A. 
Statement of policy. The Borough of Glassboro is committed to the principle of equal employment opportunity and anti-discrimination for all employees. In accordance with Title VII of the 1964 Civil Rights Act, the Americans with Disabilities Act, the New Jersey Law Against Discrimination, the New Jersey Pregnant Worker's Fairness Act, and all similar applicable laws, the Borough will not discriminate on the basis of sex, race, creed, color, religion, national origin, ancestry, age, marital or political status, affectional or sexual orientation, domestic partnership status, civil union status, atypical heredity, cellular or blood trait, genetic information, disability (including AIDS or HIV infection), pregnancy (including pregnancy-related medical condition), childbirth, breastfeeding, liability for service in the United States Armed Forces, gender identity or expression, and/or any other legally protected basis. Any employees with questions or concerns about any type of discrimination or harassment in the workplace are strongly encouraged to bring these issues to the attention of management through the employee complaint policy. The Borough will not tolerate retaliation of any kind with respect to any such questions, concerns, or complaints.
[1]
Editor's Note: The Notice Under the ADA and the Civil Rights Resolution are included as attachments to this chapter.
[Amended 11-25-2025 by Ord. No. 25-29]
A. 
In compliance with the Americans with Disabilities Act, the ADA Amendments Act, the New Jersey Law Against Discrimination [as amended by the New Jersey Pregnant Worker's Fairness Act (LAD)], and the federal Pregnant Workers Fairness Act ("PWFA"), the Borough of Glassboro does not discriminate based on disability, pregnancy and limitation related to pregnancy, pregnancy-related medical condition or childbirth. This applies to all aspects of the employer-employee relationship, including recruitment, hiring, upgrading, training, promotion, transfer, discipline, layoff, recall, and termination.
B. 
It is the policy of the Borough of Glassboro to comply with all relevant and applicable provisions of the Americans with Disabilities Act, the ADA Amendments Act, LAD and PWFA. We will not discriminate against any employee or job applicant with respect to any terms, conditions, or privileges of employment on the basis of a known or perceived disability, pregnancy, childbirth, breastfeeding, or pregnancy-related medical condition. We will also make reasonable accommodations to known physical or mental limitations of all employees and applicants with disabilities or employees affected by pregnancy or childbirth, provided that the individual is otherwise qualified to safely perform the essential functions of the job, and also provided that the accommodation does not impose undue hardship on the Borough of Glassboro.
C. 
Where applicable, Human Resources shall engage in an interactive dialogue for purposes of determining reasonable accommodations. Requests for reasonable accommodations should be directed to Human Resources. The Borough may require the production of adequate medical or other appropriate documentation of the disability or pregnancy or childbirth related condition and the need for the desired accommodation. The Borough will also consider whether the proposed accommodation would impose an undue hardship on the Borough's business operation. The PWFA defines "pregnancy and childbirth" as meaning the pregnancy or childbirth of the specific employee in question and includes, but is not limited to, current pregnancy; past pregnancy; potential or intended pregnancy (which can include infertility, fertility treatment, and the use of contraception); labor; and childbirth.
D. 
In the case of an employee needing accommodations for pregnancy or childbirth, a reasonable accommodation may include the temporary suspension of essential functions and/or modifications or adjustments that permit the temporary suspension of essential functions. In the case of an employee breastfeeding her infant child, the accommodation shall include reasonable break time each day to the employee and a suitable room or other location with privacy, other than a toilet stall, in close proximity to work area for the employee to express breast milk for the child.
E. 
The Americans with Disabilities Act does not require the Borough of Glassboro to offer permanent "light duty," relocate essential job functions, or provide personal use items such as eyeglasses, hearing aids, wheelchairs, etc.
F. 
Employees should also offer assistance, to the extent possible, to any member of the public who requests or needs an accommodation when visiting the Borough of Glassboro facilities. Any questions concerning proper assistance should be directed to the Borough Administrator.
G. 
The Borough of Glassboro will endeavor to make every work environment handicap-accessible, and all future construction and renovation of facilities will be in accordance with applicable barrier-free federal and state regulations and the Americans with Disabilities Act Accessibility Guidelines, as well as the ADA Amendments Act.
H. 
ADA grievance procedure.
