. The City Manager will designate, in writing,
one or more Harassment Complaint Officers, to receive and investigate
complaints of violations of this policy. Copies of this policy and
the written designation of Harassment Complaint Officer (including
his or her contact information) will be posted in conspicuous places
and be available to employees and applicants for employment.
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[1]]
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:
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.
[1]
Editor's Note: This ordinance provided an effective date of
11-14-2018.
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.
A.
Reporting an incident of prohibited harassment, discrimination or
retaliation.
(1)
The City strongly urges the reporting of all alleged incidents of
harassment, discrimination or retaliation, regardless of the alleged
offender's identity or position. Individuals who believe they
have experienced conduct that they believe to be contrary to the City's
policy or who have concerns about these matters should file their
complaints before the conduct becomes severe or pervasive. The complaint
may be filed with the employee's immediate supervisor or any
individual designated in writing by the City Manager as a Harassment
Complaint Officer. If the complaint involves one of the Harassment
Complaint Officers, it may be filed with the City Manager. If the
complaint involves the City Manager, it may be filed with the Mayor.
Individuals should not feel obligated to bring their complaints to
their immediate supervisor before bringing the matter to the attention
of the Harassment Complaint Officer, the City Manager or the Mayor.
Employees can submit claims in writing, by e-mail or by meeting in
person. All oral complaints or reports must be documented in writing
by the City. A department head or supervisor who observes harassment,
discrimination or retaliation, or receives a complaint of same, must
immediately make a report to the Harassment Complaint Officer, the
City Manager or Mayor, respectively.
[Amended 11-13-2018 by Ord. No. 5-2018[1]]
[1]
Editor's Note: This ordinance provided an effective date of
11-14-2018.
(2)
Early reporting and intervention have proven to be the most effective
method of resolving actual or perceived incidents of prohibited harassment.
Therefore, while no fixed reporting period has been established by
this policy, the City strongly urges the prompt reporting of complaints
or concerns so that rapid and constructive action can be taken. The
City will make every effort to stop alleged harassment before it becomes
severe or pervasive, but can only do so with the cooperation of its
employees. The availability of this complaint procedure does not preclude
individuals who believe they are being subjected to harassing conduct
from promptly advising the offender that his or her behavior is unwelcomed
and requesting that it be discontinued.
A.
Any reported allegations of harassment, discrimination or retaliation
will be investigated promptly, thoroughly, and impartially pursuant
to the direction of the City Manager or, if the complaint involves
the City Manager, pursuant to the direction of the Mayor. The investigation
may include individual interviews with the parties involved and, where
necessary, with individuals who may have observed the alleged conduct
or may have other relevant knowledge. No individual who is the subject
of a harassment, discrimination or retaliation complaint will play
a role in the decision-making process with respect to the resolution
of the complaint.
B.
The City Manager (or Mayor) will make best efforts to ensure the
investigation of all complaints of harassment, discrimination or retaliation,
preparation of written findings of the results of each investigation
and the remedial actions proposed. This report will be considered
an internal memorandum and one protected by personal privacy rights
so as to not be subject to disclosure pursuant to the Freedom of Information
Law. The City Manager (or Mayor) will communicate with the complaining
party about the results of the investigation and remedial actions
taken, if any, all within a reasonable period of time consistent with
the circumstances of the complaint.
C.
Confidentiality will be maintained throughout the investigatory process
to the extent consistent with adequate investigation and appropriate
corrective action. If, after investigating any complaint of harassment
or discrimination, it is determined that an employee has intentionally
made a false claim of harassment or has intentionally provided false
information regarding a harassment or discrimination complaint, disciplinary
or legal action may be taken against that individual.
D.
No record of a complaint will be kept in the complaining employee's
personnel file, unless the investigation concludes that the employee
intentionally made a false claim of harassment or intentionally provided
false information regarding a harassment or discrimination complaint.
A.
Misconduct constituting prohibited harassment, discrimination or
retaliation will be dealt with promptly and appropriately. Responsive
action may include, for example, training, referral to counseling,
monitoring of the offender and/or disciplinary action, including,
but not limited to, a warning, reprimand, withholding of a promotion
or pay increase, reduction of wages, demotion, reassignment, temporary
suspension without pay or termination, as the City believes to be
appropriate given the circumstances, and in accordance with applicable
law.
B.
Individuals who have questions or concerns about these policies should
contact the City Manager.
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.
