Sexual harassment violates federal and state
law. The Village of Bayville hereby finds that sexual harassment creates
an illegal and undesirable working environment and that such activity
should be prohibited and prevented. It is the policy of the Village
to maintain a work environment which is free of sexual harassment
and to provide for appropriate disciplinary action, including dismissal
in appropriate cases, where such activity occurs.
A.
"Sexual harassment," as used in this chapter, shall
mean unwelcome sexual advances, requests for sexual favors and other
verbal or physical conduct of a sexual nature, when:
(1)
Submission to such conduct is made with, explicitly
or implicitly, a term or condition of an individual's employment.
(2)
Submission to or rejection of such conduct by an individual
is used as the basis for employment decisions affecting such individual.
(3)
Such conduct has the purpose or effect of substantially
interfering with an individual's work performance or is creating an
intimidating, hostile or offensive work environment.
B.
Any of the following activities, when combined with
the above conditions, shall be deemed to constitute sexual harassment:
(1)
Unwelcome sexual advances.
(2)
Requests for sexual favors.
(3)
Other verbal and physical conduct, such as:
(a)
Offensive sexual flirtation, advances or propositions.
(b)
Unwanted hugs, touches or kisses.
(c)
Touching, patting or pinching.
(d)
Subtle pressure or requests for sexual activity.
(e)
Forced sexual relations.
(f)
Verbal abuse of a sexual nature.
(g)
Sexual jokes.
(h)
Sexually suggestive remarks or innuendoes.
(i)
Persistent remarks about another person's clothing,
body or sexual activities.
(j)
Off-color humor.
(k)
Graphic written or verbal commentaries about an employee's
body.
(l)
Sexually degrading words used to describe an employee.
(m)
Display in the workplace of sexually suggestive objects
or pictures.
(n)
Insults or degrading sexual remarks or conduct used
to abuse the dignity of another person.
(o)
Threats, demands or suggestions that an employee's
work status or benefits depend upon the employee's tolerance of sexual
advances.
(p)
Retaliation against employees who complain about sexually
offensive behavior.
C.
Sexual harassment does not include complaints and
conversations of a socially acceptable nature. Sexual harassment does
include unwelcome sexual advances or propositions, requests for sexual
favors and other verbal or physical conduct which offends employees,
harms morale or interferes with the working environment of an employee.
Sexual harassment is prohibited at all levels
of employment, at all times and especially when it directly or indirectly
threatens a term or condition of employment, affects an employment
decision, interferes with the work performance of an employee or creates
an intimidating, hostile or offensive work environment.
A.
The following procedure is established with respect
to complaints of sexual harassment received by an officer or employee
of the Village:
(1)
The employee making such complaint shall submit the
same in writing to his or her immediate supervisor, the Mayor or the
Village Clerk.
(2)
The person receiving such complaint shall promptly
bring such complaint to the attention of the Mayor and the Village
Clerk, except that if the complaint is against the Mayor or Village
Clerk, such person shall not be so notified of the complaint. Any
immediate corrective action taken by any person receiving notice of
such complaint shall be considered preliminary and not final, pending
investigation and decision as provided in this section.
(3)
Within 10 working days of receipt of such complaint,
the person to whom such complaint is made shall make an effort to
intervene and investigate the complaint, and all facets of such investigation
are to be recorded in writing and the results of such investigation
delivered to the Mayor and Board of Trustees.
(4)
Upon a finding that an employee or employees have
engaged in conduct which constitutes sexual harassment, the Village
promptly will take appropriate action, including, but not limited
to, disciplinary action appropriate under the circumstances and as
may be permitted by law.
(5)
Refusal to answer questions or to cooperate during
an investigation of a complaint of sexual harassment may be an independent
ground for employee disciplinary action.
The Village of Bayville will endeavor to protect
the privacy of employees involved in a sexual harassment investigation
to the extent reasonably possible. The Village shall also take appropriate
action that such employees who file complaints of sexual harassment
are protected from illegal retaliatory actions. All persons involved
in any such complaint or investigation shall be treated with dignity.
A.
The Village Clerk will provide each employee annually
with a copy of this chapter of the Village Code.
B.
The Village Clerk will provide a copy of this chapter
of the Village Code to each new employee within one month of such
employee's date of hire.
C.
The Village Clerk will ensure that notice of the Village's
sexual harassment policy is posted in conspicuous places in the Village
workplaces.
D.
Each department supervisor is responsible for prevention
of sexual harassment and for promotion and enforcement of the Village's
sexual harassment policy. Supervisory or managerial employees who
receive a complaint of sexual harassment occurring in the workplace
shall promptly report such complaint to the Mayor and the Village
Clerk (except if the complaint is with respect to conduct alleged
to have been engaged in by the Mayor or Village Clerk, such report
shall not be made to that official), so an immediate investigation
and appropriate action may be undertaken. Supervisory and managerial
employees shall take such immediate corrective action as may be necessary
pending investigation and disposition of a complaint.
E.
Each department supervisor is responsible for identifying,
and reporting to the Board of Trustees, problem areas in interpreting
or applying policy guidelines and reporting any complaints of sexual
harassment and the manner in which they were remedied or otherwise
disposed of.
F.
Each employee is expected to support and enforce the
Village's sexual harassment policy in terms of acceptable employment
practices and behavior in the workplace setting. All employees who
witness or become aware of instances of sexual harassment will immediately
report the incident(s) to their supervisor, the Mayor or the Village
Clerk. In addition, each employee is expected to refrain from sexual
harassment of others.
Sexual harassment violates federal and state
law. Refusal to comply with the Village's sexual harassment policy
will result in disciplinary action, possibly including dismissal,
in addition to any other penalties which may be provided by law.
