[HISTORY: Adopted by the Board of Trustees of the Village
of North Hills 9-26-2018.[1] Amendments noted where applicable.]
[1]
Editor's Note: This resolution also provided that "Adoption
of this policy does not constitute a conclusive defense to charges
of unlawful sexual harassment. Each claim of sexual harassment will
be determined in accordance with existing legal standards, with due
consideration of the particular facts and circumstances of the claim,
including but not limited to the existence of an effective antiharassment
policy and procedure." Former Ch. 75, Sexual Harassment, adopted 12-28-1994
by L.L. No. 5-1994 (Ch. 41, Part 2, Art. III of the 1982 Code), was
repealed 11-28-2018 by L.L. No. 4-2018.
A.
The Village of North Hills is committed to maintaining a workplace
free from sexual harassment. Sexual harassment is a form of workplace
discrimination. The Village of North Hills has a zero-tolerance policy
for any form of sexual harassment, and 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 North Hills' commitment
to a discrimination-free work environment.
B.
Sexual harassment is against the law. All employees have a legal
right to a workplace free from sexual harassment, and employees can
enforce this right by filing a complaint internally with the Village
of North Hills, or with a government agency or in court under federal,
state or local antidiscrimination laws.
A.
The Village of North Hills policy applies to all employees, applicants
for employment, interns, whether paid or unpaid, contractors and persons
conducting business with the Village of North Hills.
B.
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, up to and
including termination.
C.
Retaliation prohibition. No person covered by this policy shall be
subject to adverse employment action, including being discharged,
disciplined, discriminated against, or otherwise subject to adverse
employment action because the employee reports an incident of sexual
harassment, provides information, or otherwise assists in any investigation
of a sexual harassment complaint. The Village of North Hills has a
zero-tolerance policy with respect to retaliation against anyone who,
in good faith, complains or provides information about suspected sexual
harassment. Any employee of the Village of North Hills who retaliates
against anyone involved in a sexual harassment investigation will
be subjected to disciplinary action, which may include suspension
or termination. Any employee, paid or unpaid, intern, or nonemployee[1] working in the workplace who believes they have been subject
to such retaliation should inform the Village Administrator or the
Mayor and file a complaint. Any employee, paid or unpaid, intern or
nonemployee who believes they have been a victim of such retaliation
may also seek relief in other available forums, as explained below
in the section on legal protections.
[1]
Note: 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.
D.
Sexual harassment is offensive, a violation of Village policies,
and unlawful, and may subject the Village of North Hills to liability
for harm to victims of sexual harassment. Therefore the Village will
not tolerate or accept harassment. Harassers may also be subject to
individual liability. Officials or employees at any level who engage
in sexual harassment of another person, including managers and supervisors
who engage in sexual harassment or who knowingly allow such behavior
to continue, will be penalized for such misconduct.
E.
The Village of North Hills will conduct a prompt, thorough and confidential
investigation that ensures due process for all parties, whenever management
receives a complaint about sexual harassment, or otherwise knows of
possible sexual harassment occurring. 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.
F.
All employees are encouraged to report any harassment or behaviors
that violate this policy. The Village of North Hills will provide
all employees a complaint form for employees to report harassment
and file complaints.
G.
All supervisory personnel are required to report to the Village Administrator
or Mayor any complaint that they receive, or any harassment that they
observe.
H.
This policy applies to all employees, paid or unpaid, interns, and
non-employees and all must follow and uphold this policy. This policy
shall be posted prominently in all work locations and be provided
to employees upon hiring.
A.
Sexual harassment is a form of sex discrimination and is unlawful
under federal and State law, and may also violate applicable local
law. Sexual harassment includes harassment on the basis of sex, sexual
orientation, 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 complaining 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 consists of 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 consists of
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, 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 complain so that any violation
of this policy can be corrected promptly. Any harassing conduct, even
a single incident, can be addressed under this policy.
A.
The following is a nonexclusive list of acts, or 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)
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.
(5)
Hostile actions taken against an individual because of that individual's
sex, sexual orientation, gender identity and the status of being transgender,
such as:
Sexual harassment can occur between any individuals, regardless
of their sex or gender, and regardless of the nature of their employment.
