[HISTORY: Adopted by the Town Board of the
Town of Greenwich 6-25-2020[1]. Amendments noted where applicable.]
GENERAL REFERENCES
Defense and indemnification — See Ch. 15.
Officers and employees — See Ch. 47.
Personnel policies — See Ch. 54.
Attachment 1 - Acknowledgement of Receipt Against Discrimination and Harassment
Attachment 2 - Complaint Form
Attachment 2 - Complaint Form[1]
Editor's Note: This resolution also repealed former Ch. 72,
Sexual Harassment Policy, adopted 3-10-1998.
The Town of Greenwich believes in the dignity of the individual
and recognizes the rights of all people to equal employment opportunities
in the workplace. In this regard, the Town of Greenwich (hereinafter
"municipality"), is committed to a policy of protecting and safeguarding
the rights and opportunities of all people to seek, obtain and hold
employment without subjugation to harassment or discrimination in
the workplace. It is the municipality's policy to provide an employment
environment free from harassment and discrimination based on race,
color, gender, religion, religious creed, sex, familial or marital
status, age, national origin or ancestry, physical or mental disability,
genetic information/predisposition or carrier status, military or
veteran status, sexual orientation, self-identified or perceived sex,
gender expression, gender identity and the status of being transgender,
pregnancy (including childbirth and related medical conditions, and
including medical conditions related to lactation) citizenship, domestic
violence victim's status or any other characteristics protected by
applicable federal, state or local law.
A.
Scope of policy. This policy applies to all municipality employees
and all personnel in a contractual or other business relationship
with the municipality, including, for example, applicants, temporary
or leased employees, interns (whether paid or unpaid), volunteers,
visitors, independent contractors, contractors, subcontractors, vendors,
consultants or other persons providing services pursuant to a contract
in the workplace, including employees of independent contractors,
contractors, subcontractors, vendors, consultants or others providing
services pursuant to a contract in the workplace. In the remainder
of this policy, the term "employees" refers to this collective group.
This policy applies with equal force on municipality property as it
does at municipality-sponsored events, programs, and activities that
take place off municipality premises.
B.
Policy objectives. By adopting and publishing this policy, it is
the intention of the municipality's governing body to:
(1)
Notify employees about the types of conduct that constitute harassment
and discrimination prohibited by this policy;
(2)
Inform employees about the complaint procedures established by the
municipality that enable any employee who believes (s)he is the victim
of harassment or discrimination to submit a complaint which will be
investigated by the municipality;
(3)
Clearly advise all supervisory staff, managers, and employees that
harassment and discrimination is strictly prohibited, and no such
person possesses the authority to harass or discriminate; and
(4)
Notify all employees that the municipality has appointed Compliance
Officers who are specifically designated to receive complaints and
ensure compliance with this policy.
NOTE: The names and office location of each Compliance Officer designated to receive and investigate complaints are listed below in § 72-11 of this policy. Any change in the designated Compliance Officers shall be distributed in writing to all current employees and shall be posted.
A.
HARASSMENT
PROHIBITED DISCRIMINATION OF EMPLOYEES
SEXUAL HARASSMENT
(1)
(2)
(a)
(b)
(c)
(3)
As used in this chapter, the following terms shall have the meanings
indicated:
Harassment is strictly prohibited and includes, but is not
limited to, conduct that is unwelcome and has the purpose or effect
of unreasonably interfering with a person's work performance, or creating
an intimidating, hostile or offensive working environment. Such harassment
of employees is prohibited by this policy if it is based on a protected
characteristic or directed at an individual because of a protected
characteristic. In this regard, individuals subject to this policy
should be mindful that conduct or behavior that is acceptable, amusing
or inoffensive to some individuals may be viewed as unwelcome, abusive
or offensive to others.
Prohibited discrimination of employees can take the form
of any adverse employment action against an employee, by either a
municipality employee or official or a third party engaged in activities
sponsored by the municipality which is based upon the employee's protected
characteristic. Prohibited discrimination of employees also includes
harassment based on a protected characteristic even where there is
no tangible impact upon the employee's employment opportunities and/or
employment benefits. The phrase "prohibited discrimination" as used
in this policy includes all forms of prohibited discrimination and
harassment based on a protected characteristic, including "sexual
harassment" as defined below.
