It is the policy of the Town to provide equal employment opportunities
to all applicants and employees regardless of race, color, religion,
creed, sex, age, national origin, marital status, handicap, ancestry,
sexual orientation, physical disability, mental disability or any
other legally protected characteristics, except in the case of a bona
fide occupational quality or need, and to treat applicants and employees
in a nondiscriminatory fashion as required by law. This policy applies
to all areas of employment, including recruitment, hiring, training
and development, promotion, transfer, termination, layoff, compensation,
and all other conditions and privileges of employment in accordance
with applicable federal, state, and local laws.
The Town of Simsbury strives to provide a workplace environment
that is safe and free of all forms of unlawful discrimination or harassment.
A. "Harassment" is unwarranted and unwanted verbal or nonverbal conduct
that threatens, intimidates, or unduly aggravates or insults another
person based upon a legally protected classification, where such conduct
has the purpose or effect of creating an offensive, intimidating,
degrading or hostile environment or interferes with or adversely affects
a person's work performance. Harassment does not, however, include
the conduct or actions of supervisors intended to provide employee
discipline, performance feedback/evaluations, instruction or other
supervisory actions intended to promote positive performance and/or
discourage negative behavior or performance.
B. "Sexual harassment" is a form of sex discrimination, and includes
any unwelcome sexual advance, request for sexual favors, or other
verbal or physical conduct of a sexual nature where:
(1)
Submission to such conduct is made either explicitly or implicitly
a term or condition of a person's employment;
(2)
Submission to or rejection of such conduct by an individual
is used as the basis for an employment decision affecting the person;
or
(3)
Such conduct interferes with a person's work performance
or creates an intimidating, hostile or offensive working environment.
Please note, harassment can involve people of the same or the
opposite gender.
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C. Examples of harassment. While it is not possible to list all conduct
that may constitute harassment, the following are some examples of
conduct which, if unwelcome, may constitute harassment depending on
the totality of the circumstances, including the severity of the conduct
and its pervasiveness:
(1)
Examples of other forms of unlawful harassment.
(a)
Jokes/mocking about ethnicity, religious beliefs or practices,
accents, disability, age other legally protected traits;
(b)
Referring to others by a nickname that refers to some protected
characteristic of the person;
(c)
Unwanted questions or comments pertaining to any aspect of an
employee's person or personal life with regard to some protected
characteristic.
(2)
Examples of sexual harassment.
(a)
Sexual advances and explicit sexual proposals;
(b)
Demands for sexual favors in exchange for favorable treatment
or continued employment;
(c)
Suggestive comments, sexually oriented teasing or practical
jokes;
(d)
Obscene body language or gestures;
(e)
Display of printed or visual material that is sexual in nature;
(f)
Sending or viewing jokes, pictures or other information by email
or the internet where the information is sexually explicit, or where
it ridicules a person's gender, sexual orientation, or gender
identification/expression;
(g)
Physical contact, such as touching, patting, pinching or brushing
against another's body;
(h)
Discussion of or inquires about a person's sexual activities.
D. Reporting harassment.
(1)
Victims of harassment.
(a)
If an employee is harassed, they should clearly and promptly
tell the offender that they want them to stop the behavior. If the
employee does not wish to address the offender directly or if they
are not successful in ending the harassment, the employee should immediately
report the harassment to any one of the following people:
[1] Employee's supervisor, manager, or department
head; or
[2] Human Resources Coordinator; or
(b)
If an employee believes they are being harassed by any person
identified in the reporting above structure, they should report the
alleged behavior to another person in the reporting structure.
(c)
Reports of alleged harassment against the Town Manager should
be directed to Human Resources or Deputy Town Manager; Human Resources
or Deputy Town Manager will then notify the Personnel Subcommittee
promptly.
(2)
Employees who witness harassment. Any employee who witnesses
harassment or becomes aware that another employee has been subjected
to prohibited harassment is urged to immediately report the conduct
to one of the individuals listed above.
(a)
If the employee has reason to believe that any person identified
in the reporting above structure may be engaging in unlawful harassment,
they should report the alleged behavior to another person in the reporting
structure.
(3)
Supervisors and managers. Any supervisor or manager who receives
a complaint about harassment, retaliation or who believes that someone
is engaging in conduct that may be prohibited must immediately report
it to the Human Resources Coordinator, Town Manager or Deputy Town
Manager. Ignoring such conduct is not acceptable and may subject the
supervisor or manager to disciplinary action and legal liability.
(4)
Any employee who believes that he or she has been harassed in
the workplace in violation of this policy may also file a complaint
with the Connecticut Commission on Human Rights and Opportunities
(CHRO), Capitol Region Office, 450 Columbus Boulevard, Hartford, CT
06031 (telephone number 860-566-7710; TDD number 860-566-7710), and/or
the Equal Employment Opportunity Commission (EEOC), Boston Area Office,
15 Sudbury Street, Room 475, Boston, MA 02208 (telephone number 617-865-3676;
TDD number 617-565-3196).
(5)
State and federal law requires that a formal written complaint
be filed with the CHRO or EEOC within 300 days of the date when the
alleged harassment occurred. Remedies for sexual harassment include
cease-and-desist orders, back pay, compensatory damages, hiring, promotion
or reinstatement.
(6)
Report disrespectful, inappropriate conduct. Employees are entitled
to be treated in a civil manner and to work in a safe environment.
Even though conduct may not constitute unlawful harassment, it may
be inappropriate for the workplace and unacceptable. Employees should
report such conduct utilizing the reporting procedure outlined above.
(7)
No retaliation. The Town strictly forbids retaliation against
employees who report harassment in good faith or who participate in
internal or external investigations of harassment. The Town will not
engage in any such retaliation nor will it permit employees to do
so. The Town will not tolerate retaliatory citizen behavior/actions
towards employees who have reported harassment or participated in
a harassment investigation. All employees shall report all instances
of retaliation to one of the individuals listed above.
(8)
Investigating complaints. The Town's policy is to take
all complaints and reports of harassment seriously. All complaints
and reports will be investigated promptly, impartially and discreetly.
Once a complaint is received, an investigation will be undertaken
promptly and all necessary steps taken to resolve the problem. Employees
have a duty and are obligated to participate in investigations when
requested. Where investigation confirms that harassment has occurred,
the Town will take corrective action as appropriate. Discipline up
to and including discharge from Town service, banning from Town facilities
or property, or legal action may be implemented by the Town. In all
cases, including those in which a harassment complaint is made against
someone who is not a Town official or employee, every effort will
be made to ensure that the harassment is eliminated.
(9)
False reports. If the Town determines that a false complaint
was made under this policy, disciplinary action may be imposed.