[HISTORY: Adopted by the Borough Council
of the Borough of Paramus 3-5-2001 by Ord. No. 01-2. Amendments noted
where applicable.]
The Borough of Paramus (hereinafter referred
to as the "Borough") has a strong commitment to provide a work environment
free from unlawful harassment based on sex, race, color, religion,
national origin, age, disability, ancestry, atypical hereditary cellular
or blood trait (AHCBT), liability for service in the Armed Forces
of the United States, creed, handicap, marital status, nationality,
genetic information, refusal to submit to genetic testing, refusal
to provide genetic information or race of that person or of that person's
spouse, partners, members, stockholders, directors, officers, managers,
superintendents, agents, employees, business associates, suppliers
or customers (collectively, the "protected classifications"). The
Borough will not tolerate unlawful harassment. Acts or incidents of
unlawful harassment should be promptly reported in accordance with
the procedures outlined below. The Borough will promptly investigate
all reports of unlawful harassment. Employees who violate this policy
will be subject to disciplinary action up to and including termination
from employment. Employees who violate this policy also risk personal
legal liability.
The purpose of this policy is to ensure all
employees of the Borough of Paramus a work environment free of any
type of unlawful discrimination, including freedom from harassment
on the basis of any protected classification.
A.
Conduct that may violate this policy and result in
disciplinary action includes the following:
(1)
Unwelcome remarks and actions based on the protected
classifications. This may include, but is not limited to, inappropriate
jokes, comments or posted materials.
(2)
Threats or suggestions that an employee's employment
work status will be adversely affected based upon the protected classifications.
(3)
Affecting or denying employment opportunities or benefits
to an employee based upon the protected classifications.
(4)
Engaging in a negative tangible employment action
based upon the protected classifications.
(5)
Retaliation against an employee who has reported any
alleged violation of this policy or participated in an investigation
related to this policy.
B.
Sexual harassment.
(1)
An important note must be made with respect to sexual
harassment. "Sexual harassment" is defined as any unwelcome advance
or request for sexual favors or any conduct of a sexual nature where:
(a)
Submission is made explicitly or implicitly a term
or condition of employment; or
(b)
Submission to or rejection of harassing conduct or
communication is used or is threatened to be used as the basis of
employment decisions; or
(c)
Such conduct has the purpose or effect of substantially
interfering with an individual's work or creates an intimidating,
hostile or offensive working environment.
(2)
Sexual harassment is different from sexual attraction
or flirtation. Sexual harassment is unwelcome sexual attention which
is demeaning and causes the recipient distress. Sexual harassment
does not refer to occasional compliments. However, comments or behavior
which may be intended to be complimentary may be viewed by the recipient
as unwelcome and a form of sexual harassment.
(3)
Special care must be exercised by supervisors and
managers whose actions or remarks may be mistakenly perceived as unlawful
harassment. The subordinate may feel inhibited and may not disclose
the unwelcome actions or remarks by the supervisor or person of higher
rank. Unlawful harassment is not limited, however, to employees of
different rank.
C.
Complaint procedure. Any employee who feels he or
she has been subject to harassment or has knowledge of a violation
of this policy should report the incident directly to the Mayor or
Councilperson who is liaison to the employee's department, board or
agency or to the employee's department head. The employee should complete
a harassment complaint form. Employees, however, are not required
to complete the complaint form to initiate a harassment complaint
under this policy. The Mayor and Council must be promptly advised
of such complaint. If the complaint involves a direct supervisor,
the employee is not required to complain to the direct supervisor.
The complaint should then be made to any of the other above-named
individuals.
D.
Investigation procedure.
(1)
Once a complaint has been registered, a prompt and
thorough investigation will be conducted to determine the meritorious
character of the complaint.
(2)
In the event that it is determined that the complaint
has merit, the Mayor and Council shall promptly thereafter schedule
a hearing on the complaint. If the complaint has not been issued in
writing, the complainant shall cause the complaint to be set forth
in writing specifying details of the incident or incidents complained
of.
(3)
If the Borough determines that unlawful harassment
has occurred in violation of this policy, the individual who engaged
in such harassing conduct shall face immediate and appropriate disciplinary
action based upon the severity of the complaint and any prior history
of past charges against and disciplinary action involving the individual.
Disciplinary action may include a written warning, suspension, demotion
and/or termination of employment. At the discretion of the Mayor and
Council, the accused may be suspended without pay pending the hearing.
In the event that the charges or the complaint is determined to be
without merit and is dismissed following the suspension of the accused,
the accused shall be reinstated with back pay.
(4)
In the event that the Mayor and Council determine
the complaint to be without any merit and/or a fabrication, appropriate
disciplinary action may be taken against the employee who caused the
complaint to be executed.
E.
Privacy.
(1)
The Borough of Paramus encourages victims of harassment
to bring their complaints to management by ensuring that no reprisals
or retaliation will result against such complaining individual as
a result of the good faith reporting of harassment. In addition, anyone
who assists in the filing of a complaint or in the investigation of
a claim of harassment will be protected from reprisals and retaliation.
Reprisal or retaliation may be the basis of a separate complaint,
even if the complaint of harassment may be found to be without merit.
(2)
To the fullest extent possible and so long as it does
not inhibit the conducting of an investigation, all persons involved
with a harassment complaint will be given the utmost protection of
privacy.
F.
Borough liability. Because the Borough of Paramus
prohibits harassment of its employees in any form, any individual
charged with harassment in a civil action or by way of an administrative
complaint shall be solely responsible for paying all costs of defense
and/or any damages resulting therefrom which shall be awarded by proper
court of law or by an administrative hearing unless the Mayor and
Council agree otherwise in writing.
G.
Any employee with questions regarding the Borough's
policy against harassment may contact the Mayor, a Councilperson or
department head.