Sexual harassment is strictly prohibited. It 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.
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:
Submission to such conduct is made either explicitly or implicitly
a term or condition of an individual's employment;
Submission to, or rejection of, such conduct by an individual
is used as the basis for employment decisions affecting such individual
(e.g., promotion, transfer, demotion, termination); or
Such gender-based conduct has the purpose or effect of unreasonably
interfering with an individual's work performance, or of creating
an intimidating, hostile or offensive working environment, even if
the reporting individual is not the intended target of the sexual
harassment.
The foregoing includes offensive comments, jokes, innuendoes
or other statements of a sexual or gender-based nature as well as
favoritism between a supervisor and subordinate based on an intimate/sexual
relationship or desire for the same.
B.
Examples of harassment.
(1)
Who can be the target of harassment?
(a)
Harassment can occur between any individuals, regardless of
their sex, gender or other protected status. 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.
(2)
Where can harassment occur?
(a)
Unlawful 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.
(3)
Prohibited behavior and examples of harassment, including sexual
harassment. Specific forms of behavior the municipality considers
harassment or sexual harassment are set forth below. Every conceivable
example cannot be delineated herein, and thus the descriptions below
should not be interpreted in any way as being all-inclusive.
(a)
Verbal: Abusive verbal language, including jokes, comments,
teasing or threats related to an employee's protected characteristic,
sexual activity and/or body parts whether or not said in that person's
presence, including, but not limited to, sexual innuendos; slurs;
suggestive, derogatory, or insulting comments or sounds; whistling;
jokes; propositions; threats; comments on a person's appearance that
make the person feel uncomfortable because of his or her protected
characteristic; sex stereotyping, continuing to ask someone for dates
or to meet after work after the person has made it clear that he or
she does not want to go; comments about an employee's anatomy or protected
characteristic that are unwelcome, unreasonably interfere with an
employee's work performance, or create an intimidating, hostile or
offensive work environment; and unwelcome advances or demands based
on someone's protected characteristic.
(b)
Nonverbal: Abusive written language showing or displaying pornographic
or sexually explicit objects or pictures; graphic commentaries based
on a protected characteristic; derogatory cartoons or caricatures;
luring or obscene gestures in the workplace; staring at a person's
body in a sexually suggestive manner; gestures or motions based on
a protected characteristic; sending material through the municipality
email system or other electronic communication devices (e.g., voice
mail) or using the municipality's mail, computers or cell phones to
view material that is demeaning or derogatory based on one's protected
characteristic.
(c)
Physical: Unwelcome physical conduct, including but not limited
to, hitting, pushing, shoving, slapping, petting, pinching, grabbing,
holding, hugging, kissing, tickling, massaging, displaying private
body parts, coerced sexual intercourse, rape or assault or attempts
to commit these assaults, persistent brushing up against a person's
body, unnecessary touching and flashing or other unwelcome physical
conduct.
(d)
Other: Hostile actions taken against an individual because of
an individual's sex, sexual orientation, gender identity and the status
of being transgender or because of any other protected characteristic,
such as, interfering with, destroying or damaging a person's workstation,
tools, or equipment, or otherwise interfering with the individual's
ability to perform the job; sabotaging an individual's work; bullying,
yelling, or name-calling.
(4)
Any employee who feels discriminated against or harassed should report
so that any violation of this policy can be corrected promptly. Any
harassing conduct, even if a single incident, can be addressed under
this policy.
A.
The municipality prohibits harassment and discrimination based on
any characteristic protected by applicable law and will not tolerate
any form of unlawful discrimination or harassment. The municipality
will take all steps necessary to prevent and stop the occurrence of
unlawful discrimination and/or harassment, including sexual harassment,
in the workplace.
B.
