[HISTORY: Adopted by the Board of Trustees of the Village
of Woodridge as indicated in article histories. Amendments noted where
applicable.]
[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.
A.
Sexual advances that are not welcome, requests for sexual favors,
and other verbal or physical conduct with sexual overtones constitute
sexual harassment when:
(1)
Submission to such conduct is made, either explicitly or implicitly,
a term or condition of an individual's employment; or
(2)
Submission to, or rejection of, such conduct by an individual is
used as the basis for employment decisions, such as promotion, transfer,
or termination, affecting such individual; or
(3)
Such conduct has the purpose or effect of unreasonably interfering
with an individual's work performance or creating an intimidating,
hostile, or offensive working environment.
B.
Sexual harassment refers to behavior that an individual does not
welcome; that is personally offensive; that fails to respect the rights
of others; that lowers morale and that, therefore, interferes with
an individual's work performance and effectiveness; or that creates
an intimidating, hostile or offensive working environment. Specific
forms of behavior that the Village would consider sexual harassment
include, but are not limited to, the following:
(1)
Verbal harassment. Abusive verbal language related to a person's
sex, including sexual innuendoes; slurs; suggestive, derogatory, or
insulting comments or sounds; whistling; jokes of a sexual nature;
sexual propositions; and threats. Included would be any sexual advance
that is unwelcome or any demand for sexual favors.
(2)
Nonverbal harassment. Abusive written language, showing or displaying
pornographic or sexually explicit objects or pictures, graphic commentaries,
leering or obscene gestures in the workplace such that it unreasonably
interferes with an individual's work performance or creates an intimidating,
hostile, or offensive working environment.
(3)
Physical harassment. Any physical contact which is not welcome, including
touching, petting, pinching, coerced sexual intercourse, assault,
or persistent brushing up against a person's body.
A.
Any Village officer or employee is encouraged to report an incident
of suspected employment discrimination or harassment to a department
head or to the Employment Discrimination/Harassment Committee as soon
as possible after an alleged incident. A victim does not have to be
of the opposite sex of the harasser. The harasser does not have to
be the victim's immediate supervisor. The harasser could be an agent
of a supervisor, another supervisor, a coworker, or even someone not
on the payroll of the Village who might have occasion to appear at
a work site or enter a Village building or facility. A victim of sexual
harassment does not necessarily have to be the person at whom unwelcome
sexual conduct is directed. Such an individual could be someone who
is affected by such conduct when it is directed towards another person,
thereby creating a hostile work environment. Such conduct is unlawful
and is prohibited by the Village and by this policy.
B.
Should an officer or employee believe that he or she has been discriminated
against or harassed and would like guidance as to how to proceed in
filing a complaint, that individual should review the Village's employment
discrimination and harassment complaint procedure or contact any member
of the Employment Discrimination/Harassment Committee.
C.
Should an individual file a complaint, the procedures of the Employment
Discrimination/Harassment Committee must be followed, including the
time limit of 180 days. The procedures describe the steps to be taken
when an employee has filed a complaint, detail the responsibilities
of all involved parties, and provide the time frames for actions to
be taken.
D.
All complaints will be handled in a timely and confidential manner.
In no event will information concerning a complaint be released by
the Village to any third party or to anyone within Village employment
who is not directly involved with or in the investigation. A breach
of this prohibition will result in disciplinary action.
E.
The investigation of a complaint will normally include conferring
with the parties involved and any named or apparent witnesses. The
particular facts of the allegation will be examined individually,
with a review of the nature of the behavior and the context in which
the incident or incidents occurred. Confidentiality will be maintained
throughout the investigatory process. The Employment Discrimination/Harassment
Committee will also investigate cases in which a supervisor requests
or requires assistance.
F.
An individual who believes that he or she has been unjustly charged
with employment discrimination or harassment in violation of this
policy will be afforded every opportunity to offer and present information
in defense of the complaint. Any information will be confidential.
G.
A person who participates in this procedure may do so without fear
of retaliation. Retaliation against anyone who has filed a complaint
under this policy is prohibited and may well be a violation of federal
or state law. Any such retaliation will result in disciplinary action
by the Village.
H.
A person who is found to have committed an act of employment discrimination
or harassment will be subject to disciplinary action in accordance
with the provisions of a negotiated labor agreement or state law,
as may be appropriate.
I.
Nothing in this policy should be construed to limit an individual's
existing right to file a complaint with the New York State Division
of Human Rights or the United States Equal Employment Opportunity
Commission, or to take any legal action which he or she may deem advisable.