(1) 
This grievance procedure is established to meet the requirements of the Americans with Disabilities Act of 1990. It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the Borough. The Borough's employee complaint procedure governs employment-related complaints of disability discrimination.
(2) 
The complaint should be in writing and contain information about the alleged discrimination, such as name, address, and phone number of the complainant and location, date, and description of the problem. Alternative means of filing complaints, such as personal interviews or a tape recording of the complaint, will be made available for persons with disabilities upon request.
(3) 
The complaint should be submitted by the grievant and/or his/her designee as soon as possible but no later than 60 calendar days after the alleged violation to the Borough of Glassboro, ATTN: ADA Coordinator, 1 South Main Street, Glassboro, New Jersey, 08028.
(4) 
Within 30 calendar days after receipt of the complaint, the ADA Coordinator (or the Coordinator's designee) will meet with the complainant to discuss the complaint and the possible resolutions. Within 15 calendar days of the meeting, the ADA Coordinator (or the Coordinator's designee) will respond in writing, and, where appropriate, in a format accessible to the complainant, such as large print, Braille, or audio tape. The response will explain the position of the Borough and offer options for substantive resolution of the complaint.
(5) 
If the response by the ADA Coordinator (or the Coordinator's designee) does not satisfactorily resolve the issue, the complainant and/or his/her designee may appeal the decision within 15 calendar days after receipt of the response to the Borough Administrator (or Administrator's designee).
(6) 
Within 30 calendar days after receipt of the appeal, the Administrator (or Administrator's designee) will meet with the complainant to discuss the complaint and possible resolutions. Within 30 calendar days after the meeting, the Administrator (or Administrator's designee) will respond in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint.
(7) 
All written complaints received by the ADA Coordinator (or Coordinator's designee), appeals to the Administrator (or Administrator's designee), and responses from these two offices will be retained by the Borough in accordance with state retention guidelines.
(8) 
A copy of the Borough's Notice Under the Americans with Disabilities Act is provided with these policies and available with the Borough Administrator. A copy is also available on the Borough's website.
[Amended 11-25-2025 by Ord. No. 25-29]
A. 
It is the Borough's policy to prohibit harassment of an employee by another employee, management representative, supplier, volunteer, or business invitee on the basis of actual or perceived sex, race, creed, color, religion, national origin, ancestry, age, marital or political status, affectional or sexual orientation, domestic partnership status, civil union status, atypical heredity, cellular or blood trait, genetic information, disability (including AIDS or HIV infection), gender liability or expression, pregnancy, liability for service in the United States Armed Forces, and/or any other basis protected by law. Harassment of nonemployees by our employees is also prohibited.
B. 
The Borough prohibits harassment from occurring in the workplace or at any other location at which Borough-sponsored activity takes place. A hostile work environment can arise not only from conduct at the workplace, but can also arise from conduct occurring in a work-related context outside of the workplace (i.e., virtually or off-site) and conduct occurring in a non-work-related context (i.e., through private phones, computers, or social media accounts) when that conduct impacts the workplace.
C. 
While it is not easy to define precisely what harassment is, it includes slurs, epithets, threats, derogatory comments, unwelcome jokes, teasing, caricatures or representations of persons using electronically or physically altered photos, drawings or images, and other similar verbal, written, printed or physical conduct.
D. 
Unwelcome sexual advances, requests for sexual favors and other verbal, physical or visual conduct of a sexual nature constitute harassment when:
(1) 
Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment;
(2) 
Submission to or rejection of such conduct by an individual is used as the basis for an employment decision affecting the 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 work environment.
E. 
Regarding unwelcome sexual advances toward nonemployees, requests for sexual favors and other verbal, physical or visual conduct of a sexual nature constitute harassment when:
(1) 
Submission to such conduct is made either explicitly or implicitly in exchange for a benefit;
(2) 
Submission to or rejection of such conduct by an individual is used as the basis for a decision affecting the individual; or
(3) 
Such conduct has the purpose or effect of unreasonably interfering with an individual's activities or creating an intimidating, hostile or offensive environment.
F. 