All employees, including but not limited to, municipality officials and supervisory personnel, are responsible for ensuring a work environment free from prohibited harassment and discrimination. All employees will be held responsible and accountable for avoiding or eliminating inappropriate conduct that may give rise to a claim of harassment or discrimination. Employees are encouraged to report violations to a supervisor, manager, or one of the Compliance Officers listed in § 72-11 of this policy in accordance with the Complaint Procedure set forth in this policy. Officials, managers and supervisors must take immediate and appropriate corrective action when suspected instances of prohibited harassment and/or discrimination come to their attention to assure compliance with this policy as well as report the suspected misconduct to the municipality's designated Compliance Officers. Furthermore, if any employee believes that any member of management has violated this policy or has not properly responded to and/or handled a report of concerns of discrimination or harassment, the employee should immediately contact one of the municipality's designated Compliance Officers.
C.
Each employee is assured, pursuant to § 72-6 of this policy, that retaliation against an individual who makes a complaint or report under this policy is absolutely prohibited and constitutes, in and of itself, a violation of this policy. Employees who engage in retaliation against any employee for making a good faith complaint of harassment or discrimination, for opposing in good faith any practices forbidden by applicable anti-discrimination laws or for filing a good faith complaint with, or otherwise participating in any manner in an internal workplace investigation or an external investigation, proceeding or hearing conducted by any federal or state agency charged with enforcing employment discrimination laws shall be subject to discipline, up to and including termination of employment. Any employee who believes he/she has been retaliated against in violation of this policy should report violations to one of the Compliance Officers listed in § 72-11 of this policy in accordance with the complaint procedure set forth in this policy.
A.
Complaint procedure for employees.
(1)
Notification procedure. Prompt reporting of complaints or concerns is encouraged so that timely and constructive action can be taken before relationships become strained. Reporting of all perceived incidents of prohibited discrimination and/or harassment is encouraged and essential, regardless of the offender's identity or position. An employee or other individual who feels aggrieved because of harassment or discrimination shall contact his or her supervisor or a Compliance Officer listed in § 72-11 of this policy, or another administrator. Likewise, anyone who witnesses or becomes aware of instances of harassment or discrimination should report such behavior to his or her supervisor or a Compliance Officer listed in § 72-11 of this policy, or another administrator.
(2)
Making a complaint.
(a)
Complaints are accepted orally and in writing. All employees
are encouraged to use the municipality's "Complaint of Alleged Discrimination"
form. A copy of this form is attached to this policy.[1] Additional complaint forms can be obtained from a Compliance
Officer, with no questions asked, or from the municipality's website.
Because an accurate record of the allegedly objectionable behavior
is necessary to resolve a complaint of prohibited discrimination or
harassment, the municipality encourages employees to place complaints
in writing, even if originally made orally. If an employee has any
questions or difficulty filling out the complaint form, she/he can
obtain assistance from any one of the Compliance Officers or the supervisor
to which he/she complained. All complaints should include the name
of the complaining party, the name of the alleged offender(s), date(s)
of the incident(s), description of the incident(s), names of witnesses
to the incident(s) and the signature of the complaining party.
[1]
Editor's Note: Said form is included as an attachment to this
chapter.
(b)
Once the complaining party has completed and dated a complaint,
with or without the assistance of one of the municipality's Compliance
Officers or a supervisor, the written complaint or oral complaint
as the case may be, should be promptly forwarded to one of the municipality's
Compliance Officers.
(c)
Complainants are expected to cooperate with the municipality's
investigation procedures by providing all relevant information relating
to the complaint, as are other supervisory and nonsupervisory employees
having relevant or related knowledge or information.
(3)
Supervisory responsibilities.
(a)
All supervisors and managers who receive a complaint or information
about suspected harassment or discrimination, observe what may be
harassing behavior or for any reason suspect that harassment is occurring,
are required to report such suspected harassment or discrimination
to one of the municipality's Compliance Officers.
(b)
In addition to being subject to discipline if they engaged in
harassing conduct themselves, supervisors and managers will be subject
to discipline for failing to report suspected harassment or otherwise
knowingly allowing harassment to continue.
(c)
Supervisors and managers will also be subjected to discipline
for engaging in any retaliation.
B.
Time for reporting a complaint. Prompt reporting of all complaints
is strongly encouraged. All employees should be aware that appropriate
resolution of complaints and effective remedial action oftentimes
is possible only when complaints are promptly filed.