A.
Step One.
(1)
An aggrieved person, hereafter referred to as "the complainant,"
will meet with his or her department head to discuss an allegation
of employment discrimination or harassment and may file a complaint
of discrimination or harassment. If a complaint is filed, the department
head shall send a signed complaint on a form available from the Village
to the Employment Discrimination/Harassment Committee. Should an individual
feel uncomfortable raising an issue of alleged employment discrimination
or harassment with a department head, any other department head or
a member of the Employment Discrimination/Harassment Committee may
be approached. Verbal complaints may be handled informally.
(2)
Any written complaint must be filed by a complainant within 180 days
of an alleged act of employment discrimination or harassment on a
form available from the Village.
(3)
The complainant may withdraw his or her complaint at any time by
filing a notice in writing on a form available from the Village.
B.
Step Two.
(1)
When a written complaint is filed, the department head or Committee
member shall have 15 working days to try to resolve the allegation
informally by:
(2)
Regardless of whether the complaint is written or verbal, if a resolution
is achieved by a department head, he or she will prepare a statement
that the complaint has been resolved. All parties must sign the statement
which shall be sent to the Employment Discrimination/Harassment Committee.
The case will be considered closed.
(3)
If a complaint is not resolved, it will be turned over to the Employment
Discrimination/Harassment Committee. The Committee will investigate
the complaint, call witnesses to appear before the Committee, and
review any other evidence the Committee feels credible and probative
of the allegation or allegations. Notice of the complaint must be
given to the accused, who shall also be afforded an opportunity to
appear before the Committee, with or without counsel, if he or she
so desires. The Committee shall have 10 working days to investigate
the complaint and an additional 10 working days to render a decision.
(4)
Written notice of the Committee's decision will be given to both
the complainant and the accused.
[Adopted 8-3-2020 by L.L. No. 2-2020[1]]
[1]
Editor's Note: This local law also provided that adoption
of this article 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.
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.
A.
The Village of Woodridge's 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 Woodridge. In the remainder of this article, the
term "employees" refers to this collective group.
B.
Sexual harassment will not be tolerated. Any employee or individual
covered by this article who engages in sexual harassment or retaliation
will be subject to remedial and/or disciplinary action (e.g., counseling,
suspension, termination).
C.
Retaliation prohibition. No person covered by this article shall be subject to adverse 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 Woodridge 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 Woodridge 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 [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.] working in the workplace who believe they have been subject to such retaliation should inform a supervisor, manager, the Village Clerk, the Village Trustee or the Mayor. All employees, paid or unpaid interns or nonemployees who believe they have been a target of such retaliation may also seek relief in other available forums, as explained below in § 78-16, Legal protections and external remedies.
D.
Sexual harassment is offensive, is a violation of our policies, is
unlawful, and may subject the Village of Woodridge 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.
E.
The Village of Woodridge 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 of Woodridge 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.
F.
All employees are encouraged to report any harassment or behaviors
that violate this article. The Village of Woodridge will provide all
employees a complaint form for employees to report harassment and
file complaints.
G.
Managers and supervisors are required to report any complaint that
they receive, or any harassment that they observe or become aware
of, to the Village Clerk, the Village Trustee or the Mayor.
H.
This article applies to all employees, paid or unpaid interns, and
nonemployees, and all must follow and uphold this article. This article
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, 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 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, 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 article can be corrected promptly. Any harassing conduct,
even a single incident, can be addressed under this article.
The following describes some of the types of acts that may be
unlawful sexual harassment and that are strictly prohibited:
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:
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[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.
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.
A.
Preventing sexual harassment is everyone's responsibility. The
Village of Woodridge 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 Clerk, the Village Trustee 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 Clerk,
the Village Trustee 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 article,[1] 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.
[1]
Editor's Note: Said form is on file in the Village offices.
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
Clerk, the Village Trustee or the 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 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 Woodridge will not
tolerate retaliation against employees who file complaints, support
another's complaint or participate in an investigation regarding
a violation of this article.
D.
While the process may vary from case to case, investigations should
be done in accordance with the following steps:
(1)
Upon receipt of complaint, the Village Clerk, the Village Trustee
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, encourage the individual to complete the complaint
form in writing. If he or she refuses, prepare a complaint form based
on the verbal reporting.
(2)
If documents, emails or phone records are relevant to the investigation,
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 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 in the next section.
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.
