[Adopted 7-25-2000 by Ord. No. O-22-2000]
As used in this article, the following terms shall have the meanings indicated:
SEXUAL HARASSMENT
Currently defined in the Equal Employment Opportunity Commission's Guideline (29 CFR 1604.1) as unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when:
A. 
Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment;
B. 
Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual (i.e., promotion or evaluation); or
C. 
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, including but not limited to:
(1) 
GENDER HARASSMENTGeneralized gender-based remarks and behavior (i.e., women to men, men to women, women to women, men to men, etc.).
(2) 
SEDUCTIVE BEHAVIORInappropriate, unwanted, offensive physical or verbal sexual advances.
(3) 
SEXUAL BRIBERYSolicitation of sexual activity or other sex-linked behavior by promise of reward.
(4) 
SEXUAL COERCIONCoercion of sexual activity by threat of punishment.
(5) 
SEXUAL ASSAULTGross sexual imposition like touching, fondling or grabbing or assault.
A. 
Quid pro quo sexual harassment ("this for that"). This type of sexual harassment occurs when a supervisor or someone else with authority over the subordinate employee makes a "put out or get out" demand (i.e., "submit to my sexual requests or you will be fired, demoted, intimidated, passed over for promotion" or in some other way made miserable on the job.)
B. 
Hostile environment sexual harassment.
(1) 
This type, while not necessarily sexual in nature, occurs when the sexually or gender-based conduct (words or deeds) of a supervisor, co-worker or someone else with whom the employee comes into contact with on the job unreasonably interferes with an employee's work performance or creates an intimidating, hostile or offensive working environment. This conduct does not need to be directed to a particular person, or any person at all.
(2) 
A sexually hostile work environment is determined on a case-by-case analysis, but it can be created by discussing sexual activities, unnecessary touching, commenting on physical attributes, displaying sexually suggestive pictures, using demeaning or inappropriate terms (including, but not limited to, "dear," "honey," "girlie," "cutie," etc.), using unseemly gestures, ostracizing workers of one gender by those of the other, granting favors to those who participate in consensual sexual activity or using crude or offensive language. (Those cases falling under Subsection C of the definition of "sexual harassment" in § 65-70 above demonstrate hostile environment sexual harassment.)
(3) 
In essence, the conduct is sexual harassment when:
(a) 
It would not have occurred but for the employee's sex.
(b) 
The conduct is severe or pervasive enough to make the conditions of employment and/or working environment hostile or abusive.
C. 
Third party sexual harassment claims.
(1) 
In addition, there are third-party sexual harassment claims, which have been upheld by the courts, involving a person or persons not directly harassed, but employed in a situation where acts or harassment affect conditions of employment. A third-party claim based on underlying quid pro quo harassment occurs when:
(a) 
An employee may be able to claim that he or she was denied job benefits as an implicit quid pro quo that had become a general condition of employment.
(b) 
An employee may be able to claim that he or she was denied job benefits based on the unlawful sex-based coercion of the favored employee.
(2) 
A third party hostile environment claim based on the underlying harassment occurs when an employee may be able to claim that conduct, directed at another employee, is sufficiently severe or pervasive to alter the conditions of his or her employment and create a hostile working environment.
(3) 
Under the two types of claims stated above (quid pro quo and hostile environment), sexual harassment may take different forms. One specific form is the demand for sexual favors. Other forms of harassment include, but are not limited to:
(a) 
Verbal sexual harassment: sexual innuendoes, unwelcome derogatory comments or suggestive slurs of a sexual nature about an individual's body, appearance or dress, questions about his or her sexual activity, sexually suggestive jokes, threats and unwelcome persistent requests for dates or to have sex.
(b) 
Nonverbal (visual) sexual harassment: leering and ogling, whistling, suggestive or insulting sounds, sexual gestures with hands or through body movements, publicly visible or accessible sexually explicit or sexually derogatory objects, pictures, posters or cartoons, sexually explicit or sexually derogatory magazines kept in the office or on a site or work setting away from the office which is regulated by the Township.
(c) 
Physical sexual harassment: assault, rape, impeding or blocking movement or any other unwelcome physical contact of a sexual nature such as pinching, fondling, hugging, massaging, pushing, brushing or rubbing against the individual's body.
Any employee who has reason to believe that he/she has been subjected to sexual harassment or who witnesses acts of sexual harassment committed upon others is urged to report the incident to or directly file a complaint with the Business Administrator. The employee will have 30 working days from the date of the last action complained of to initiate the complaint. Receipt of information, whether formal or informal, will constitute a complaint and will be investigated to ensure that the rights of any person or work environment is protected from any sexual harassment.
A. 
There are various ways in which employees may file discrimination complaints, including sexual harassment, either concurrently or sequentially, as follows:
(1) 
Discuss the matter with your immediate supervisor and indicate that you want corrective action to be taken. However, if you are uncomfortable with this party for whatever reason, or if the complaint involved discrimination/harassment by the supervisor, you may bypass this step and follow another option.