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. A perpetrator of
sexual harassment can be a superior or 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 such conduct occurs away from the workplace premises
or outside work hours.
A.
Unlawful retaliation can be any action that would keep 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.
B.
Such retaliation is unlawful under federal and state law (and perhaps
applicable local law).
C.
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)
Filed 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)
Complained 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.
Preventing sexual harassment is everyone's responsibility.
The Village of North Hills 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.
A.
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.
B.
Employees, paid or unpaid interns or nonemployees who believe they
have been a victim 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, and should be completed
within 30 days.
C.
The investigation will be confidential to the extent possible. All
persons involved, including complainants, witnesses and alleged perpetrators
will be accorded due process to protect their rights to a fair and
impartial investigation.
D.
Any employee may be required to cooperate as needed in an investigation
of suspected sexual harassment. Employees who participate in any investigation
will not be retaliated against.
E.
Investigations will be done in accordance with the following steps:
(1)
Upon receipt of complaint, the person receiving the complaint as
designated in this policy will conduct an immediate review of the
allegations, and take any interim actions, as appropriate, including
transferring the complaint to the Village Administrator or Mayor.
If the complaint is oral, the person receiving the complaint will
encourage the individual to complete the complaint form in writing.
If he or she refuses, the person receiving the complaint will prepare
a complaint form based on the oral reporting.
(2)
If documents, emails 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 email), 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 timeline of events;
(d)
A summary of prior relevant incidents, reported or unreported;
and
(e)
The final resolution of the complaint, together with any corrective
actions action(s).
(f)
Keep the written documentation and associated documents in the
employer's records.
(g)
Promptly notify the individual who complained and the individual(s)
who responded of the final determination and implement any corrective
actions identified in the written document.
(h)
Inform the individual who complained of their right to file
a complaint or charge externally as outlined below.
A.
Sexual harassment is not only prohibited by the Village of North
Hills but is also prohibited by state and federal law, and may be
prohibited by applicable local law.
B.
In addition to, or separate from, the internal process at the Village
of North Hills, employees may also choose to pursue legal remedies
with the following governmental entities at any time.
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 the Division of Human Rights or in New York State Supreme
Court.
B.
Complaints with the Division of Human Rights may be filed any time
within one year of the harassment. If an individual did not file at
the Division of Human Rights, they can sue directly in state court
under the Human Rights Law, within three years of the alleged discrimination.
An individual may not file with the Division of Human Rights if they
have already filed a Human Rights Law complaint in state court.
C.
Complaining internally to the Village of North Hills does not extend
your time to file with the Division of Human Rights 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 the Division
of Human Rights, and there is no cost to file with the Division of
Human Rights.
E.
The Division of Human Rights 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, the Division of Human Rights 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.
The Division of Human Rights' main office contact information
is: NYS Division of Human Rights, One Fordham Plaza, Fourth Floor,
Bronx, New York 10458, (718) 741-8400 www.dhr.ny.gov. Contact the
Division of Human Rights 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 the
Division of Human Rights. The website also contains contact information
for the Division of Human Rights' regional offices across New
York State.
A.
The Equal Employment Opportunity Commission 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 Equal Employment Opportunity Commission anytime
within 300 days from the harassment. There is no cost to file a complaint
with the Equal Employment Opportunity Commission. The Equal Employment
Opportunity Commission will investigate the complaint, and determine
whether there is reasonable cause to believe that discrimination has
occurred, at which point the Equal Employment Opportunity Commission
will issue a right to sue letter permitting the individual to file
a complaint in federal court.
B.
The Equal Employment Opportunity Commission 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 Equal Employment
Opportunity Commission has district, area, and field offices where
complaints can be filed. Contact the Equal Employment Opportunity
Commission by calling 1-800-669-4000 (1-800-669-6820 (TTY)), visiting
their website at www.eeoc.gov or via email at info@eeoc.gov.
D.
If an individual filed an administrative complaint with the Division
of Human Rights, the Division of Human Rights will file the complaint
with the Equal Employment Opportunity Commission to preserve the right
to proceed in federal court.
If the harassment involves physical touching, coerced physical
confinement or coerced sex acts, the conduct may constitute a crime.
Contact the local police department.
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.
