It is a violation of this policy to engage in
any employment practice or procedure which treats an employee less
favorably based upon a person's race, gender, national origin or ancestry,
religion, age, disability, affectional or sexual orientation, marital
status, familial status, atypical hereditary cellular or blood trait,
genetic information, or liability for service in the Armed Forces
of the United States. It is also a violation of this policy to use
derogatory or demeaning slurs to refer to a person's race, gender,
age, religion, disability, affectional or sexual orientation, or ethnic
background which have the effect of harassing an employee or creating
a hostile work environment. Harassment or the creation of a hostile
work environment can occur even if there was no intent on the part
of an individual to harass or demean another. Examples of behaviors
that may constitute prohibited workplace discrimination or harassment
include, but are not limited to:
A. Discriminating against an individual with regard to
terms and conditions of employment because of that individual's race,
gender, age, religion, disability, affectional or sexual orientation,
place of origin, or his/her ancestor's place of origin.
B. Treating an individual differently because of race,
gender, age, religion, disability, affectional or sexual orientation,
place of origin, or his or her ancestors' place of origin, or because
an individual has the physical, cultural or linguistic characteristics
of a racial or national origin group.
C. Treating an individual differently because of marriage
to or association with persons of a racial, religious or national
origin group; or due to membership in or association with an organization
identified with the interests of a racial, religious or national origin
group; or because an individual's name or spouse's name is associated
with a racial, religious or national origin group.
D. Calling another by an unwanted nickname which refers
to one or more of the above characteristics, or telling ethnic jokes
which harass an employee or create a hostile work environment.
E. Using derogatory references regarding any of the above
characteristics in any job-related communication.
F. Engaging in threatening, intimidating, or hostile
acts, in the workplace, based on the foregoing classifications.
G. Displaying or distributing material in the workplace
that contains language or images that are derogatory or demeaning,
based upon any of the foregoing classifications.
Any employee who believes that she/he has been
subjected to any form of prohibited discrimination/harassment, including
sexual harassment, or who witnesses others being subjected to such
harassment or discrimination is encouraged to promptly report the
incident(s) to either their supervisor or directly to the Mayor or
to the State of New Jersey Department of Law and Public Safety's Division
on Civil Rights located in Trenton, New Jersey, or to any other persons
designated by their department head to receive workplace discrimination
complaints. All employees are expected to cooperate with investigations
undertaken pursuant to this policy. Failure to cooperate in an investigation
may result in disciplinary action, up to and including termination.
Supervisors should make every effort to maintain
a work environment that is free from any form of prohibited discrimination/harassment.
Supervisors are expected to take all allegations of discrimination/harassment,
including sexual harassment, seriously, and to immediately refer the
matter to the individual(s) responsible for receiving such complaints,
as set forth herein. All complaints will be reviewed and prompt and
appropriate remedial action will be taken to address any substantiated
claim. All supervisors receiving complaints of unlawful discrimination/harassment
must immediately advise the Mayor of the complaint.
The Borough Council is charged with the responsibility
of assessing the extent of punishment appropriate where an individual
or individuals are determined to have acted improperly. Violations
of this article are deemed to be a serious digression from acceptable
conduct, is conduct unbecoming a public officer and will result in
appropriate disciplinary action, including the possibility of termination
from employment. The following penalties (which list is not to be
considered the sole remedy) may be considered by the Council:
A. Discharge or demotion of the employee.
B. Written reprimand to be included in the employee's
permanent file.
C. Transfer of either party to minimize contact between
the parties.
D. Requiring the offending party to undergo psychological
therapy of his or her own expense.
Retaliation against any employee who alleges
that she/he was the victim of a violation of this article, or against
any employee who provides information in the course of an investigation
into claims of unlawful violation of this article, is prohibited.
Any employee bringing a complaint, providing information for an investigation,
or testifying in any proceeding under this policy will not be subjected
to adverse employment consequences based upon such involvement or
be the subject of retaliation.
The Borough of Rocky Hill will periodically
provide workshops which are open to all employees in order to enhance
the awareness of the issues dealt with in this article and understand
the potential effects and consequences of violations of this article
for the employee. The training should provide a level of awareness
so that employees who believe they are subject to violations of this
article may exercise their rights in accordance with this article.
If any employee knowingly makes a false accusation
of unlawful discrimination/harassment or knowingly provides false
information in the course of an investigation of a complaint, such
conduct may be grounds for discipline. Complaints made in good faith,
however, even if found to be unsubstantiated, will not be considered
a false accusation.
All complaints and investigations shall be handled,
to the extent possible, in a manner that will protect the privacy
interests of those involved. To the extent practical and appropriate
under the circumstances, confidentiality will be maintained throughout
the investigatory process. In the course of an investigation, it may
be necessary to discuss the claims with the alleged harasser and other
persons who may have relevant knowledge. It, therefore, may be necessary
to disclose information to persons with a legitimate need to know
about the matter. All persons interviewed will be directed not to
discuss any aspect of the investigation with others in light of the
important privacy interests of all concerned. Failure to comply with
this confidentiality directive may result in disciplinary action.
The Borough Clerk shall provide a copy of this
article to all employees of the Borough and shall post a copy of same
in a prominent place within Borough Hall.