[HISTORY: Adopted by the Mayor and Council of the Borough of Bergenfield
6-18-1996 by Ord. No. 2196. Amendments noted where applicable.]
GENERAL REFERENCES
Drug and alcohol abuse policy — See Ch. 21.
As used in this chapter, the following terms shall have the meanings
indicated:
Unwelcome sexual advances, requests for sexual favors and other verbal
or physical conduct based on gender when:
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, including, but not limited to:
GENDER HARASSMENTGeneralized gender-based remarks and behavior.
SEDUCTIVE BEHAVIORInappropriate, unwanted, offensive physical or verbal sexual advances.
SEXUAL BRIBERYSolicitation of sexual activity or other sex-linked behavior by or for a promise of reward.
SEXUAL COERCIONCoercion of sexual activity by threat of punishment.
SEXUAL ASSAULTGross sexual imposition such as touching, fondling, grabbing or assault.
All employees, female or male, shall be permitted to work in an environment
free from all forms of unlawful discrimination and conduct which can be considered
harassing, coercive or disruptive, including sexual harassment. Sexual harassment
is a form of employee misconduct which undermines the integrity of the employment
relationship. Sexual harassment debilitates morale and interferes with work
productivity and, therefore, will not be tolerated.
In order to ensure the integrity of the work environment, supervisory
personnel are required to ensure adherence to and compliance with this policy;
and, upon being informed of possible sexual harassment, are required to take
appropriate immediate action in response, including informing employees of
their right to file a discrimination complaint with the Administrator.
Employees are encouraged, whether directly or through a third party,
to notify the alleged harasser that the behavior in question is offensive
and unwelcome. Employees are encouraged to promptly report all alleged incidents
of sexual harassment to the Administrator. However, failure to do so does
not preclude filing a complaint.
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
sexual 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 they believe 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 Administrator shall reduce same to a
written document, which shall, if it is deemed accurate, be signed by the
complainant.
D.
The Borough Administrator is hereby designated as the
sexual harassment officer. The Borough Clerk is hereby designated as the alternate
officer. Persons who, by reason of the circumstances, are uncomfortable directing
a complaint to the Administrator may report same to the alternate officer.
A complaint of sexual harassment shall be investigated by the Borough
Administrator or his alternate in a timely manner and shall include, but not
be limited to:
A.
Interviewing the complainant in detail.
B.
Interviewing all potential witnesses, including those
persons who may have knowledge of similar incidents.
C.
Interviewing the charged party in detail.
D.
Reviewing municipal files for similar incidents involving
the complainant and the charged party.
E.
Assessing the presence or absence of corroborative evidence
for either party.
To the extent possible, the sexual harassment investigative proceedings
will be conducted in manner to protect the confidentiality of the complainant,
the alleged harasser and all witnesses. All parties involved in the proceedings
will be advised to maintain strict confidentiality, from the initial meeting
to the final decision, to safeguard the privacy and reputation of all involved.
It shall be a violation of this policy for any employee to take reprisals
against any person because she/he has filed a complaint, testified or assisted
in any proceedings under this policy. Threats, other forms of intimidation,
and/or retaliation against the complainant or any other party based on involvement
in the complaint process may be cause for disciplinary action.
All complaints will be addressed by the Borough Administrator. The alleged
harasser will be notified once a formal complaint is filed with the Administrator.
A finding of no probable cause as a result of an investigation does not necessarily
establish that an accusation is false. However, this policy shall not be used
to intentionally bring frivolous or malicious charges against an employee.
Disciplinary action for employees found in violation of this policy
may be progressive in nature, but not required to be, and may include:
Employees of the Borough shall be provided with training, by a person
trained to lead or implement such training, which shall include a detailed
discussion of the following:
A.
A detailed explanation of what constitutes sexual harassment.
B.
The procedures for filing a sexual harassment charge.
C.
The procedures to be followed in the investigation of
a sexual harassment charge.
D.
Management's obligation regarding incidents of sexual
harassment.
E.
Recordkeeping requirements.
A.
Since a charge of sexual harassment is a grave and serious
one, false accusations of sexual harassment are, and will be treated as, a
disciplinary offense and will result in a level of punishment appropriate
for a person actually engaging in such behavior.
B.
A person who knowingly and/or recklessly fails to give
truthful testimony to the Administrator shall also be guilty of having made
false accusations.
