[HISTORY: Adopted by the Board of Trustees
of the Village of Great Neck Estates 10-8-2018.[1] Amendments noted where applicable.]
[1]
Editor’s Note: Former Chapter 67, Sexual Harassment
Policy, adopted 10-12-1994 as Sec. 2 of L.L. No. 6-1994 (Ch. 27 of
the 1981 Code), as amended, was repealed 12-10-2018 by L.L. No. 4-2018.
A.
The Village of Great Neck Estates 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 Policy is one component
of the Village of Great Neck Estates' commitment to a discrimination-free
work environment.
B.
Sexual harassment is against the law.[1] 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 Great Neck Estates.
Employees also may file a complaint with a government agency or in
court under federal, state or local antidiscrimination laws.
[1]
While this policy specifically addresses sexual harassment,
harassment because of and discrimination against persons of all protected
classes is prohibited. In New York State, such classes include age,
race, creed, color, national origin, sexual orientation, military
status, sex, disability, marital status, domestic violence victim
status, gender identity and criminal history.
The Village of Great Neck Estates policy applies to all employees,
applicants for employment, interns, whether paid or unpaid, contractors
and persons conducting business, regardless of immigration status,
with the Village of Great Neck Estates. In the remainder of this document,
the term "employees" refers to this collective group and also includes
appointed officers of the Village.
A.
Sexual
harassment will not be tolerated. Any employee or individual covered
by this policy who engages in sexual harassment or retaliation will
be subject to remedial and/or disciplinary action (e.g., counseling,
suspension, termination).
B.
Retaliation
prohibition: No person covered by this Policy shall be subject to
adverse employment action because the employee reports incidents of
sexual harassment, provides information, or otherwise assists in any
investigation of a sexual harassment complaint. The Village of Great
Neck Estates will not tolerate such retaliation against anyone who,
in good faith, reports or provides information about suspected sexual
harassment. Any employee of the Village of Great Neck Estates who
retaliates against anyone involved in a sexual harassment investigation
will be subjected to disciplinary action, up to and including termination.
All employees, paid or unpaid interns, or nonemployees[1] working in the workplace who believe they have been subject
to such retaliation should inform a supervisor, manager, the Village
Administrator or the Mayor. Any employee, paid or unpaid intern or
nonemployee who believes they have been a target of such retaliation
may also seek relief in other available forums, as explained below
in the section on legal protections.
[1]
A nonemployee is someone who is (or is employed by) a contractor,
subcontractor, vendor, consultant, or anyone providing services in
the workplace. Protected nonemployees include persons commonly referred
to as "independent contractors," "gig workers" and "temporary workers."
Also included are persons providing equipment repair, cleaning services
or any other services provided pursuant to a contract with the employer.
C.
Sexual
harassment is offensive, a violation of Village policies, unlawful,
and may subject the Village of Great Neck Estates to liability for
harm to targets of sexual harassment. Harassers may also be individually
subject to liability. Employees of every level who engage in sexual
harassment, including managers and supervisors who engage in sexual
harassment or who allow such behavior to continue, will be penalized
for such misconduct.
D.
The Village of Great Neck Estates will conduct a prompt and thorough
investigation that ensures due process for all parties whenever management
receives a complaint about sexual harassment or otherwise knows of
possible sexual harassment occurring. The Village will keep the investigation
confidential to the extent possible. Effective corrective action will
be taken whenever sexual harassment is found to have occurred. All
employees, including managers and supervisors, are required to cooperate
with any internal investigation of sexual harassment.
E.
All employees are encouraged to report any harassment or behaviors
that violate this policy. The Village of Great Neck Estates will provide
all employees a complaint form for employees to report harassment
and file complaints.
F.
Managers and supervisors are required to report to the Village Administrator
or the Mayor any complaint that they receive, or any harassment that
they observe or become aware of.
G.
This policy applies to all employees, paid or unpaid interns, and
nonemployees, and all must follow and uphold this policy. This policy
must be provided to all employees and should be posted prominently
in all work locations to the extent practicable (for example, in a
main office and not an off-site work location) and be provided to
employees upon hiring.
A.
Sexual harassment is a form of sex discrimination and is unlawful
under federal, state and (where applicable) local law. Sexual harassment
includes harassment on the basis of sex, sexual orientation, self-identified
or perceived sex, gender expression, gender identity and the status
of being transgender.
