[Adopted 5-10-1993; amended 11-22-1993]
The Town of West Seneca is committed to offering
employment opportunity based on ability and performance, in a productive
climate, free of discrimination. Accordingly, harassment of any kind
by department heads, supervisors or co-workers will not be tolerated.
In addition, the Town of West Seneca will endeavor to protect employees,
to the extent possible, from reported harassment by nonemployees in
the workplace by nonemployees.
A.
Consistent with Equal Employment Opportunity Commission
guidelines, "harassment" is defined as verbal or physical conduct
which denigrates or shows hostility or aversion to an individual because
of his or her race, color, religion, gender, national origin, age,
disability, political affiliation, physical appearance, marital status
or veteran status or that of his or her relatives, friends or associates
and which:
B.
Harassing conduct includes, but is not limited to,
the following:
(1)
Epithets, slurs, negative stereotyping or threatening,
intimidating or hostile acts (even if claimed to be jokes or pranks)
which relate to race, color, religion, gender, national origin, age,
disability, political affiliation, physical appearance, marital status
or veteran status; and
(2)
Written or graphic material which denigrates or shows
hostility or aversion toward an individual or group because of race,
color, religion, gender, national origin, age, disability, political
affiliation, physical appearance, marital status or veteran status
and is displayed or circulated in the workplace.
C.
Any harassment of town employees in violation of the
foregoing rules is absolutely prohibited and will not be tolerated.
A.
The equal Employment Opportunity Commission has separate
guidelines dealing with unlawful sexual harassment, which is defined
as follows: unwelcome sexual advances, requests for sexual favors
and other verbal or physical conduct of a sexual nature constitute
sexual 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 employment decisions 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.
For example, the following kinds of behavior, or others
with a similar harassing effect, are absolutely prohibited:
(1)
Abusing an employee through insulting or degrading
sexual remarks, jokes, innuendos or other sexually oriented conduct
(including, among other things, graphic or descriptive comments relating
to an individual's body or physical appearance, sexually oriented
teasing or pranks, improper suggestions, objects or pictures or unwanted
physical contact); or
(2)
Threats, demands or suggestions that an employee's
work status depends in any way upon tolerating or accepting sexual
advances or sexually oriented conduct.
Retaliation against employees for exercising
their rights under this policy is also strictly prohibited and will
not be tolerated. This would include retaliation against employees
for inquiring about their rights or for making honest complaint of
a violation or possible violation or for truthfully assisting in a
complaint investigation.
A.
All employees and employment applicants are encouraged
to promptly report any conduct that they are subject to or that they
witness which violates this policy. If the town does not know about
the conduct, it cannot take responsive action.
B.
Complaints or inquiries may be made confidentially
to the person designated by the Town Board as the Compliance Officer
under this policy. Alternatively, you may discuss the matter with
the head of your bargaining unit or your department head or supervisor
or the Town Supervisor; that individual will then bring complaints
to the attention of the Compliance Officer. Complaints will be kept
confidential to the greatest extent practicable, consistent with the
need to conduct an adequate investigation.
C.
After initially ascertaining the details, the Compliance
Officer will investigate the matter as discreetly as possible, coordinating
with appropriate supervisory personnel and/or the Town Board as may
be needed for determining the proper action to be taken. Any employee
who is determined after an impartial investigation to have committed
harassment or retaliation in violation of this policy will be subjected
to appropriate disciplinary measures up to and including termination.
