[HISTORY: Adopted by the Town Board of the Town of Marilla as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Defense and indemnification — See Ch. 22.
Code of Ethics — See Ch. 36.
Residency requirements — See Ch. 130.
[Adopted 3-11-1999 by L.L. No. 2-1999 (Ch. 41, Art. I, of the 1999 Code)]
A. 
The Town of Marilla is committed to the maximum utilization of its employees' abilities and to the principles of equal employment opportunity. The opportunities afforded throughout the organization are available equally to all. Applicants and employees are evaluated on the basis of job qualifications, not race, color, religion, sex or sexual orientation, national origin, age, disability that does not prevent one from performing the essential functions of the job, veteran status, citizenship or any other characteristic covered by federal, state or local law.
B. 
Equal employment opportunity takes place in all employment practices, hiring, promotion, demotion, transfer, recruitment, termination, rates of pay or other forms of compensation and selection for training. Every employee has access to organization-sponsored educational training and recreational activities.
C. 
The organization provides every employee with a working environment free from harassment. Individually and collectively, we share the responsibility for understanding the great importance of such simple, taken-for-granted things as a pleasant work environment and for assuring that every employee is welcomed, accepted and rewarded according to his or her contribution to the attainment of our goals and objectives.
A. 
It is the Town of Marilla's policy to prohibit harassment of employees and prospective employees on the basis of sex. All members of management are responsible for the effective administration of this policy.
B. 
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 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 a basis for employment decisions affecting the individual; or
(3) 
Such conduct has the purpose or effect of interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment.
C. 
All forms of sexual harassment are prohibited whether verbal, nonverbal or physical.
D. 
Sexual harassment includes, but is not limited to, repeated offensive sexual flirtations, advances or propositions, continued or repeated commentaries about an individual's body, offensive sexual language and the display in the workplace of sexually suggestive pictures or objects.
E. 
Employees who believe they have been sexually harassed should follow the steps outlined in the problem solving procedure described in the following section.
A. 
A goal of the organization's management is to treat employees fairly and equally. We encourage employees to make management aware of their concerns. Complaints and disagreements should be dealt with promptly and as near the point of origin as possible. Under no circumstances will an employee be penalized for presenting a complaint to management or Human Resources. It is organization policy that all employees have a right to work in an environment free of discrimination, which includes freedom from sexual or any other form of harassment.
B. 
If an employee feels discriminated against or sexually harassed (both of which are against organization policy), the organization urges the employee to report it immediately to his or her supervisor. If for some reason the supervisor is not available or the employee does not feel comfortable talking to the supervisor, the employee should talk to his or her department head. If the employee likewise feels uncomfortable talking to the department head, the organization urges the employee to contact the Human Resources Department or the Law Department. The organization will make every effort to resolve the complaint and protect the confidence of the employee. In addition, the organization guarantees that the employee will not suffer retaliation for initiating investigations or lodging complaints.
C. 
If wrongdoing is established, appropriate corrective action will be taken. This corrective action can include discipline up to and including termination of an employee whose actions have been contrary to the organization's policies.
D. 
If the matter is not resolved to the employee's satisfaction, the employee should contact the Director of Human Resources.
An employee may have questions or concerns about his or her job or the interpretation of organization policies. The following procedure has been established to ensure that these issues are promptly and fairly reviewed.
A. 
If an employee has a question or a concern, he or she should discuss it with his or her immediate supervisor. If the employee's supervisor is unable to resolve the issue to his or her satisfaction, the employee may approach the next higher level of management.
B. 
However, if the nature of the employee's concern is such that he or she would rather speak directly to someone at another level in management or to a Human Resources representative, he or she may, of course, do so.