[Adopted 11-20-1995;
amended in its entirety 12-15-2008 by L.L. No. 9-2008 (Ch. 26 of the 1992 Code)]
The Village of Woodridge believes in the dignity of the individual
and recognizes the right of any person to equal opportunities. In
this regard, the Village has a longstanding practice of protecting
and safeguarding the rights and opportunities of any person who might
seek or obtain employment without being subjected to illegal discrimination
or harassment in the workplace. In 1995, the Village of Woodridge
Board added this article to the Village Code to establish a sexual
harassment policy and by this amendment intends to broaden the policy
to include employment discrimination and harassment.
In addition to prohibiting illegal discrimination on the basis
of race, color, sex, religion, age, disability, marital status, military
status, national origin, or other unlawful conduct, the Village of
Woodridge also prohibits the illegal harassment of its employees or
officers in any form. The Village will take all steps necessary to
prevent and stop the occurrence of any illegal discrimination or harassment
in the workplace.
A. This policy applies to all Village officers and employees and all
individuals who serve as contractors to the Village. Depending on
the extent of the exercise of control, this policy may be applied
to the conduct of those who are not officers or employees or contractors
of the Village with respect to illegal discrimination or illegal harassment
of Village officers or employees in the workplace.
B. The Village and this discrimination and harassment policy prohibit conduct that is illegal under state or federal law, including, but not limited to, the inappropriate forms of behavior described in §
78-3 of this policy under the section entitled "Definition of sexual harassment."
C. Department heads and supervisory personnel are responsible for ensuring
a work environment free from unsolicited, unwelcome, and intimidating
unlawful discrimination or harassment. These individuals must take
immediate and, if authorized, appropriate corrective action when allegations
of discrimination or harassment come to their attention to assure
compliance with this policy. Should a department head or supervisor
not be authorized to take corrective action, the matter shall be referred
to the individual or body, as the case may be, having the authority
to discipline.
D. A person who is found to have committed an act of unlawful discrimination
or harassment or other inappropriate behavior will be subject to disciplinary
action in accordance with the provisions of a negotiated labor agreement
or state law, as may be appropriate. Additionally, retaliation against
someone who has complained about prohibited discrimination or harassment
is strictly prohibited as is retaliation against an individual who
cooperates with an investigation of a discrimination or harassment
complaint. Any such retaliatory conduct is illegal and will result
in disciplinary action against the retaliator, if that person is an
officer or employee of the Village. Intimidation, coercion, threats,
reprisals, or discrimination against any person for complaining about
unlawful discrimination or harassment, as described in this policy,
is prohibited.
E. All Village officers and employees will be held responsible and accountable
for avoiding or eliminating the conduct prohibited by this policy.
Village employees are encouraged to report violations of this policy
to their supervisor or to a member of the Employment Discrimination/Harassment
Committee. This Committee shall consist of two members of the Village
Board, to be appointed annually by the Mayor.
[Adopted 8-3-2020 by L.L. No. 2-2020]
The Village of Woodridge is committed to maintaining a workplace
free from sexual harassment. Sexual harassment is a form of workplace
discrimination. All employees are required to work in a manner that
prevents sexual harassment in the workplace. This article is one component
of the Village of Woodridge's commitment to a discrimination-free
work environment. Sexual harassment is against the law and all employees
have a legal right to a workplace free from sexual harassment, and
employees are urged to report sexual harassment by filing a complaint
internally with the Village of Woodridge. Employees can also file
a complaint with a government agency or in court under federal, state,
or local antidiscrimination laws.
The following describes some of the types of acts that may be
unlawful sexual harassment and that are strictly prohibited:
A. Physical acts of a sexual nature, such as:
(1) Touching, pinching, patting, kissing, hugging, grabbing, brushing
against another employee's body or poking another employee's
body;
(2) Rape, sexual battery, molestation or attempts to commit these assaults.
B. Unwanted sexual advances or propositions, such as:
(1) Requests for sexual favors accompanied by implied or overt threats
concerning the target's job performance evaluation, a promotion
or other job benefits or detriments;
(2) Subtle or obvious pressure for unwelcome sexual activities.
C. Sexually oriented gestures, noises, remarks or jokes, or comments
about a person's sexuality or sexual experience, which create
a hostile work environment.
D. Sex stereotyping occurs when conduct or personality traits are considered
inappropriate simply because they may not conform to other people's
ideas or perceptions about how individuals of a particular sex should
act or look.
E. Sexual or discriminatory displays or publications anywhere in the
workplace, such as:
(1) Displaying pictures, posters, calendars, graffiti, objects, promotional
material, reading materials or other materials that are sexually demeaning
or pornographic. This includes such sexual displays on workplace computers
or cell phones and sharing such displays while in the workplace.
F. Hostile actions taken against an individual because of that individual's
sex, sexual orientation, gender identity and the status of being transgender,
such as:
(1) Interfering with, destroying or damaging a person's workstation,
tools or equipment, or otherwise interfering with the individual's
ability to perform the job;
(2) Sabotaging an individual's work;
(3) Bullying, yelling, name-calling.
Sexual harassment can occur between any individuals, regardless
of their sex or gender. New York law protects employees, paid or unpaid
interns, and nonemployees, including independent contractors, and
those employed by companies contracting to provide services in the
workplace. Harassers can be a superior, a subordinate, a coworker
or anyone in the workplace, including an independent contractor, contract
worker, vendor, client, customer or visitor.