Sexual harassment may include unwanted sexual advances; offering employment benefits in exchange for sexual favors; visual conduct (leering, making sexual gestures, displaying of sexually suggestive objects or pictures, cartoons or posters); verbal sexual advances, propositions or requests; verbal abuse of a sexual nature; graphic verbal commentaries about an individual's body; sexually degrading words used to describe an individual; suggestive or obscene letters, caricatures or representations of persons using electronically or physically altered photos, drawings, or images; notes or invitations; and/or physical conduct (touching, assault, impeding or blocking movements).
G. 
Sexual harassment also occurs when one person harasses another solely because of the victim's gender. This type of sexual harassment may involve unwelcome sexual demands or overtures, but it may also take the form of other harassing conduct not necessarily sexual in nature. For example, this would include gender stereotyping, such as comments about the lesser abilities, capacities, or the "proper role" of females. It also includes subjecting a woman or a man to nonsexual harassment solely because of her or his gender. Sexual harassment is prohibited whether the harasser is male or female, and whether the harassment is opposite sex or same-sex harassment.
H. 
If an employee is witnesses to or believes to have experienced harassment, immediate notification under the Borough's employee complaint policy should take place. Please refer to the employee complaint policy for the reporting procedure.[1]
[1]
Editor's Note: See § 97-29.
I. 
Harassment of any employees, in connection with their work, by nonemployees may also be a violation of this policy. Any employee who experiences harassment by a nonemployee, or who observes harassment of an employee by a nonemployee, should report such harassment under the employee complaint policy.
J. 
Notification of appropriate personnel of any harassment problem is essential to the success of this policy and the Borough generally. The Borough cannot resolve a harassment problem unless it knows about it. Therefore, it is the responsibility of all employees to bring those kinds of problems to attention of management so that steps are taken to correct them. Please see the employee complaint policy for further information.[2]
[2]
Editor's Note: See § 97-29.
A. 
Employees have the right under the New Jersey Conscientious Employee Protection Act ("CEPA") (N.J.S.A. 34:19-1 et seq.) to complain about any activity, policy or practice that the employees reasonably believe is in violation of a law, or a rule or regulation promulgated pursuant to law, without fear of retaliation or reprisal. This right shall be communicated to all employees in an annual letter outlining the specific employee complaint procedure and in a posted notice. The annual notice shall be in English and Spanish and must contain the name of the person who is designated to receive written notification of policies or practices that might violate CEPA. All complaints will be taken seriously.
B. 
The Borough shall not take any retaliatory action or tolerate any reprisal against an employee for any of the following:
(1) 
Disclosing or threatening to disclose to a supervisor, department head, the Administrator, other official or to a public body, as defined in CEPA, an activity, policy or practice that the employee reasonably believes is in violation of a law, or a rule or regulation promulgated pursuant to law;
(2) 
Providing information to, or testifying before, any public body conducting an investigation, hearing, or an inquiry into any violation of law, or a rule or regulation promulgated pursuant to law; or
(3) 
Objecting to, or refusing to participate in, any activity, policy, or practice that the employee reasonably believes is a violation of a law, or a rule or regulation promulgated pursuant to law; is fraudulent or criminal; or is incompatible with a clear public policy mandate concerning the public health, safety, or welfare.
C. 
In accordance with CEPA, the employee must bring the violation to the attention of the Administrator or the Borough Solicitor. However, disclosure is not required where: 1) the employee is reasonably certain that the violation is known to one or more officials; 2) the employee reasonably fears physical harm; or 3) the situation is emergent in nature. Complaints should be brought under the employee complaint policy,[1] but an employee may make a verbal complaint at their discretion.
[1]
Editor's Note: See § 97-29.
D. 
Under the law, the employee must give the Borough a reasonable opportunity to correct the activity, policy or practice.
A. 
Employees who observe actions they believe to constitute harassment, or any other workplace wrongdoing, should immediately report the matter to their supervisor, or, if they prefer, or do not think that the matter can be discussed with their supervisor, they should contact the department head, the Borough Administrator, the Human Resources Coordinator, or the Borough Solicitor.
B. 
Employees have the right to formally or informally report any statement, act, or behavior by a co-employee, supervisor, elected official or visitor that they believe to be improper.
C. 
