[HISTORY: Adopted by the Town Board of the
Town of Albion 11-9-1998. Amendments noted where applicable.]
The Town of Albion affirms its commitment to
equal opportunity and nondiscrimination and recognizes its responsibility
to provide for all Town employees an environment that is free of discrimination
or harassment based on sex (with or without sexual conduct), race,
color, creed, national origin, age, marital status, Vietnam era or
disabled veteran status, disability or other category protected by
law. The Town also does not tolerate any actual or attempted reprisals
or retaliation against an employee who raises a sincere and valid
concern regarding harassment or discrimination. All such discrimination,
harassment and/or retaliation is, therefore, strictly prohibited by
the Town. Anyone engaging in such conduct is subject to disciplinary
action up to and including discharge.
A.
As used in this chapter, the term "harassment" refers
to conduct relating to a person's race, color, religion, sex, age,
national origin, marital status, Vietnam era or disabled veteran status,
disability or other category protected by law.
B.
Harassment that is forbidden by this chapter can take
several forms, including but not limited to:
(1)
Sexual harassment.
(a)
This includes unwelcome sexual advances, requests
for sexual favors or other verbal or physical conduct of a sexual
nature where the individual is made to feel as if he or she must agree
to the request or submit to the advance in order to get favorable
treatment at work. Sexual harassment also includes sexually oriented
conduct and communications which unreasonably interfere with an employee's
work performance or create an intimidating, hostile or offensive environment.
(b)
This chapter protects and covers the conduct of all
employees. In other words, unwarranted sexual advances violate this
chapter even if directed at a co-worker or supervisor. While not exhaustive,
the following is a list of some examples of conduct which may constitute
sexual harassment:
[1]
Unwanted sexual advances.
[2]
Offering employment benefits in exchange for
sexual favors.
[3]
Making or threatening reprisals after a negative
response to sexual harassment.
[4]
Visual conduct such as leering, making sexual
gestures, displaying or distributing sexually suggestive objects or
pictures, cartoons or posters,
[5]
Verbal conduct such as making or using sexually
derogatory comments, epithets, slurs, or jokes.
[6]
Verbal sexual advances or propositions.
[7]
Verbal abuse of a sexual nature, graphic verbal
commentaries about an individual's body, sexually degrading words
used to describe an individual, suggestive or obscene letters, notes
or invitations.
[8]
Physical conduct such as touching (fear of unwanted
touching), assault or impeding or blocking movements.
[9]
Any act of retaliation against an individual
who reports a violation of this chapter or who participates in the
investigation of a complaint made pursuant to this chapter.
(2)
Harassment based on race, color, religion, national
origin, age, marital status, Vietnam era or disabled veteran status,
disability or other category protected by law.
(a)
Harassment based on race, color, religion, national
origin, age, marital status, Vietnam era or disabled veteran status,
disability or any other category protected by law can include any
verbal, written or physical act in which such protected categories
are used to make an employee uncomfortable at work or interferes with
an employee's ability to perform his or her job.
(b)
Harassment based on race, color, religion, national
origin, age, marital status, Vietnam era or disabled veteran status
or any other category protected by law may take many forms. While
it is impossible for the Town to provide an exhaustive list, the following
is a list of some examples of harassing behavior that the Town will
not tolerate:
[1]
Jokes that refer to race, color, religion, national
origin, age, marital status, Vietnam era or disabled veteran status,
disability or any other category protected by law.
[2]
Posting or distributing cartoons, drawings or
any other material that negatively reflects a person's race, color,
religion, national origin, age, marital status, Vietnam era or disabled
veteran status, disability or any other category protected by law.
[3]
The use of slurs or other offensive language.
[4]
Practical jokes, horseplay or teasing that makes
fun of or insults a person's race, color, religion, national origin,
disability, age marital status, Vietnam era or disabled veteran status,
disability or membership in any other category protected by law.
[5]
Any act of retaliation against an individual
who reports a violation of this chapter or who participates in the
investigation of a complaint made pursuant to this chapter.
C.
It should further be noted that some conduct, even
though consensual, may violate the harassment policy because it creates
a hostile environment for others (e.g., a third party overhearing
a joke).
A.
Any employee who believes that he or she has been
subjected to discrimination, harassment and/or retaliation shall report
all incidents of such conduct to the Town Supervisor (the Town's designated
complaint officer). If the complaint is first received by someone
other than the designated complaint officer, that person shall relay
the complaint to the complaint officer as soon as possible but no
later than seven working days. In the event that the complaint officer
is the offender, the complainant shall report his or her complaint
to the Town Clerk. All such reports will remain confidential to the
extent possible during the investigatory process.
B.
Upon receipt of an informal/formal complaint, the
Town will conduct an immediate investigation of the charges. However,
if the Town has knowledge of or has reason to know of any alleged
harassment, the Town is obligated, even in the absence of a complaint,
to investigate such conduct promptly and thoroughly.
A.
Based upon the results of the Town's investigation,
immediate and corrective action will be taken, up to and including
termination of the offender's employment in accordance with contractual
and legal guidelines. Employees are hereby placed on notice that if
an employee engages in acts which the Town determines to be acts of
sexual harassment or unlawful discrimination, such acts are outside
of the course and scope of the employee's employment. Such conduct
may result in the employee having to obtain his or her own legal counsel,
and may result in a money judgment against the employee personally
or the filing of criminal charges.
B.
The Town prohibits any retaliatory behavior directed
against complainants and/or witnesses. Any such retaliation may result
in discipline up to and including discharge. Follow-up inquiries shall
be made to ensure that the targets and/or witnesses have not suffered
retaliation.