B.
Sexual harassment includes unwelcome conduct which is either of a
sexual nature, or which is directed at an individual because of that
individual's sex when:
(1)
Such conduct has the purpose or effect of unreasonably interfering
with an individual's work performance or creating an intimidating,
hostile or offensive work environment, even if the reporting individual
is not the intended target of the sexual harassment;
(2)
Such conduct is made either explicitly or implicitly a term or condition
of employment; or
(3)
Submission to or rejection of such conduct is used as the basis for
employment decisions affecting an individual's employment.
C.
A sexually harassing hostile work environment includes, but is not
limited to, words, signs, jokes, pranks, intimidation or physical
violence which are of a sexual nature, or which are directed at an
individual because of that individual's sex. Sexual harassment
also includes any unwanted verbal or physical advances, sexually explicit
derogatory statements or sexually discriminatory remarks made by someone
which are offensive or objectionable to the recipient, which cause
the recipient discomfort or humiliation, or which interfere with the
recipient's job performance.
D.
Sexual harassment also occurs when a person in authority tries to
trade job benefits for sexual favors. This can include hiring, promotion,
continued employment or any other terms, conditions or privileges
of employment. This is also called "quid pro quo" harassment.
E.
Any employee who feels harassed should report so that any violation
of this policy can be corrected promptly. Any harassing conduct, even
a single incident, can be addressed under this policy.
F.
Examples of sexual harassment. The following describes some of the
types of acts that may be unlawful sexual harassment and that are
strictly prohibited:
(3)
Sexually oriented gestures, noises, remarks, jokes or comments about
a person's sexuality or sexual experience, which create a hostile
work environment.
(4)
Sex stereotyping occurs when conduct or personality traits are considered
appropriate simply because they may not conform to other people's
ideas or perceptions about how individuals of a particular sex should
act or look.
(5)
Sexual or discriminatory displays or publications anywhere in the
workplace, such as:
(a)
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.
(6)
Hostile actions taken against an individual because of that individual's
sex, sexual orientation, gender identity or the status of being transgender,
such as:
G.
Who can be a target of sexual harassment? 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.
H.
Where can sexual harassment occur? 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, e-mails, and social media usage by employees can constitute
unlawful workplace harassment, even if such conduct occurs away from
the workplace premises or outside work hours.
A.
Unlawful retaliation can be any action that would 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). Such retaliation is unlawful under federal,
state and (where applicable) local law.
B.
The New York State Human Rights Law[1] 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.
[1]
Editor's Note: See Executive Law § 290 et seq.
A.
Preventing
sexual harassment is everyone's responsibility. The Village of
Great Neck Estates cannot prevent or remedy sexual harassment unless
it knows about it. Any employee, paid or unpaid intern or nonemployee
who has been subjected to behavior that may constitute sexual harassment
is encouraged to report such behavior to a supervisor, manager, the
Village Administrator or the Mayor. Anyone who witnesses or becomes
aware of potential instances of sexual harassment should report such
behavior to a supervisor, manager, the Village Administrator or the
Mayor.
B.
Reports
of sexual harassment may be made verbally or in writing. A form for
submission of a written complaint is attached to this policy, and
all employees are encouraged to use this complaint form. Employees
who are reporting sexual harassment on behalf of other employees should
use the complaint form and note that it is on another employee's
behalf.
C.
Employees, paid or unpaid interns or nonemployees who believe they
have been a target of sexual harassment may also seek assistance in
other available forums, as explained below in the section on legal
protections.
A.
All supervisors and managers who receive a complaint or information
about suspected sexual harassment, observe what may be sexually harassing
behavior or for any reason suspect that sexual harassment is occurring
are required to report such suspected sexual harassment to the Village
Administrator or Mayor.
B.
In addition to being subject to discipline if they engaged in sexually
harassing conduct themselves, supervisors and managers will be subject
to discipline for failing to report suspected sexual harassment or
otherwise knowingly allowing sexual harassment to continue.
C.
Supervisors and managers will also be subject to discipline for engaging
in any retaliation.
A.
All
complaints or information about suspected sexual harassment will be
investigated, whether that information was reported in verbal or written
form. Investigations will be conducted in a timely manner and will
be confidential to the extent possible.
B.
