[Adopted 1-8-2007 by Ord. No. 2006-12]
The quality and diversity of Town employees is important to the success
of the Town work force. As such, the Town has adopted a policy against sexual
harassment and has distributed this policy to all current employees and will
distribute it to all future employees. The purpose is to ensure that all employees
understand our policy. Failure to comply with this policy will result in appropriate
disciplinary action.
A.
Definition of "sexual harassment." By law, sexual harassment
is a form of sex discrimination and therefore a violation of Title VII of
the Civil Rights Act of 1964. The Equal Employment Opportunity Commission
(EEOC) has defined two types of sexual harassment, quid pro quo and hostile
environment. Quid pro quo, more commonly referred to as "a favor for a favor,"
prohibits unwelcome sexual conduct when submission to such conduct is made
either explicitly or impliedly a term or condition of an individual's
employment. Quid pro quo harassment occurs when submission to or rejection
of such conduct is used as the basis for employment decisions affecting an
individual. Hostile environment is unwelcome sexual conduct that unreasonably
interferes with an individual's job performance or creates an intimidating,
hostile, or offensive working environment even if it leads to no tangible
or economic job consequences.
B.
Sexual harassment can include but is not limited to:
(1)
Conditioning employment or promotion on the response
to a sexually oriented request;
(2)
Engaging in sexually suggestive physical contact or touching
another employee in a way that is offensive;
(3)
Displaying, storing, or transmitting sexually oriented
materials;
(4)
Making romantic advances toward an employee despite the
employee's rejection of the advances;
(5)
Comments about physical attributes or unwelcome comments
about the way clothing fits;
(6)
Engaging in sexually suggestive jokes or remarks; or
(7)
Discussing sexual matters in a manner that ought to be
understood as unwelcome or offensive.
C.
Sexual harassment can be physical or psychological in
nature. One incident alone or a series of incidents taken together can constitute
sexual harassment.
D.
Whether particular conduct is considered to be sexual
harassment will depend largely upon whether the person subjected to it reasonably
believes the conduct is offensive enough to negatively affect his or her work
and to create a hostile or abusive work environment.
E.
Sexual harassment may involve the conduct of a manager
or supervisor toward a subordinate, or behavior between co-workers. The harasser
may be a member of the opposite sex or the same sex as the subject of harassment.
F.
The laws governing sexual harassment do not prohibit normal social relationships that develop in the work place as long as the relationship is consistent with § 24-21, Conflict of interest and consensual relationships policy. Furthermore, the law does not discourage compliments given to individuals and other exchanges that are socially acceptable and free from sexual innuendo.
G.
The EEOC in its publication "Facts About Sexual Harassment"
suggests that it is helpful for the victim to directly inform the harasser
that the conduct is unwelcome and must stop. However, the victim should not
hesitate to use the complaint procedure.
H.
Coverage of our policy. Town policy forbids sexual harassment
of any sort. The Town will not tolerate such conduct by managers, other employees,
elected officials, vendors, contract employees, contractors, or customers
in the course of our operations.
I.
Protection against retaliation. Employees who report
sexual harassment complaints in good faith have the Town's assurance
that there will be no retaliation or any adverse effect upon their employment
for using the complaint procedure.
J.
Complaint procedure.
(1)
If you believe that you have been or are being subjected
to sexual harassment, we want to know about it. You are encouraged to report
the matter to your supervisor. If your supervisor is not available, or you
are not comfortable discussing the matter with your supervisor, you can bring
the complaint directly to the Town Manager.
(2)
If a supervisor is informed of or becomes aware of a
sexual harassment situation, allegation, or complaint, he or she must promptly
report the matter to the Town Manager.
A.
Purpose. To caution directors, supervisors and employees
from entering into, or becoming involved in consensual romantic or sexual
relationships with one another in the work place, as such relationships can
create a conflict of interest and give rise to sexual harassment claims. Mechanisms
to resolve conflicts of interest are addressed in this section.
B.
Scope. This policy applies to all officers and employees
of the Town of Princess Anne, including, but not limited to, full- and part-time
employees, elected officials, temporary employees, and employees working under
contract for the Town.
C.
