[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.
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.
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.
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.
A.
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.
B.
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.
