[Adopted 9-23-2002 by Ord. No. 1550-02]
The City of Passaic (hereinafter referred to
as the "City") has a strong commitment to provide a work environment
free from unlawful harassment based on sex, affectional or sexual
orientation, 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, familial status, genetic information, refusal to submit
to genetic testing, refusal to provide genetic information, or nationality
of that person or that person's spouse, partners, members, officers,
managers, superintendents, agents, employees, business associates,
suppliers, or customers (collectively, the "protected classifications").
The City will not tolerate unlawful harassment. Acts or incidents
of unlawful harassment should be promptly reported in accordance with
the procedures outlined below. The City 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 City of Passaic a work environment free of any type
of unlawful discrimination, including freedom from harassment on the
basis of any protected classification.
Instances that may violate the City's policy
against harassment and which may result in disciplinary action include
the following:
A.
Unwelcome remarks and actions based on the protected
classifications. This may include, but is not limited to, inappropriate
jokes, comments or posted materials.
B.
Threats or suggestions that an employee's employment
work status will be adversely affected based upon the protected classifications.
C.
Affecting or denying employment opportunities or benefits
to an employee based upon the protected classifications.
D.
Engaging in a negative tangible employment action
based upon the protected classifications.
E.
Retaliation against an employee who has reported any
alleged violation of this policy or participated in an investigation
related to this policy.
A.
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:
(1)
Submission is made explicitly or implicitly a term
or condition of employment; or
(2)
Submission to or rejection of harassing conduct or
communication is used, or is threatened to be used, as the basis of
employment decisions; or
(3)
Such conduct has the purpose or effect of substantially
interfering with an individual's work or creates an intimidating,
hostile, or offensive working environment.
B.
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 inoffensive 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.
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.
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 Business Administrator or his/her
designee. The Business Administrator or his/her designee is hereby
designated as the harassment officer. If circumstances prevent reporting
the incident directly to the Business Administrator or his/her designee,
the employee should report the incident to the employee's department
head. The Business Administrator or his/her designee must be promptly
advised of such complaint. If the complaint involves a direct supervisor,
the employee is not required to complain to that direct supervisor.
The complaint should then be made to any of the other above mentioned
individuals. A complaint of harassment shall be investigated by the
Business Administrator or his/her designee in a timely manner.
A.
The complaint filed must include the following information:
(1)
The name and department of the complainant;
(2)
The name and department of the charged party;
(3)
The nature and circumstances, in detail, of the alleged
harassment, including but not limited to the injuries or consequences
suffered by the complainant, the names of any witnesses to such actions
and the duration of the actions questioned; and
(4)
Whether such harassment has been previously reported
to a supervisor or other person, and if so, when and to whom.
B.
Nothing in this section shall prevent the complainant
from providing other information or documents he/she believes are
essential to the fair adjudication of their case.
C.
The initial complaint may be made orally or in writing.
If the complaint is made orally, the Business Administrator or his/her
designee shall reduce same to a written document, which shall, if
it is deemed accurate, be signed by the complainant. If an individual
is uncomfortable in making a written complaint, the City may proceed
with its investigation without a formal, written complaint.
A.
Once a complaint has been registered or a harassment
situation has become known to the City, a prompt and thorough investigation
will be conducted to determine the meritorious character of the complaint.
B.
If the City 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 made against the individual and disciplinary action
involving the individual. Disciplinary action may include being suspended
without pay pending the hearing, a written warning, suspension, demotion,
and/or termination of employment.
A.
The City of Passaic 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.
B.
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.
A.
Because the City of Passaic 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 are awarded by any proper court of law or
after an administrative hearing.
B.
Any employee with questions regarding the City's Harassment
Policy may contact the Business Administrator or his/her designee.
Since a charge of harassment is a grave and
serious one, false accusations of harassment are, and will be treated
as, a disciplinary offense and will result in a level of punishment
appropriate for a person engaging in such behavior.