CONSENSUAL RELATIONSHIP
CONFLICT OF INTEREST
BUSINESS HOUR
TRANSFER
SEX DISCRIMINATION
Definitions.
Amorous, romantic, and sexual relationships between Town employees,
including contracts deemed to be the nature of dating or other prearranged
social activities (which are personal in nature and not professional).
Any activity or association (relationship) that creates or appears
to create a conflict between the employee's personal interests and the
business interests of the Town of Princess Anne. A conflict of interest is
inherent in a consensual relationship when one of the participants is in a
position to recommend or decide any action that may affect benefits, evaluations,
compensation, or any term or condition of employment of the other participant.
Such situations or perceptions may interfere with the Town of Princess Anne's
obligation to provide equal employment opportunity and in some instances,
may constitute sexual harassment and unlawful sex discrimination.
Those paid hours required by employees to carry out their job duties
and the business mission of the Town.
Movement of an employee from one position in a Town department to
another position. The movement may be within the same department or another
department in the Town structure.
Employment opportunities or benefits, which are denied or granted
because of an individual's submission or opposition to a consensual romantic
or sexual relationship. Example: If a management employee is dating a subordinate
and the manager grants the subordinate a benefit (e.g., a raise, promotion,
change in duties) as a result of the relationship, the other employee (male/female)
may allege sexual harassment and sex discrimination.
D.
Responsibilities.
(1)
The Personnel Office is responsible for:
(2)
Elected officials, Town Manager, directors, supervisors
and department heads are responsible for:
(a)
Knowing and complying with the provisions of this policy.
(b)
Maintaining a work place free of sexual harassment and
sex discrimination.
(c)
Ensuring that their immediate subordinates, as well as
all employees in their area of responsibility, receive training on the impact
of consensual relationships.
(d)
Implementing appropriate action for failure to comply
with the provisions of this policy.
(e)
Reporting employees' involvement in a consensual
relationship that creates or appears to create a conflict of interest to the
appropriate authority in their chain of command.
(3)
Supervisors at all levels are responsible for:
(a)
Knowing and complying with the provisions of this policy.
(b)
Maintaining a work place free of sexual harassment and
sex discrimination.
(c)
Ensuring that their immediate subordinates, as well as
all employees in their area of responsibility, receive training on the impact
of consensual relationships.
(d)
Implementing appropriate action for failure to comply
with the provisions of this policy.
(e)
Reporting employees' involvement in a consensual
relationship that creates or appears to create a conflict or interest to the
appropriate authority in their chain of command.
(4)
All employees are responsible for:
(a)
Knowing and complying with the provisions of this policy.
(b)
Maintaining a work place free of sexual harassment and
sex discrimination.
(c)
Implementing appropriate action for failure to comply
with the provisions of this policy.
(d)
Reporting employees' involvement in a consensual
relationship that creates or appears to create a conflict of interest to the
appropriate authority in their chain of command.
E.
Procedures.
(1)
Reporting consensual relationships.
(a)
Employees in a consensual relationship must report it
to their immediate supervisor or to the appropriate authority in their chain
of command within 30 days to ensure that all potential conflicts of interest
have been adequately addressed. The affected department director then consults
with the Personnel Officer on the types of alternative arrangements to be
made.
(b)
The Personnel Officer writes and retains a report that
specifies the appropriate alternative arrangements, which have been made to
eliminate the conflict of interest. A copy is given to the affected department
director and the participants.
(2)
Transfer and/or reassignment of affected employee.
(a)
At a minimum, the employee/supervisor must cease to work
together on the same matters (including matters pending at the time disclosure
is made). The supervisor must withdraw from participation in activities or
decisions relating to hiring, evaluations, promotions, compensation, work
assignments, and discipline.
(b)
If it is determined that the best resolution is transfer
or reassignment, the affected employee has 120 days to seek a transfer or
reassignment. If within 120 days a transfer or reassignment cannot be made
at the same grade/step level, the Town, at its sole discretion, may transfer
or assign the employee at a lower level as is necessary to complete said transfer
or assignment.
(3)
Confidentiality of reports. All reports remain confidential,
but may be disclosed as evidence in the process of possible related conflict
of interest or sexual harassment or sex discrimination complaints.