Unlawful sexual harassment is not limited to the physical workplace
itself. It can occur while employees are traveling for business or
at employer-sponsored events or parties. Calls, texts, emails, and
social media usage by employees can constitute unlawful workplace
harassment, even if they occur away from the workplace premises, on
personal devices or during nonwork hours.
Unlawful retaliation can be any action that could discourage
a worker from coming forward to make or support a sexual harassment
claim. Adverse action need not be job-related or occur in the workplace
to constitute unlawful retaliation (e.g., threats of physical violence
outside of work hours).
A. Such retaliation is unlawful under federal, state, and (where applicable)
local law. The New York State Human Rights Law protects any individual who has engaged in "protected
activity." Protected activity occurs when a person has:
(1) Made a complaint of sexual harassment, either internally or with
any antidiscrimination agency;
(2) Testified or assisted in a proceeding involving sexual harassment
under the Human Rights Law or other antidiscrimination law;
(3) Opposed sexual harassment by making a verbal or informal complaint
to management, or by simply informing a supervisor or manager of harassment;
(4) Reported that another employee has been sexually harassed; or
(5) Encouraged a fellow employee to report harassment.
B. Even if the alleged harassment does not turn out to rise to the level
of a violation of law, the individual is protected from retaliation
if the person had a good faith belief that the practices were unlawful.
However, the retaliation provision is not intended to protect persons
making intentionally false charges of harassment.
Sexual harassment is not only prohibited by the Village of Woodridge
but is also prohibited by state, federal, and, where applicable, local
law. Aside from the internal process at the Village of Woodridge,
employees may also choose to pursue legal remedies with the following
governmental entities. While a private attorney is not required to
file a complaint with a governmental agency, you may seek the legal
advice of an attorney. In addition to those outlined below, employees
in certain industries may have additional legal protections.
A. State human rights law (HRL).
(1) The Human Rights Law (HRL), codified as NY Executive Law Article
15, § 290 et seq., applies to all employers in New York
State with regard to sexual harassment and protects employees, paid
or unpaid interns and nonemployees, regardless of immigration status.
A complaint alleging violation of the Human Rights Law may be filed
either with the Division of Human Rights (DHR) or in New York State
Supreme Court.
(2) Complaints with DHR may be filed anytime within one year of the harassment.
If an individual did not file at DHR, they can sue directly in state
court under the HRL within three years of the alleged sexual harassment.
An individual may not file with DHR if they have already filed a HRL
complaint in state court.
(3) Complaining internally to the Village of Woodridge does not extend
your time to file with DHR or in court. The one year or three years
is counted from the date of the most recent incident of harassment.
(4) You do not need an attorney to file a complaint with DHR, and there
is no cost to file with DHR.
(5) DHR will investigate your complaint and determine whether there is
probable cause to believe that sexual harassment has occurred. Probable
cause cases are forwarded to a public hearing before an administrative
law judge. If sexual harassment is found after a hearing, DHR has
the power to award relief, which varies but may include requiring
your employer to take action to stop the harassment, or redress the
damage caused, including paying of monetary damages, attorney's
fees and civil fines.
(6) DHR's main office contact information is: NYS Division of Human
Rights, One Fordham Plaza, Fourth Floor, Bronx, New York 10458. You
may call (718) 741-8400 or visit www.dhr.ny.gov.
(7) Contact DHR at (888) 392-3644 or visit dhr.ny.gov/complaint for more
information about filing a complaint. The website has a complaint
form that can be downloaded, filled out, notarized and mailed to DHR.
The website also contains contact information for DHR's regional
offices across New York State.
B. Civil Rights Act of 1964.
(1) The United States Equal Employment Opportunity Commission (EEOC)
enforces federal antidiscrimination laws, including Title VII of the
1964 federal Civil Rights Act (codified as 42 U.S.C. § 2000e
et seq.). An individual can file a complaint with the EEOC anytime
within 300 days from the harassment. There is no cost to file a complaint
with the EEOC. The EEOC will investigate the complaint and determine
whether there is reasonable cause to believe that discrimination has
occurred, at which point the EEOC will issue a right to sue letter
permitting the individual to file a complaint in federal court.
(2) The EEOC does not hold hearings or award relief but may take other
action, including pursuing cases in federal court on behalf of complaining
parties. Federal courts may award remedies if discrimination is found
to have occurred. In general, private employers must have at least
15 employees to come within the jurisdiction of the EEOC.
(3) An employee alleging discrimination at work can file a charge of
discrimination. The EEOC has district, area, and field offices where
complaints can be filed. Contact the EEOC by calling 1-800-669-4000
(TTY: 1-800-669-6820), visiting their website at www.eeoc.gov or via
email at info@eeoc.gov.
(4) If an individual filed an administrative complaint with DHR, DHR
will file the complaint with the EEOC to preserve the right to proceed
in federal court.
C. Local protections.
(1) Many localities enforce laws protecting individuals from sexual harassment
and discrimination. An individual should contact the county, city
or town in which they live to find out if such a law exists. For example,
employees who work in New York City may file complaints of sexual
harassment with the New York City Commission on Human Rights. Contact
their main office at Law Enforcement Bureau of the NYC Commission
on Human Rights, 40 Rector Street, 10th Floor, New York, New York;
call 311 or (212) 306-7450; or visit www.nyc.gov/html/cchr/html/home/home.shtml.
(2) If the harassment involves unwanted physical touching, coerced physical
confinement or coerced sex acts, the conduct may constitute a crime.
Contact the local police department.
This article shall take effect immediately upon filing with
the Secretary of State.