[Adopted 5-6-2002 by Ord. No. 3-02]
A. 
The Borough of Rocky Hill is committed to providing every employee with a workplace free from unlawful discrimination. All forms of unlawful employment discrimination based upon race, creed, color, national origin, ancestry, age, sex, marital status, familial status, affectional or sexual orientation, atypical hereditary cellular or blood trait, genetic information, liability for service in the Armed Forces of the United States, or disability are prohibited and will not be tolerated. Sexual harassment is a form of unlawful gender discrimination and, likewise, will not be tolerated.
B. 
Unlawful discrimination/harassment undermines the integrity of the employment relationship, compromises equal employment opportunity, debilitates morale and interferes with work productivity. This policy applies to all employees and applicants for employment in Borough departments. The Borough of Rocky Hill will not tolerate harassment or discrimination by anyone in the workplace including supervisors, coworkers, or nonemployees. This policy applies to conduct which occurs in the workplace and also extends to conduct which occurs at any location that can be reasonably regarded as an extension of the workplace, such as any field location, any off-site business-related social function, or any facility where Borough business is being conducted and discussed. This policy also applies to third-party harassment. Third-party harassment is unwelcome behavior of a sexual, racial or derogatory nature regarding any protected category, that is not directed at an individual but is a part of that individual's work environment. Third-party harassment based upon any of the aforementioned protected categories is prohibited by this policy. This policy pertains to all employment practices such as recruitment, selection, hiring, training, promotion, transfer, assignment, layoff, return from layoff, termination, compensation, fringe benefits, working conditions and career development.
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.
A. 
It is a violation of this policy to engage in sexual harassment of any kind. For the purposes of this policy, sexual harassment, with or without sexual conduct, is defined, as in the Equal Employment Opportunity Commission Guidelines, as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when, for example, submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment.
B. 
Sexual harassment generally falls into two categories: quid pro quo and hostile work environment harassment:
(1) 
Quid pro quo.
(a) 
Quid pro quo sexual harassment is a form of harassment that may include unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct based on the gender of the affected employee when:
[1] 
Submission to such conduct is made either explicitly or implicitly a term or condition of employment.
[2] 
Submission to or rejection of such conduct by an individual is used as a basis for employment decisions.
(b) 
It shall be a violation of this policy for any person to use his or her authority to make any sexual advance toward an individual over whom the person is authorized to make, recommend or otherwise to influence personnel actions; to grant, recommend, or refuse to take personnel action on the basis of an employee's gender or sexual orientation or in exchange for sexual favors; or to take or fail to take a personnel action as reprisal against any employee for rejecting or reporting a sexual advance. Sexual advances or requests for sexual favors can be in the form of either expressed or implied comments, writings, or actions.
(2) 
Hostile work environment sexual harassment is a form of harassment that may include unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature which has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. Gender-based harassment may give rise to a claim of a hostile environment whether or not sexual activity or language is involved, if it has the purpose or effect of abusing, devaluing or subordinating the members of one sex and it adversely affects an individual's employment opportunities.
C. 
Third party harassment is unwelcome behavior of a sexual nature or based on sex that is not directed at an individual but is a part of an individual's work environment. Examples of prohibited behaviors that may constitute sexual harassment include but are not limited to:
(1) 
Generalized gender-based remarks and comments.
(2) 
Unwanted physical contact such as intentional touching, grabbing, pinching, brushing against another's body or impeding or blocking movement.
(3) 
Verbal or written sexually suggestive or obscene comments, jokes or propositions including letters, notes, e-mail, invitations, gestures or inappropriate comments about a person's clothing.
(4) 
Visual contact, such as leering or staring at another's body, gesturing, displaying sexually suggestive objects, cartoons, posters, magazines or pictures of scantily clad individuals.
(5) 
Explicit or implicit suggestions of sex by a supervisor or manager in return for a favorable employment action, such as hiring, compensation, promotion, or retention.
(6) 
Suggesting or implying that failure to accept a request for a date or sex would result in an adverse employment consequence with respect to any employment practice such as performance evaluations or promotional opportunity.
(7) 
Continuing to engage in certain behaviors of a sexual nature after an objection has been raised by the target of such inappropriate behavior.
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.
A. 
All employees have the right and are encouraged to immediately report suspected violations of the Borough policy prohibiting discrimination, harassment or hostile environments in the workplace. Employees can report incidents of discrimination to either the Mayor, or to any supervisory employee in the Borough or to the New Jersey Department of Law and Public Safety, Division on Civil Rights. Employees should make every effort to report complaints promptly. Delays in reporting may not only hinder a proper investigation, but may also unnecessarily subject the victim to continued unlawful conduct. Supervisory employees should immediately report all alleged violations of the Borough policy prohibiting discrimination, harassment or hostile environments in the workplace, whether reported by an employee or observed directly, to the Mayor. If reporting a complaint to any of the persons set forth above presents a conflict of interest, the complaint may be filed directly with the New Jersey Department of Law and Public Safety, Division on Civil Rights in Trenton, New Jersey. An example of such a conflict would be where the individual against whom the complaint is made is involved in the intake, investigative or decisionmaking process.
B. 
While not mandatory, in order to facilitate a prompt, thorough and impartial investigation, all complaints should be made in written form by the complainant or, if the complainant is unwilling or unable to comply with this requirement, by the complainant's supervisor. During the initial intake of a complaint, the Mayor will obtain information regarding the workplace discrimination, harassment or hostile environment complaint, and determine if intermediate protective measures are necessary to prevent continued violations of the Borough's policy prohibiting discrimination, harassment, and hostile environments in the workplace. The Mayor shall have the discretionary authority to implement an independent investigation or may assign the matter to a Workplace Complaint Committee by appointing, with the consent of Borough Council, three Borough officials to serve on such a Committee. In the event that a Workplace Complaint Committee is appointed by the Mayor to conduct an inquiry, said entity shall be charged with the responsibility of conducting the investigation, making a determination as to the facts gathered and submitting a recommendation to the Borough Council. The Committee shall have the authority to direct employees to provide testimony. The inquiry shall be conducted and completed within 10 days of notification by the Mayor, unless an extension is granted, and the written report of the Committee (or the independent report if the Mayor implements an independent investigation) shall be provided within 10 days to the Borough Council which should detail the complaint, the investigative findings and recommendation for action, if any. All information gathered for such report shall be maintained in confidence. The Committee shall have the authority to obtain legal assistance from the Borough Attorney should the need for same arise.
C. 
The Borough Council shall take timely action, upon receipt of the Workplace Complaint Committee's report or independent investigator's report, including notifying the aggrieved employee in written form of its determination. If the report recommends disciplinary action, the Borough Council shall act in accordance with Borough ordinances and state and federal law and § 24-15 of this article and exercise power appropriately. If the employee making the complaint concludes that the action taken is not satisfactory, he or she may further appeal for a hearing before the Borough Council. Said appeal must be in written form and submitted to the Borough Clerk within seven days of the notification to the employee of the Borough Council's decision. Employees requesting a hearing before the Borough Council shall have the option of having such hearing be held in executive session or in open public session.
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.