Reporting of such incidents is encouraged both when an employee feels that he or she is subject to such incidents, or observes such incidents in reference to other employees. Incidents do not have to occur on Borough property during regular work hours for an employee to file a complaint under this policy.
D. 
Employees should report incidents in writing using an employee complaint form[1] but may make a verbal complaint at their discretion.
[1]
Editor's Note: The employee complaint form is included as an attachment to this chapter.
E. 
If the employee has any questions about what constitutes harassment, sexual harassment, or any other workplace wrongdoing, they may ask the Human Resources Coordinator.
F. 
All reports of harassment, sexual harassment, or other wrongdoing will be promptly investigated by a person who is not involved in the alleged harassment or wrongdoing.
G. 
No employee will be penalized in any way for reporting a complaint. There will be no discrimination or retaliation against any individual who files a good-faith complaint, even if the investigation produces insufficient evidence to support the complaint, and even if the charges cannot be proven. There will be no discrimination or retaliation against any other individual who participates in the investigation of a complaint.
H. 
If the investigation substantiates the complaint, appropriate corrective and/or disciplinary action will be swiftly pursued. Disciplinary action up to and including discharge will also be taken against individuals who make false or frivolous accusations, such as those made maliciously or recklessly. Actions taken internally to investigate and resolve complaints will be conducted confidentially to the extent practicable and appropriate in order to protect the privacy of persons involved. Any investigation may include interviews with the parties involved in the incident, and if necessary, with individuals who may have observed the incident or conduct or who have other relevant knowledge. The complaining employee will be notified of a decision at the conclusion of the investigation within a reasonable time from the date of the reporting of an incident.
I. 
Complaints received under this policy will generally be processed according to the following steps, subject to the discretion of the Borough on advice of counsel:
(1) 
Identification/screening: All written or verbal complaints received by any supervisory personnel are to be referred to the Borough Administrator as soon as possible unless the complaint is against the Borough Administrator (in which case the complaint should be directed to the Human Resources Coordinator or Borough Solicitor). Upon receipt, the Borough Administrator will determine if the complaint was made pursuant to the anti-harassment policy, the whistleblower policy, a grievance procedure or is another form of complaint. The Borough Administrator or investigator appointed by the Borough Administrator may interview the employee for further information. If the matter does not involve an issue under the anti-harassment policy or whistleblower policy, the employee will be informed accordingly and may be referred to an alternative process for fair resolution as suitable for the situation.
(2) 
Investigation: The Borough Administrator will seek the advice of the Borough Solicitor, Labor Counsel, and/or the Human Resources Coordinator when planning the investigation. The purpose of the investigation is to substantiate the accuracy of the allegations. The investigatory methods appropriate for the situation will vary depending on the circumstances. Consideration will also be given to whether any wrongdoing may involve or impact other individuals. While the fact-finding process is ongoing, it is important to protect the rights of both the person making the complaint and the alleged wrongdoer. If the matter involves potential criminal charges, the Borough will defer to the County Prosecutor as to issues of criminality and may, on advice of counsel, need to await the conclusion of any criminal investigation pending completion of the Borough's investigation.
(3) 
Response plan – no corrective action required: If the validity of a complaint cannot be determined or the complaint is groundless, the complaining employee should be notified. Care should be taken to avoid being too specific, confrontational or accusatory and to avoid any language that might be construed as defamatory. A general statement is usually more appropriate that the claim was thoroughly investigated but could not be sufficiently documented or confirmed to justify taking formal action. Employees making such complaints are assured that future complaints will be investigated and that the Borough is committed to eliminating wrongful employment practices when they are found to exist. If the investigation reveals that the complainant intentionally and maliciously levied false charges against the alleged wrongdoer, the complainant must be notified of the seriousness of filing a false complaint, and the appropriate disciplinary penalty under the circumstances, up to and including termination.
(4) 
Response plan – corrective action required: If the investigation reveals that the complaint is justified and substantiated, the Borough Administrator will formulate, with the advice of the Borough Solicitor, Labor Counsel, and/or Human Resources Coordinator, a corrective action plan as well as possible disciplinary action. The complaining employee will be notified that it appears that the complaint was justified and an appropriate response plan has been formulated. The response plan should provide for appropriate remedial action to prevent a recurrence of the wrongful act or behavior.