C.
Confidentiality and privacy. The municipality shall keep complaints
as confidential as is consistent with a thorough investigation, applicable
collective bargaining agreements, and other laws and regulations regarding
employees. To the extent complaints made under this policy implicate
criminal conduct, the municipality may be required by law to contact
and cooperate with the appropriate law enforcement authorities.
D.
Acknowledgement of complaint. Upon receipt of an oral or written
complaint, the Compliance Officer should endeavor to contact promptly
the complainant to confirm that the complaint has been received. If
the complainant does not receive such confirmation promptly, she/he
is encouraged to contact a Compliance Officer or his/her supervisor
or the supervisor to whom the complaint was made to ensure its receipt.
The purpose of this acknowledgment procedure is to ensure that all
complaints are received by authorized individuals, carefully processed
and promptly investigated.
A.
Timing of investigations. The municipality will promptly investigate
all allegations of discrimination and harassment prohibited by this
policy. The municipality will also attempt to complete investigations
under this policy promptly. The length of the investigation will depend
upon the complexity and particular circumstances of each complaint.
B.
Method of investigation.
(1)
Investigations will provide all parties due process, and reach reasonable
conclusions based on the evidence collected. Investigations will be
conducted by municipality Compliance Officers, the municipality's
legal counsel, and/or other impartial persons designated by the municipality.
The primary purposes of all investigations under this policy will
be to determine:
(2)
Investigations will necessarily vary from case to case and may typically
include the following: fact-finding interviews, including of the accuser
and the accused; document request, review and preservation, depositions,
observations, or other reasonable methods. municipality investigators
should pursue reasonable steps to investigate each complaint in a
thorough and comprehensive manner. Any notes, memoranda, or other
records created by municipality employees or agents conducting an
investigation under this policy shall be deemed confidential and privileged
to the extent allowed by law.
(3)
Investigators will typically 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 basis for the decision and final resolution of the complaint,
together with any remedial actions.
C.
Notification to complaining party and the accused party. The results
of the investigation shall be communicated in writing to both the
person filing the complaint and the accused party.
D.
Remedial measures.
(1)
This policy is intended to prevent all forms of unlawful discrimination
and harassment and put an end to any prohibited discrimination that
is found to have occurred. While disciplinary action may be appropriate
in certain instances, punitive measures are not the exclusive means
for responding to prohibited discrimination or harassment. During
the pendency of any investigation being conducted pursuant to this
policy, remedial measures may be taken if appropriate and necessary.
(2)
Any individual who is found to have engaged in prohibited discrimination
or harassment or conduct which may be prohibited by this policy may
receive education, training, counseling, warnings, discipline, or
other measures designed to prevent future violations of this policy.
Disciplinary action may include warnings, suspension, or discharge
from employment or such disciplinary action as may be permitted by
applicable collective bargaining agreements and law. Any third party
found to have engaged in discrimination or harassment of an employee
may be barred from municipality property.
A.
Unlawful retaliation can be any action that could discourage an employee
from coming forward to make a complaint or support a discrimination
or harassment claim. Adverse action need not be job-related or occur
in the workplace to constitute retaliation (e.g., threats of physical
violence outside of work hours).
B.
Retaliation is strictly prohibited by this policy and by law against
anyone for making a good faith complaint of harassment or discrimination,
for opposing in good faith any practices forbidden by applicable anti-discrimination
laws or for filing a good faith complaint with or otherwise participating
in any manner in an internal workplace investigation or an external
investigation, proceeding or hearing conducted by any federal or state
agency charged with enforcing employment discrimination laws.
C.
Even if the alleged harassment or discrimination does not turn out
to rise to the level of a violation of law, the individual is protected
from retaliation if he/she 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
or discrimination.
D.
Complaints of retaliation should be brought directly to a Compliance
Officer. Such complaints will be promptly investigated. If retaliation
is found, the person retaliating will be subject to corrective action
up to and including termination from employment, or, in the case of
a nonemployee, an appropriate remedy up to and including termination
of the business relationship.
A.
