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.
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.
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.