[HISTORY: Adopted by the Town Board of the Town of Wallkill 3-8-2001.
Amendments noted where applicable.]
A.
It is the policy of the Town of Wallkill to provide its
employees with a work environment that is free from all forms of sexual harassment
in the workplace.
B.
No employee, male or female, may sexually harass any
other employee of the opposite or same gender.
C.
The Town of Wallkill will not tolerate any form of discrimination
or harassment on the basis of protected individual characteristics, such as
race, religion, age, disability, etc. This policy is specifically addressed
to sexual harassment and the town's policy of "zero tolerance" of sexual harassment
of any employee. Sexual harassment is a form of employee misconduct, and appropriate
disciplinary action will be taken against the offending individual(s). In
addition, appropriate administrative or disciplinary action may be taken against
supervisory personnel who knowingly fail to timely report such conduct to
the Town Supervisor after witnessing conduct in violation of this policy or
after receiving a bona fide complaint from an employee.
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:
Unwelcome sexual advances, requests for sexual favors or other verbal
or physical conduct of a sexual nature when:
Submission to the conduct is made either explicitly or implicitly a
term or condition of an individual's employment; or
Submission to or rejection of such conduct by an individual is used
as the basis for employment decisions affecting such individual; or
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.
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:
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
Making submission to or rejection of such conduct the basis for employment
decisions affecting the employee; or
Creating an intimidating, hostile or offensive working environment by
such conduct.
One specific form of harassment is the demand for sexual favors; other
forms of harassment may include:
VERBAL HARASSMENTSlurs, sexual innuendos, suggestive or derogatory comments, jokes of a sexual nature, sexual propositions and threats.
NONVERBAL HARASSMENTAbusive written language, showing or displaying pornographic or sexually explicit objects or pictures, graphic commentaries, leering, whistling or obscene gestures in the workplace.
PHYSICAL HARASSMENTUnwanted physical contact, including touching, pinching, persistent brushing against the body, coerced sexual intercourse, assault.
A.
Employees are assured that they will not be retaliated
against for raising a bona fide complaint of sexual harassment and that the
matters raised in a complaint will be treated as confidentially as possible.
B.
An employee who believes that (s)he is being sexually
harassed or is the subject of conduct in violation of this policy, or who
believes that (s)he has been retaliated against for opposing such harassment
or who has witnessed such activity should immediately report the alleged acts
of harassment to the Town Supervisor. If a complaint involves such actions
allegedly committed by the Town Supervisor, the complaint should be made directly
with the Deputy Town Supervisor.
C.
An allegation of sexual harassment may be made either
orally or in writing.
D.
All complaints received will be investigated promptly
and in a confidential manner. Any employee possessing information about sexual
harassment in the workplace, whether directed at the employee herself or himself,
or directed at a coworker, is encouraged to make any such information known
to the Town Supervisor. Publicizing information about alleged harassment without
following the reporting procedures or filing a formal complaint may be considered
evidence of a vexatious intent on part of the accuser.
E.
Upon receiving a complaint or a report of sexual harassment,
the Town Supervisor will cause an investigation to begin by having interviews
conducted of the parties and the potential witnesses as soon as possible.
Interviews with each party and each witness shall be conducted separately
and in a confidential manner, to the extent possible.
F.
The employee filing the complaint has the right to meet
privately during working hours with the Town Supervisor; however, the employee
should receive approval from a work supervisor before leaving his or her work
assignment for the purpose of attending such interview. The employee need
not disclose the purpose of the meeting. Reasonable requests to meet with
the Town Supervisor cannot be denied, and the employee shall be excused to
attend the interview at the earliest practicable time consistent with the
operational needs of the town. When necessary to ensure confidentiality, the
interview may be conducted off workplace premises, either before or after
working hours or during lunch period. At the request of the employee furnishing
information, a female or male interviewer, as the case may be, can be arranged
by the town.
G.
The Town Supervisor will review any documentary and/or
physical evidence presented, and any other record of the interview. The investigation
and interviews will be conducted in a confidential manner, which means that
information obtained from an employee at such interview shall not be discussed
with other persons except as necessary to investigate and/or resolve a complaint
of harassment.
H.
Any person interviewed during the course of an investigation
is entitled to be accompanied by a union representative or designated legal
counsel of his or her choice consistent with current practice.
I.
A person who participates in this procedure may do so
without fear of retaliation.
A.
Workplace supervisors must:
(1)
Deal expeditiously and fairly with incidents of discrimination,
sexual harassment and/or sexually oriented conduct which may lead to harassment,
whether or not there has been a written or formal complaint.
(2)
Act promptly to ensure that discrimination and/or harassment
is reported to the Town Supervisor.
(3)
Follow the recommendation of the Town Supervisor, including
any corrective action or other action to prevent prohibited conduct from reoccurring.
(4)
Ensure that an employee who makes a complaint or otherwise
participates in the procedures described herein is not the subject of retaliation.
B.
Workplace supervisors who knowingly allow or tolerate
sexual harassment are in violation of this policy and subject to discipline.
A.
Upon conclusion of the investigation, the Town Supervisor
will prepare a confidential written report that contains a finding whether
the complaint was substantiated or unsubstantiated.
B.
If the finding is that the complaint is substantiated,
the written report will state recommended corrective actions, including, where
found, appropriate recommended relief for the employee who filed the complaint,
recommended disciplinary action to be taken against the offending employee
and/or recommendations for action to end the conduct or actions, which may
include changes in town policy or practice.
C.
Upon the completion of the written report, the Town Supervisor
will meet with the complaining employee to advise whether the complaint was
found to be substantiated or unsubstantiated. If the complaint was found substantiated,
the Town Supervisor will advise the complaining employee of the recommended
corrective action.
D.
Following this meeting, the Town Supervisor will promptly
take action designed to stop the discriminatory acts (harassment) and to prevent
its reoccurrence. This action will also include measures designed to address
the impact that the discriminatory conduct may have on the employee who was
the subject of the harassment. Employee(s) who are determined to be in violation
of the town's policy will be subject to appropriate disciplinary action that
may include termination of employment.
E.
Any disciplinary action taken will be consistent with
the applicable provisions of the applicable collective bargaining agreement
and/or law(s) governing employee discipline.
A.
If the Town Supervisor determines that the complaint
is not substantiated, the employee has the right to appeal the determination
in writing to the Town Board.
B.
Upon receipt of the appeal, all information obtained
in the investigation shall be forwarded to the Town Board in an envelope clearly
marked "Personal and Highly Confidential."
C.
Upon a prompt and thorough consideration of the investigative
file, the Town Board shall make a determination on the employee's appeal to
uphold, reverse or modify the determination. The Town Supervisor shall not
participate in the Town Board's determination of the appeal, except for purposes
of responding to requests for information by the Town Board.
E.
All parties shall be promptly notified in writing of
the determination on appeal. The notification of such determination shall
be sent in envelopes marked "Personal and Highly Confidential" to ensure confidentiality.
A.
If upon investigation a complaint is found to be reckless,
frivolous or vexatious, appropriate action will be taken to address such misconduct.
B.
No record of a complaint shall kept in the complaining
employee's personnel file, unless the investigation concludes that the complaint
was reckless, frivolous or vexatious.
C.
All information pertaining to a discrimination and/or
sexual harassment complaint or investigation shall be separately maintained
by the department in secure files.
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.
