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.
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
[3] 
Deputy Town Manager; or
[4] 
Town Manager.
(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.
A. 
The Town of Simsbury strives to create a work environment that promotes job satisfaction, civility, responsibility, integrity, and value for all employees. As such, everyone shares in the responsibility of improving the quality of the work environment. While it is impossible to list everything that could be considered misconduct in the workplace, what is outlined here is a list of common-sense infractions that could result in discipline, up to and including immediate termination of employment. This policy is not intended to limit the Town's right to discipline or discharge employees for any reason permitted by law.
B. 
Examples of inappropriate conduct include:
(1) 
Violation of the policies and procedures set forth in these rules and regulations.
(2) 
Possessing, using, distributing, selling, or negotiating the sale of illegal drugs or other controlled substances.
(3) 
Being under the influence of alcohol or illegal drugs during working hours or on Town property (including in Town vehicles).
(4) 
Inaccurate reporting of the hours worked by you or any other employees.
(5) 
Intentionally providing inaccurate, incomplete, or misleading information when speaking on behalf of the Town or in the preparation of any employment-related documents, including, but not limited to, job applications and personnel files.
(6) 
Taking or destroying Town property.
(7) 
Possession of potentially hazardous or dangerous property such as firearms, weapons, chemicals, etc., without prior authorization.
(8) 
Fighting with, or harassment of, any fellow employee, vendor, or member of the public.
(9) 
Gossiping, spreading of misinformation, or disclosing sensitive information.
(10) 
Disclosure of confidential information.
(11) 
Refusal or failure to follow directions or to perform a requested or required job task.
(12) 
Refusal or failure to follow safety rules and procedures.
(13) 
Excessive tardiness or absences.
(14) 
Smoking in nondesignated areas.
(15) 
Working unauthorized overtime.
(16) 
Inappropriate attire.
(17) 
Use of obscene or harassing language in the workplace.
(18) 
Outside employment that interferes with your ability to perform your job.
(19) 
Gambling on Town premises or during work time.
(20) 
Lending passcodes, keys, or keycards to Town property to unauthorized persons.
(21) 
Sleeping during work hours.
(22) 
Illegal activity on social media.
(23) 
Inappropriate use of Town time and property/resources.
A. 
The Town of Simsbury is committed to providing equal employment opportunities to qualified individuals with disabilities and sincerely held religious beliefs, as well as employees who are pregnant. Consistent with this commitment, the Town will provide reasonable accommodation to otherwise qualified individuals where appropriate to enable the individual to perform the essential functions of the job, unless doing so would create an undue hardship on the business. If an employee requires an accommodation because of a disability or their religious beliefs, or because the employee is pregnant, the employee must notify their Supervisor and provide relevant information such as:
(1) 
A description of the proposed accommodation.
(2) 
The reason you need an accommodation.
(3) 
How the accommodation will help them perform the essential functions of their job.
B. 
After receiving the request, the Town will engage in a dialogue with the employee to explore the employee's needs and explore potential reasonable accommodations that could enable the employee to perform their job. Where appropriate, additional information may be needed from the employee's medical provider to assess the request. All medical information received in connection with a request for accommodation will be treated as confidential.
C. 
Employees are encouraged to suggest specific reasonable accommodations that they believe would allow them to perform their job. However, the Town is not required to make the specific accommodation requested by an employee and may provide an alternative accommodation, to the extent any reasonable accommodation can be made without imposing an undue hardship on the Town.
D. 
If leave is provided as a reasonable accommodation, such leave may run concurrently with leave under the Family and Medical Leave Act[1] and/or any other leave where permitted by law.
[1]
Editor's Note: See 29 U.S.C. § 2601 et seq.
E. 
The Town will not tolerate any retaliation against staff for requesting an accommodation.
A. 
Employees are entitled to work in a safe work environment. The Town of Simsbury prohibits all forms of aggression, including physical and/or verbal threats, bullying, assaults, or other forms of intimidation, by employees, elected officials, volunteers, visitors or anyone else on the Town's premises or at Town functions.
B. 
Town premises are a gun-free and weapon-free zone. Except for sworn law enforcement officers, no one is permitted to possess weapons of any sort, e.g., guns, knives (except for small pocket knives), metal knuckles, etc., on Town premises. This policy does not prohibit individuals from carrying legal, nonlethal defense spray, such as pepper spray.
C. 
All Town personnel are responsible for notifying a supervisor or the Town Manager's Office of any threats that they have witnessed, received, or have been told that another person has witnessed or received. Even without an actual threat, personnel should also report any behavior they have witnessed which they regard as threatening or violent when that behavior is job related or might be carried out on a Town site or is connected to Town employment. Employees are responsible for making this report regardless of the relationship between the individual who initiated the threat or threatening behavior and the person or persons who were threatened or were the focus of the threatening behavior. Any supervisor who becomes aware of threatening behavior must immediately notify the Town Manager. Any employee who reports unlawful workplace threats or violence or cooperates in the investigation of a complaint will be protected from retaliatory action.
D. 
Violations of this policy may result in criminal prosecution, being banned from Town property, and/or employee discipline up to and including dismissal.
A. 
The Town of Simsbury will provide nursing mothers reasonable unpaid break time to express milk for their infant child(ren) for up to one year following the child's birth. Employees will be provided with a private room or other location to express milk. The room will be clearly designated and either have a lock or a sign on the door to indicate when the room is in use. Expressed milk can be stored in Town refrigerators or in a personal cooler. Expressed milk should be sufficiently marked or labeled to avoid confusion for other employees who may share the refrigerator.
B. 
The break time must, if possible, run concurrently with any break time already provided. Employees are encouraged to discuss the length and frequency of these breaks with their Supervisor.