5.1.1. 
Policy statement. It is the policy of the Town of Beekman to comply with the provisions and spirit of the Americans with Disabilities Act and ensure equal employment opportunity for all qualified persons with disabilities. All employment practices, such as recruitment, hiring, promotion, demotion, layoff and recall, compensation, job assignments, job classifications, paid or unpaid leave, fringe benefits, training, employer-sponsored activities, including recreational or social programs, will be conducted so as not to discriminate unlawfully against persons with disabilities.
5.1.2. 
Reasonable accommodation. Reasonable accommodation is available to all qualified employees and applicants with disabilities, unless it imposes an undue hardship on the Town and/or operations of a program. An employee who believes an accommodation is needed to perform the essential functions of the employee's job should contact the Town Supervisor.
5.1.3. 
Pre-employment inquiries. Pre-employment inquiries are made only regarding an applicant's ability to perform the duties of the position and not any disabling condition. Pre-employment physical exams will only be requested when in compliance with the law.
5.1.4. 
Complaint procedure. An employee who believes that the actions or words of an employee or non-employee have violated this policy should immediately report the behavior to the Town Supervisor. Refer to Section 5.5, Complaint procedure and investigations, for information regarding how to file a complaint and the Town's investigation procedures.
5.1.5. 
Application of policy. This policy is for Town use only and does not apply in any criminal or civil proceeding. This policy shall not be construed as a creation of higher legal standard of safety or care in an evidential sense with respect to third party claims. Violations of this policy will only form the basis for Town administrative action. Violations of law will form the basis for civil and criminal sanctions in a recognized judicial setting.
5.2.1. 
Policy statement. The Town of Beekman is an Equal Opportunity Employer. The Town does not unlawfully discriminate on the basis of a person's race, religion, color, sex, age, national origin, marital status, pregnancy, veteran status, arrest/conviction record, disability, genetic predisposition or carrier status, sexual orientation, or any other protected class or status. This policy applies to all terms and conditions of employment including, but not limited to, recruiting, hiring, placement, promotion, termination, layoff, transfer, leave of absence, compensation, benefits, training, and social and recreational programs.
5.2.2. 
Complaint procedure. An employee who believes that the actions or words of an employee or non-employee have violated this policy should immediately report the behavior to the Town Supervisor. Refer to Section 5.5, Complaint procedure and investigations, for information regarding how to file a complaint and the Town's investigation procedures.
5.2.3. 
Application of policy. This policy is for Town use only and does not apply in any criminal or civil proceeding. This policy shall not be construed as a creation of higher legal standard of safety or care in an evidential sense with respect to third party claims. Violations of this policy will only form the basis for Town administrative action. Violations of law will form the basis for civil and criminal sanctions in a recognized judicial setting.
5.3.1. 
Policy statement. Town of Beekman recognizes the rich diversity of its employees and the varying cultures, backgrounds, and experiences they each bring to the workplace. The Town is committed to maintaining and promoting a work environment where similarities and differences are respected and valued. The Town will not tolerate harassment or discrimination of any kind in the workplace.
5.3.2. 
Employee responsibilities. An employee is expected to treat coworkers, customers, vendors, suppliers, and other non-employees that the employee comes in contact with on the job with fairness, dignity, and respect. The Town prohibits any form of discrimination, harassment, or other offensive behavior targeted towards an individual based on legally protected factors, including but not limited to: race, religion, color, sex, age, national origin, marital status, pregnancy, veteran status, arrest/criminal record, disability, genetic predisposition or carrier status, or sexual orientation.
5.3.3. 
Complaint procedure. An employee who believes that the actions or words of an employee or non-employee have violated this policy should immediately report the behavior to the Town Supervisor. Refer to Section 5.5, Complaint procedure and investigations, for information regarding how to file a complaint and the Town's investigation procedures.
5.4.1. 
Policy statement. The Town of Beekman is committed to maintaining a professional work environment where employees and non-employees are free from any form of harassment, including sexual harassment. The Town takes all necessary measures to prevent sexual harassment in the workplace or, in the event it occurs, to stop the conduct immediately. The complaint procedure in Section 5.5 is intended to provide an effective mechanism for reporting and resolving promptly, complaints of sexual harassment without any risk of repercussion to a complaining employee for filing a complaint of sexual harassment in good faith.
5.4.2. 
Applicability of policy. This policy applies to all Town employees and Elected Officials regardless of supervisory level. Depending on the extent of the Town's exercise of control, this policy may be applied to the conduct of non-Town employees with respect to sexual harassment of Town employees in the workplace.
5.4.3. 
Supervisory responsibility. Department Heads are responsible for providing a work environment that is free from unsolicited, unwelcome, and intimidating behavior, including behavior of a sexual nature. A Department Head must therefore take immediate and appropriate corrective action in the event the Department Head is a witness to, or becomes aware of, any violations of this policy. The Department Head is also responsible for immediately notifying the Town Supervisor of any policy violations.
5.4.4. 
Definition of sexual harassment. The Equal Employment Opportunity Commission (EEOC) defines sexual harassment as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature to an individual of the same or opposite gender when:
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Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; or
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Submission to, or rejection of, such conduct by an individual is used as the basis for employment decisions (e.g., promotion, termination, pay increase) affecting that individual; or
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Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.
Further, sexual harassment refers to behavior that is not welcome, that is personally and objectively offensive, that fails to respect the rights of others, that lowers morale and that, therefore, interferes with an employee's work performance and/or effectiveness or creates an intimidating, hostile or offensive working environment. Exposure to such conduct that serves to alter the terms and conditions of employment is prohibited by this policy and state and federal law.