An
investigation of any complaint, information or knowledge of suspected
sexual harassment will be prompt and thorough, commenced immediately
and completed as soon as possible. The investigation will be kept
confidential to the extent possible. All persons involved, including
complainants, witnesses and alleged harassers will be accorded due
process, as outlined below, to protect their rights to a fair and
impartial investigation.
C.
Any
employee may be required to cooperate as needed in an investigation
of suspected sexual harassment. The Village of Great Neck Estates
will not tolerate retaliation against employees who file complaints,
support another's complaint or participate in an investigation
regarding a violation of this policy.
D.
While
the process may vary from case to case, investigations should be done
in accordance with the following steps:
(1)
Upon receipt of a complaint, the Village Administrator or the Mayor
will conduct an immediate review of the allegations and take any interim
actions (e.g., instructing the respondent to refrain from communications
with the complainant), as appropriate. If the complaint is verbal,
the investigating authority will encourage the individual to complete
the complaint form in writing. If he or she refuses, the investigating
authority will prepare a complaint form based on the oral reporting.
(2)
If documents, e-mails or phone records are relevant to the allegations,
the person responsible for investigation shall take steps to obtain
and preserve them.
(3)
Request and review all relevant documents, including all electronic
communications.
(4)
Interview all parties involved, including any relevant witnesses.
(5)
Create a written documentation of the investigation (such as a letter,
memo or e-mail) which contains the following:
(a)
A list of all documents reviewed, along with a detailed summary
of relevant documents;
(b)
A list of names of those interviewed, along with a detailed
summary of their statements;
(c)
A time line of events;
(d)
A summary of prior relevant incidents, reported or unreported;
and
(e)
The basis for the decision and final resolution of the complaint,
together with any corrective action(s).
(6)
Keep the written documentation and associated documents in a secure
and confidential location.
(7)
Promptly notify the individual who reported and the individual(s)
about whom the complaint was made of the final determination and implement
any corrective actions identified in the written document.
(8)
Inform the individual who reported of the right to file a complaint
or charge externally as outlined below.
A.
Sexual harassment is not only prohibited by the Village of Great
Neck Estates, but is also prohibited by state and federal law and
may be prohibited by applicable local law. In addition to, or separate
from, the internal process at the Village of Great Neck Estates, employees
may also choose to pursue legal remedies with the following governmental
entities at any time. While a private attorney is not required in
order to file a complaint with a governmental agency, you may seek
the legal advice of a private attorney if you wish to do so.
(1)
New York State Division of Human Rights (DHR).
(a)
The Human Rights Law (HRL), codified as New York Executive Law,
Article 15, § 290 et seq., applies to 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 DHR or in New York State Supreme Court.
(b)
Complaints with DHR may be filed any time 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.
(c)
Complaining internally to the Village of Great Neck Estates
does not extend your time to file with DHR or in court. The one year
or three years is counted from date of the most recent incident of
harassment.
(d)
You do not need an attorney to file a complaint with DHR, and
there is no cost to file with DHR.
(e)
DHR will investigate your complaint and determine whether there
is probable cause to believe that discrimination has occurred. Probable
cause cases are forwarded to a public hearing before an administrative
law judge. If discrimination 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 monetary damages, attorney's fees and
civil fines.
(f)
DHR's main office contact information is: New York State
Division of Human Rights, One Fordham Plaza, Fourth Floor, Bronx,
New York 10458, (718) 741-8400 www.dhr.ny.gov. 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.
(2)
United States Equal Employment Opportunity Commission (EEOC) —
Civil Rights Act of 1964.
(a)
The 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.
(b)
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.
(c)
If an employee believes that he/she has been discriminated against
at work, he/she 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.
(d)
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.
B.
Local protections. Many localities enforce laws protecting individuals
from sexual harassment and discrimination. Contact the county, city
or town in which you live or work to find out if such a law exists.
C.
Contact the local police department. If the harassment involves physical
touching, coerced physical confinement or coerced sex acts, the conduct
may constitute a crime. Contact the local police department.
D.
Questions regarding the Village policy. Any Village officer, employee,
or paid or unpaid intern, or other person subject to this policy,
may submit questions regarding this Policy and its implementation
by submitting the questions, in writing, to the Village Administrator
or the Mayor. Written responses will be provided with respect to any
such question within a reasonable period of time after submission.