All County employees are hereby advised that sexual harassment
will not be tolerated within the County workforce. A sexual harassment
policy shall be established for Albany County to be incorporated into
and enforced through the Albany County Affirmative Action Discrimination/Harassment
Complaint Procedure by the County's Affirmative Action Officer. The Affirmative Action Officer shall establish an employee
training program, within authorized budget revenues, which will create
a staff of County employees who are capable of conducting awareness
training on an ongoing basis as the need arises.
The County of Albany 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 County of Albany'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 County of Albany. (Note: 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, genetic disposition
or carrier status and criminal history.) Employees can also file a
complaint with a government agency or in court under federal, state
or local antidiscrimination laws.
The following describe 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: 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 non-work hours.
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 for Albany County may file complaints
of sexual harassment with the Division of Affirmative Action by contacting
its office at 112 State Street, Suite 900, Albany, New York 12207;
call (518) 447-5510. Employees working for other employers within
the boundaries of Albany County may file complaints of sexual harassment
with the Albany County Human Rights Commission, 112 State Street,
Room 710, Albany, New York.
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.