5.4.5. 
Forms of sexual harassment. Unprofessional, inappropriate, or offensive conduct committed by a supervisor, coworker, vendor, supplier, visitor, or any other non-employee is prohibited, even if the conduct is welcome by the recipient(s). Prohibited conduct includes, but is not limited to:
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A supervisor threatening or implying that a subordinate's acceptance or refusal of the supervisor's sexual advances will affect the subordinate's terms or conditions of employment (e.g., promotion, demotion, pay increase, termination).
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Verbal harassment of a sexual nature related to an employee's gender, including sexual innuendoes, slurs, sexual slurs, suggestive, derogatory, insulting or lewd comments or sounds, whistling, jokes of a sexual nature, sexual propositions and/or threats.
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Sexually oriented comments about an employee's body that are unwelcome and/or unreasonably interfere with an employee's work performance or create an intimidating, hostile, or offensive working environment.
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Any sexual advance that is unwelcome or any demand for sexual favors.
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Sexually suggestive written, recorded or electronically transmitted material, showing or displaying pornographic or sexually explicit objects or pictures, graphic commentaries, leering or obscene gestures in the workplace such that it unreasonably interferes with an employee's work performance or creates an intimidating, hostile, or offensive working environment.
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Physical contact of any kind, which is not welcome, including touching, grabbing, hugging, fondling, jostling, petting, pinching, coerced sexual intercourse or sexual relations, assault or intentional brushing up against a person's body.
5.4.6. 
Complaint procedure. An employee who believes that the actions or words of an employee or non-employee have violated this policy should immediately report the behavior to the Town Supervisor. Refer to Section 5.5, Complaint Procedure and Investigations, for information regarding how to file a complaint and the Town's investigation procedures.
5.4.7. 
Employee rights. Nothing in this policy should be construed as in any way limiting employees' rights to use the Dispute Resolution Procedure as described in this Employment Practices Compliance Manual.
5.4.8. 
Disciplinary action. Any employee or official who is found to have committed an act of sexual harassment will be subject to disciplinary action, including termination of employment.
5.5.1. 
Policy statement. Town of Beekman takes all complaints of discrimination, harassment, and sexual harassment seriously. A comprehensive complaint procedure has been developed to address any complaints received from employees and non-employees. This procedure is not intended to restrict an individual's rights to make a complaint to a federal or state agency.
5.5.2. 
Reporting policy violations. An employee who believes that the actions or words of a supervisor, coworker, vendor, supplier, visitor, customer, or any other non-employee has violated the Town's ADA, Equal Employment Opportunity, or Diversity and Fair Treatment, or Sexual Harassment policy should immediately report any perceived violation of this policy to the Town Supervisor. In the event the employee is unable to discuss this matter with the Town Supervisor, the complaint should be reported in writing to a member of the Town Board.
5.5.3. 
Investigation of complaint. Generally, investigation of a complaint will be conducted by someone appointed by the Town Supervisor. In the event the Town Supervisor is named in the complaint or is involved in the incident, the Town Board will appoint an individual to conduct the investigation. All complaints will be investigated discreetly and promptly. An investigation generally involves talking with the parties involved as well as any witnesses. All employees are required to cooperate in an investigation.
5.5.4. 
Confidentiality. Complaints will be handled and investigated in a manner that is as impartial and confidential 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. An employee's confidentiality will be protected to the greatest extent possible, consistent with conducting a full investigation. However, the Town cannot guarantee complete confidentiality.
5.5.5. 
Retaliation. Town of Beekman will not retaliate, intimidate, coerce, threaten, discriminate, or otherwise take any adverse employment action against an employee who files a complaint or who participates in an investigation. Likewise, the Town prohibits an employee from retaliating against a coworker or non-employee for filing a complaint and/or participating in an investigation.
5.5.6. 
Policy violations. Any employee who violates the Town's ADA, Equal Employment Opportunity, or Diversity and Fair Treatment, or Sexual Harassment policy or who retaliates against a coworker or non-employee will be subject to disciplinary action, including termination of employment.
5.6.1. 
Statement of compliance. The Federal Drug-Free Workplace Act of 1988 is applicable to all recipients of federal grants. In order to receive federal funds, the Town must certify to the granting federal agency that it will provide a drug-free workplace in accordance with the legislation. As a recipient of federal grants, the Town hereby complies with the requirements of the Drug-Free Workplace Act by adopting the following policy and drug-free awareness program:
5.6.2. 
Policy statement. It is the policy of the Town of Beekman that the unlawful manufacture, distribution, dispensation, possession, or use of an illegal controlled substance as defined in the Federal Act, is prohibited on the job or at the workplace.
5.6.3. 
Sanctions. The unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is strictly prohibited in all workplaces and work-sites. An employee who is found to have violated this prohibition may be referred for counseling or rehabilitation and satisfactory treatment and/or may be subject to criminal, civil and disciplinary penalties, including termination of employment.
5.6.4. 
Notification of federal agency. Each employee must abide by this policy and notify the Town Supervisor of any criminal drug statute conviction for a violation occurring in the workplace within five calendar days of the conviction. Thereafter, the Town will notify the granting federal agency within 10 calendar days after receiving notice from an employee of such a conviction or otherwise receiving actual notice of such conviction. In addition, within 30 calendar days of receiving notice of a conviction, the Town will take disciplinary action against the employee and/or require such employee to satisfactorily participate in a substance abuse or rehabilitation program pursuant to Sections 702 and 703 of the Drug-Free Workplace Act.