(2) 
If the employee and/or the Union is not satisfied with the results of the discussion with the immediate supervisor, as set forth above, or if Subsection A(1) is bypassed, the employee and/or the Union may contact the Business Administrator and/or designee by verbal or written complaining. (If the filing of the complaint is made orally, the person receiving the complaint shall reduce the same to a writing which shall, if it is deemed accurate, be signed by the complainant.) The complainant shall include the following information:
(a) 
Date(s) and approximate times of all alleged occurrence(s).
(b) 
Identities of all parties involved.
(c) 
Location(s) of all incident(s).
(d) 
Specific acts of all alleged sexual harassment which occurred.
(e) 
Names of all witnesses, if any, and all persons with relevant knowledge or information and a summary of the same.
B. 
In every case, all complaints of sexual harassment will be taken seriously and investigated discreetly, impartially, thoroughly and promptly. Investigations will vary from case to case, depending on a variety of circumstances, but the internal investigation will aim to protect the reputations of both the alleged harasser and the complainant. The Union shall have the right to represent any employee requesting representation, but individual employees shall also have the right to elect to represent themselves. Complaints, once made, whether formally or informally, may not be withdrawn, and the complaining party shall cooperate fully in the investigation of a claim. The failure or refusal to cooperate fully in an investigation may result in the dismissal of a claim. All complaints and subsequent investigations will be kept completely confidential.
A. 
The Business Administrator, upon receipt of a complaint, either himself or with the assistance of the Township Solicitor, shall conduct one or more interviews with the complainant as the Business Administrator deems necessary in order to fully investigate and evaluate all claims in this matter. The complainant shall be advised that all information contained in the complaint shall be treated confidentially but will be used for investigation purposes and will result in the person charged and apparent or possible witnesses being questioned in the matter, which may cause them to become aware of the matter. All such persons will be instructed that the interview, investigation and disposition are confidential. The person(s) charged shall receive notice of the complaint. Neither the accuser, the accused nor any witnesses shall be permitted to have their counsel participate in an investigation or attend any interview if they have counsel. Interviews may be done informally or may be recorded or taken under oath at the exclusive discretion of the Business Administrator. If an accused, accuser or witness is represented by counsel, his/her counsel shall not interfere in any interviews of the client or of anyone else by the Business Administrator, which shall take place in the office of the Business Administrator, and may be attended by the Township Solicitor or a designee. Any failure or refusal of the accused to cooperate fully with the investigation may be deemed an admission of the charges and may result in discipline up to and including termination. Full cooperation of the complainant, the accused and all employees is required and includes, but is not limited to, giving true, complete and fully responsive oral and written statements to the Business Administrator and his designee, being available for multiple interviews on an as-needed basis and producing complete and true copies of all relevant documents.
B. 
After interviewing the complainant, the Business Administrator shall conduct a confidential investigation on the allegations contained in the complaint. The Business Administrator, with the assistance of the Township Solicitor if requested, shall have the authority to interview all appropriate persons having any knowledge of information relating to the allegation(s). The Business Administrator may request the assistance of the Township Solicitor anytime during the investigation through submission of an investigative report and any recommendations that the matter might involve.
C. 
The investigation shall be completed as promptly as possible within a period of 30 working days from the receipt of the complaint, circumstances permitting, but in no event shall exceed 45 working days. A confidential written report shall be prepared and submitted to the Mayor, Township Solicitor and the Personnel Officer. Nothing herein shall preclude the issuance of a preliminary notice of disciplinary action.
D. 
Within no more than 10 working days from the parties being informed by the Personnel Officer of the issuance of the Business Administrator's written report, either the complainant or charged party may make a written demand to the Business Administrator for a disciplinary hearing, in lieu of a determination based on the report, which hearing shall be commenced as soon as possible within no more than 10 working days from receipt of the request. At the hearing, the parties thereto shall be entitled to proceed with counsel. The final determination by the Business Administrator or his/her designee shall be made within 10 working days after the completion of the hearing or the review of the report. Nothing in this section shall prevent the complainant or party charged from providing other information or documents that he/she believes is essential to the fair decision of the case.
E. 
The decision of the Business Administrator or his/her designee shall be conveyed confidentially, in writing, to the complainant and/or the Union and the charged party, who shall treat such information confidentially.
F. 
Upon finding that sexual harassment has occurred, the Business Administrator shall cause disciplinary action to be taken commensurate with the degree of misconduct. Any disciplinary action taken against any employee shall be in accordance with any collective bargaining agreement and/or rules and regulations of the New Jersey Department of Personnel.
G. 
Upon completion of the investigation, the entire file shall be kept confidential by the Personnel Office in a location separate from all other personnel records and/or files.
H. 
Following the decision of the Business Administrator or his/her designee, a complainant may then continue further action at his/her own expense. This may include:
(1) 
Filing a formal complaint with the court.
(2) 
Filing a formal complaint with the appropriate state and federal agencies.
A. 
In order to ensure the integrity of the work environment, supervisory personnel are required to ensure adherence to and compliance with this policy, and upon being informed of possible sexual harassment, are required to take appropriate immediate action in response, including but not limited to informing employees of their right to file a complaint with the Business Administrator and/or his designee, and taking any possible preliminary action designed to protect the interest of the accuser, the accused and the Township, without the same being any admission of wrongdoing or liability by any party.
