[Adopted by the Village Board of the Village of Bloomfield 8-21-1996; amended 10-24-2018 (Ch. 19 of the 2016 Code)]
As used in this article, the following terms shall have the meanings indicated.
SEXUAL HARASSMENT
Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when:
A. 
Submission to such conduct is made either explicitly or implicitly a term or condition of employment; or
B. 
Submission to or rejection of such conduct by an employee is used as the basis for employment decisions affecting the employee; or
C. 
Such conduct has the purpose or effect of unreasonably interfering with an employee's work performance or creating an intimidating, hostile, or offensive working environment.
The purpose of this article is to maintain a healthy work environment and to provide procedures for reporting, investigation and resolution of complaints of harassment, sexual or otherwise.
A. 
It is the policy of the Village of Bloomfield that all employees have the right to work in an environment free of all forms of harassment. The Village does not condone, and will not tolerate, any harassment. Therefore, the Village shall take direct and immediate action to prevent such behavior and to remedy all reported instances of harassment, sexual or otherwise.
B. 
Sexual harassment is considered a form of employee misconduct and sanctions will be enforced against individuals engaging in sexual harassment and against supervisory or management personnel who knowingly allow such behavior to continue.
A. 
No employee shall either explicitly or implicitly ridicule, mock, deride or belittle any person.
B. 
Employees shall not make offensive or derogatory comments based on race, color, sex, religion or national origin either directly or indirectly to another person. Such harassment is a prohibited form of discrimination under state and federal employment law and is also considered misconduct subject to disciplinary action by the Village.
C. 
Examples of sexual harassment.
(1) 
Physical acts including touching, pinching, patting, kissing, hugging, grabbing, brushing against another employee's body or poking another employee.
(2) 
Unwanted sexual advances or propositions, for example:
(a) 
Requests for sexual favors, accompanied by implied or overt threats concerning the target's job evaluation, promotion, or benefits.
(b) 
Subtle or obvious pressure for unwelcome sexual activities.
(3) 
Sexual oriented remarks, gestures, noises or jokes about a person's sexuality or sexual experience, creating a hostile work environment.
(4) 
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.
(5) 
Sexual or discriminatory displays or publications:
(a) 
Displaying pictures, posters, calendars, graffiti, objects, promotional material, reading or other materials that are sexually demeaning or pornographic. This includes displays on cell phones or computers.
(6) 
Hostile acts against an individual because of sex, sexual orientation, gender ID or transgender. This includes damage to workstation equipment or sabotaging work.
A. 
Each supervisor shall be responsible for preventing acts of harassment. This responsibility includes:
(1) 
Monitoring the unit work environment on a daily basis for signs that harassment may be occurring;
(2) 
Counseling all employees on the types of behavior prohibited and the Village procedures for reporting and resolving complaints of harassment;
(3) 
Stopping any observed acts that may be considered harassment and taking appropriate steps to intervene, whether or not the involved employees are within his line of supervisor; and
(4) 
Taking immediate action to limit the work contact between two employees where there has been a complaint of harassment pending investigation.
B. 
Each supervisor has the responsibility to assist any employee of the Village who comes to that supervisor with a complaint of harassment in documenting and filing a complaint with the Village Mayor.
C. 
Each employee of the Village is responsible for assisting in the prevention of harassment through the following acts:
(1) 
Refraining from participation in or encouragement of actions that could be perceived as harassment;
(2) 
Reporting acts of harassment to a supervisor; and
(3) 
Encouraging any employee who confides that he is being harassed to report these acts to a supervisor.
D. 
Failure to take action to stop known harassment shall be grounds for discipline.
A. 
Employees encountering harassment shall tell the person that their actions are unwelcome and offensive. The employee shall document all incidents of harassment in order to provide the fullest basis for investigation.
B. 
Any employee who believes that he is being harassed shall report the incident(s) to his supervisor as soon as possible so that steps may be taken to protect the employee from further harassment and appropriate investigative and disciplinary measures may be initiated. Where this is not practical, the employee may instead file a complaint with the Village Mayor or with the Village Board.
(1) 
The supervisor or other person to whom a complaint is given shall meet with the employee and document the incident(s) complained of, the person(s) performing or participating in the harassment and the dates on which it occurred.
(2) 
The Village employee taking the complaint shall expeditiously deliver the complaint to the appropriate investigative authority (Village Board).
C. 
The Village Board shall be responsible for the investigation of any complaint alleging harassment.
(1) 
The Village Board shall immediately notify the Village Mayor and the District Attorney's Office if the complaint contains evidence of criminal activity, such as battery, rape or attempted rape.
(2) 
The investigation shall include a determination whether other employees are being harassed by the person and whether other Village employees participated in or encouraged the harassment.
(3) 
The Village Board shall inform the parties involved of the outcome of the investigation.
(4) 
A file of harassment complaints shall be maintained in a secure location. The Village Mayor shall be provided with any annual summary of these complaints.
D. 
There shall be no retaliation against any employee for filing a harassment complaint or assisting, testifying or participating in the investigation of such a complaint.
E. 
Complainants or employees accused of harassment may file a grievance/appeal in accordance with Village procedures when they disagree with the investigation or disposition of a harassment claim.
F. 
This article does not preclude any employee from filing a complaint or grievance with an appropriate outside agency.
Sexual harassment is not only prohibited by the Village of Bloomfield, but also by state and federal law. Aside from the internal process at the Village of Bloomfield, employees may choose to pursue legal remedies with the following government entities:
A. 
State Human Rights Law (HRL). New York Executive Law Article 15, § 290 et seq., applies to all employers in New York State. Complaints may be filed within one year of the harassment. If a DHR was not filed, they can sue in State Court within three years of the alleged sexual harassment. DHR main contact: NYS Division of Human Rights, One Fordham Plaza, Fourth Floor, Bronx, NY 10458; 718-741-8400; www.dhr.ny.gov. For additional information about filing a complaint: 888-392-3644 or dhr.ny.gov/complaint.
B. 
Civil Rights Act of 1964.[1] The United States Equal Employment Opportunity Commission (EEOC) enforces federal discrimination laws. An individual can file with EEOC anytime within 300 days from the harassment. EEOC will investigate and, if it finds cause, will issue a right to sue letter permitting the individual to file a complaint in federal court. Contact EEOC: 800-669-4000.
[1]
Editor's Note: See 42 U.S.C. § 2000a et seq.
C. 
Local protections. Many localities protect individuals from sexual harassment. The individual should contact local municipalities and/or local law enforcement.