Any complainant or accused party who wishes to appeal the conclusion
which the municipality reached in investigating a complaint filed
under this policy may do so within 10 calendar days of receipt of
the appealing party's notification of the investigation outcome. Untimely
submissions shall not receive consideration. Such appeal must be made
in writing to the municipality's governing body. The appealing party
shall be entitled to present evidence in writing as to why the conclusion
was flawed, improper, or otherwise not supported by the evidence.
The municipality's consideration and review of any such appeal shall
be conducted confidentially in executive session. Following a review
of that evidence, as well as the information obtained in the investigation
process and conclusions derived therefrom, the municipality's governing
body, or its designee, shall render a decision. That decision shall
be final. The appealing party shall be notified of the decision in
writing.
B.
Nothing set forth in the appeal process above shall be construed
to in any way confer upon either the complainant(s) or the person(s)
accused of violating this policy any right to appeal the municipality's
determination as to appropriate disciplinary and/or corrective action
to be taken on meritorious complaints. In this regard, the municipality
at all times retains sole discretion to determine the appropriate
disciplinary and/or corrective action to be taken with regard to a
meritorious complaint.
A.
The municipality shall maintain a written record of all complaints
of discrimination and/or harassment for a period of at least three
years. The municipality shall also document the steps taken with regard
to investigations, as well as conclusions reached and remedial action
taken, if any. The municipality shall also maintain these documents
for, at a minimum, three years.
B.
The municipality's records regarding alleged discrimination and harassment
shall be maintained separate and apart from personnel records in a
secure and confidential location.
A.
Discrimination and harassment based on protected characteristics,
including sexual harassment, are not only prohibited by the municipality
but are also prohibited by state, federal, and, where applicable,
local law.
B.
Aside from the internal process at the municipality, 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.
C.
In addition to those outlined below, employees in certain industries
may have additional legal protections.
(1)
State Human Rights Law (HRL).
(a)
The Human Rights Law (HRL), codified as New York Executive Law,
Art. 15, § 290 et seq., applies to all employers in New
York State with regard to sexual harassment and harassment based on
other protected characteristics set forth in this policy, 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.
(b)
Complaints with DHR may be filed any time within one year of
the harassment. Complaints of sexual harassment that accrue on or
after August 12, 2020, may be filed with DHR at any time within three
years of the alleged sexual 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 harassment, including 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 municipality 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.
(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 sexual or other illegal harassment
has occurred. Probable cause cases are forwarded to a public hearing
before an administrative law judge. If sexual or other illegal 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, attorneys' fees (in sex discrimination and sexual
harassment cases only) and civil fines.
(f)
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.
(g)
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)
Civil Rights Act of 1964.
(a)
The United States Equal Employment Opportunity Commission (EEOC)
enforces federal anti-discrimination 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 discrimination or 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. In general, employers must have at least
15 employees to come within the jurisdiction of the EEOC.
(c)
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.
(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.
(3)
Local protections. 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.
(4)
Contact the local police department. 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.
Any questions by employees of the municipality about this policy or potential harassment or discrimination should be brought to the attention of one of the municipality's Compliance Officers. The names, addresses, and telephone numbers of the municipality's Compliance Officers are listed in § 72-11 of this policy.
[Amended 7-12-2022 by Res. No. 82-22]
|
Councilman James Mumby
518-692-7611 x 100
|
2 Academy Street
Greenwich, NY 12834
|
|
Clerk to the Supervisor
Joanna Messina
518-692-7137 x 103
|
2 Academy Street
Greenwich, NY 12834
|
A.
The effective date of this policy shall be August 1, 2020. The Town
of Greenwich shall ensure that this policy is adequately disseminated
and made available to all employees of the municipality. This policy
shall be distributed at the beginning of each year with or as part
of the Employee Handbook.[1] In addition, copies of this policy and complaint form
shall be maintained in the office of each Compliance Officer as well
as the Municipality's Policy Book that is available at the Clerk to
the Supervisor's office and on the Town's website at www.greenwichny.org.
[1]
Editor's Note: The acknowledgement of receipt of the municipality's
Policy Against Discrimination and Harassment is included as an attachment
to this chapter.
