[HISTORY: Adopted by the Mayor and Council of the Borough of Bradley Beach by Ord. No. 1995-02 (Ch. XXVII of the 1974 Code). Amendments noted where applicable.]
Sexual harassment is against the laws of the State of New Jersey and against the policies of the Borough of Bradley Beach. Sexual harassment may cause economic, physical and/or emotional hardship, and may cause a disruptive work environment. It is a major goal of the Borough of Bradley Beach to maintain a workplace free from hostile or offensive conduct. The within policy is adopted to insure that this goal is achieved and that those who violate this policy are properly addressed and penalized.
As used in this chapter, the following terms shall have the meanings indicated:
- Any act or omission which is a reprisal against an individual because he or she failed to condone the behavior of the accused, or a reprisal against an individual because charges have been brought against the accused. Actions taken against persons other than the complainant may also constitute retaliation. Any retaliation taken against another individual shall also result in penalties.
- SEXUAL DISCRIMINATION
- Any act, whether verbal or physical, by any officer or employee of the Borough of Bradley Beach which is unlawful and/or unjust to another officer or employee. Discriminatory acts are those based upon sex of their victim and include, but are not limited to, those which refuse, withhold, infringe upon and/or altogether deny the employee rights, compensation, conditions, advantages, and/or privileges of employment.
- SEXUAL HARASSMENT
- Any deliberate act, whether verbal or physical, by any officer or employee of the Borough of Bradley Beach which intends to annoy, threaten or make demands upon another officer or employee due to his or her sex. Harassment includes, but is not limited to, touching, teasing, nagging, insulting and/or taunting, in order to cause the individual worry, distress, anxiety and/or fear. There need not be overt physical contact to constitute harassment.
- UNLAWFUL CONDUCT
- Results when submission to the harassment, discrimination or retaliation is made a term or condition of employment, when submission to or rejection of such conduct is used as a basis for employment decisions affecting the individual, or when the conduct unreasonably interferes with the individual's performance or creates an intimidating, hostile or offensive work environment.
Any act of sexual discrimination or retaliation as defined herein is strictly prohibited.
Any person who feels he or she has been victimized by sexual discrimination, sexual harassment or retaliation may file a written or oral report with his or her department head, the department head of the accused or, when necessary, the Municipal Clerk. It shall be deemed necessary to file a report with the Municipal Clerk when there are valid grounds to believe it is in the best interest of those involved to avoid reporting to the department head. Any oral complaint given must be recorded in writing by the individual receiving the complaint.
An objective investigator shall be appointed by the Municipal Clerk to determine the validity of any complaint. The investigation shall be completed in a reasonable amount of time to resolve the issue and minimize the effects of such investigation on the parties involved. Upon conclusion of the investigation, a written report shall be confidentially filed with the Municipal Clerk regardless of whether the investigation indicates guilt, innocence or proves to be inconclusive. All efforts will be made to protect the identity of the complainant; however, anonymity cannot be fully guaranteed due to the nature of this type of conduct and the right of the accused to know his or her accuser.
It shall not be required that the sexual harassment or sexual discrimination take place on Borough property during regular work hours for a complaint to be filed and an investigation to take place.
Once an investigation has been completed, the matter will be directed to the appropriate department for handling consistent with Borough personnel policy and guidelines. In the event the investigation indicates potential criminal conduct, the appropriate law enforcement officials shall be immediately notified for appropriate action.
Penalties imposed against any individual found guilty of violating the provisions herein shall be done so in accordance with the provisions of law and applicable Borough policies.