B. 
Employees are encouraged, whether directly or through a third party, to notify the alleged harasser that the behavior in question is offensive and unwelcome. At the very least, employees should refuse to participate in such behavior.
C. 
Employees are encouraged to promptly report all alleged incidents of sexual harassment.
To the extent possible, the sexual harassment investigative proceedings will be conducted in a manner to protect the confidentiality of the complainant, the alleged harasser, all witnesses and any other persons involved. All parties involved in the proceedings will be advised to maintain strict confidentiality, from the initial meeting to the final decision, to safeguard the privacy and reputations of all involved.
Retaliation in any job-related adverse action taken against an individual because of the filing of a good-faith sexual harassment complaint is a violation of this policy.
A. 
All complaints will be investigated and subject to discipline when deemed appropriate by the Business Administrator.
B. 
A finding of no probable cause, as a result of an investigation, does not necessarily establish that an accusation is false. However, this policy shall not be used to intentionally bring frivolous or malicious charges against any employee.
A. 
Unclassified employees. Remedial action for employees/volunteers found in violation of this policy may be progressive in nature and include, but is not limited to, the following:
(1) 
An apology and unclassified direction to cease the offensive behavior.
(2) 
Referral to counseling.
(3) 
Oral or written reprimand.
(4) 
Reassignment or change of work schedule to minimize contact between parties.
(5) 
Demotion.
(6) 
Suspension (with or without pay).
(7) 
Termination.
(8) 
Referral to criminal justice system for possible violation.
(9) 
Any other remedy the Township determines to be appropriate.
B. 
Classified employees. All of the above is applicable along with any other disciplinary action allowable according to NJDOP rules and regulations and/or existing collective bargaining unit agreements.
C. 
All remedies shall be implemented in a timely manner, and a summary of the complaint and the action taken shall be furnished to the parties by the Business Administrator and his/her designee. Where harassment has been found to have occurred, a summary will be placed in the harasser's personnel file. The Township shall keep a record of all proceedings in a separate, confidential file.
It will be the responsibility of the Business Administrator and/or his designee to receive and collect data regarding complaints filed under this policy. It shall be maintained under lock and key separate from all other employee personnel files.
Nonemployees of the municipality, including but not limited to those interacting with Township employees as vendors of goods and services, independent contractors, substitute or temporary workers or fill-ins, subject to state and/or federal laws against sexual harassment shall also be subject to each and every term of this policy to the fullest extent possible, should it be alleged by a complainant that they committed an act or conducted themselves in such a way as to commit an offense of sexual harassment in the course of providing a Township service or a Township-sponsored activity.
A. 
All management and supervisory employees of the Township, as well as all elected officials of the Township, shall undergo training, in one or more sessions, on sexual harassment in the workplace with a person trained to lead or implement such training.
B. 
They shall also receive training or updated materials on an on-going basis, at least once every year, in order to provide or discuss any significant changes or developments in the law and/or to operate as a refresher on the subject.
C. 
All other employees of the Township shall also undergo similar training, led by a person trained to lead such sessions, to raise awareness and understanding of impermissible behavior the consequences of such behavior, and to reduce the confusion about which actions or conduct are acceptable and which are not. These employees shall also be required to undergo this training once a year with regular updates thereafter.
A. 
The distribution of this policy shall consist of:
(1) 
Posting this policy, together with any necessary signage, in a prominent location within all of the Township's buildings and in each department, division or agency located outside a Township-owned building.
(2) 
Distribution to all current Township employees and volunteers.
(3) 
Distribution to all persons hired as Township employees or volunteers subsequent to the effective date of this policy.
(4) 
Issue an annual memorandum to update all municipal employees concerning the policy of the Township of Monroe against sexual harassment.
(5) 
Discuss the policy against sexual harassment during any employee orientation meetings, seminars or training sessions held subsequent to the effective date of this policy.
B. 
The Personnel Officer shall ensure that a copy of this policy is circulated to all of the above and that all employees/volunteers are aware of the sexual harassment reporting procedures.
A. 
Since a charge of sexual harassment is a grave and serious one, false accusations of sexual harassment are, and will be treated as, a disciplinary offense and shall result in a level of punishment appropriate for a person actually engaging in such behavior, and may result in termination.
B. 
A person who knowingly and/or recklessly and/or maliciously fails to give a complete and fully truthful and responsive statement to a complaint or investigation, or withholds disclosing relevant information, or encourages others to do so, may be deemed to have made a false accusation or statement and may be subject to discipline up to and including termination.
A. 
The Township of Monroe is committed to maintaining a heightened awareness of the personal dignity of others by fostering a work environment free of sexual harassment.
B. 
This policy shall not be construed as abrogating any rights or remedies established under the laws, rules or regulations of New Jersey or the United States.
If any employee fails to follow the Township's policies and procedures for the filing and handling of sexual harassment claims as set forth herein, and the employee or their representative, heir or spouse thereafter institutes an administrative or legal action against the Township or any officer, agent or employee thereof, he or she shall have the right to assert as the law permits, the employee's failure to exhaust his or her administrative remedies as a defense to the action.