In addition to stating the town's anti-sexual-harassment policy, this
policy provides procedural information concerning the manner and means for
employee(s) to make complaints regarding violation of the town's policy and
to provide guidance for the handling of such complaints by the town department
heads and supervisory personnel.
This policy and procedure apply to all employees of the Town of Wallkill,
full-time and part-time. It is the responsibility of all town employees to
strictly adhere to and enforce the town's prohibition of sexual harassment
in the workplace. It is also the responsibility of supervisory personnel to
be aware of and sensitive to conditions, situations or circumstances, which,
left unresolved, could potentially rise to the level of sexual harassment
in the workplace, and to take appropriate remedial action to address any such
condition as soon as possible.
As used in this chapter, the following terms shall have the meanings
indicated:
SEXUAL HARASSMENT
A.
Unwelcome sexual advances, requests for sexual favors or other verbal
or physical conduct of a sexual nature when:
(1)
Submission to the conduct is made either explicitly or implicitly a
term or condition of an individual's employment; or
(2)
Submission to or rejection of such conduct by an individual is used
as the basis for employment decisions affecting such individual; or
(3)
The conduct has the purpose or effect of unreasonably interfering with
an affected person's work performance, or creating an intimidating, hostile
or offensive work environment.
B.
Sexual harassment refers to behavior that is not welcome, that is personally
offensive, that fails to respect the rights of others, that lowers morale
or interferes with work effectiveness. Acts of sexual harassment include:
(1)
Making unwelcome sexual advances or requests for sexual favors or other
verbal or physical conduct of a sexual nature a condition of an employee's
employment; or
(2)
Making submission to or rejection of such conduct the basis for employment
decisions affecting the employee; or
(3)
Creating an intimidating, hostile or offensive working environment by
such conduct.
C.
One specific form of harassment is the demand for sexual favors; other
forms of harassment may include:
(1)
VERBAL HARASSMENTSlurs, sexual innuendos, suggestive or derogatory comments, jokes of a sexual nature, sexual propositions and threats.
(2)
NONVERBAL HARASSMENTAbusive written language, showing or displaying pornographic or sexually explicit objects or pictures, graphic commentaries, leering, whistling or obscene gestures in the workplace.
(3)
PHYSICAL HARASSMENTUnwanted physical contact, including touching, pinching, persistent brushing against the body, coerced sexual intercourse, assault.
Employees are reminded that a charge of discriminatory conduct covered
by this policy and procedure may be filed with the Town of Wallkill Human
Rights Commission, the New York State Human Rights Commission or the federal
Equal Employment Opportunity Commission. Such charge may be filed regardless
of whether the employee has utilized the complaint and investigation procedure
stated in the policy and procedure. There are time limits that apply to the
filing of a charge with either administrative agency, and those time limits
apply whether or not the employee files a complaint under this policy and
procedure. Employees are advised to consult with an attorney or directly with
either administrative agency regarding the agency procedure and applicable
time limits.
Employees having any questions concerning the town's strict prohibition
against sexual harassment in the workplace or the procedures described in
this policy are encouraged to direct any such questions to the Town Supervisor.