(A) The town strictly prohibits sexual harassment in the workplace by any person, in any form. This policy is consistent with and pursuant to the guidelines on sexual discrimination issued by the Equal Employment Opportunity Commission.
(B) Specifically, it is both illegal and against the policy of the town for any employee, male or female, to sexually harass another employee or applicant. The EEOC guidelines identify three situations in which "unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature" constitute unlawful harassment:
(1) When an employee must submit to such conduct as a condition of employment;
(2) When decisions about an employee's job such as promotion, demotion, benefits, and wages are based on his or her submission to, or rejection of, such conduct; and/or
(3) When such conduct "unreasonably interferes" with his or her job performance and creates an "intimidating, hostile, or offensive" working environment.
(C) The first two categories are commonly referred to as quid pro quo sexual harassment in which acquiescence to sexual advances or some type of sexual consideration is required in exchange for a tangible job benefit. The third category prohibits sexual harassment based on a "hostile or offensive" work environment, even when there has been no conditioning of employment benefits for sexual favors. Such harassment typically involves workplace conduct such as lewd or explicit sexual remarks, innuendos, jokes, gestures, touching, discussions of sexual activity, and display of obscene or suggestive pictures or cartoons.
(D) Any employee or applicant who believes he or she has been the subject of sexual harassment should report the alleged act immediately (not later than 48 hours after the alleged act occurs) to his or her supervisor. (If the supervisor is the accused party, the individual should report the incident directly to the appointing authority.) An investigation of all complaints will be undertaken upon notification.
(E) Any supervisor or other employee who has been found by the appointing authority after appropriate investigation to have sexually harassed another employee or applicant will be subject to appropriate disciplinary action, consistent with the provisions outlined in this manual, up to and including termination.
(F) The appointing authority recognizes that the question of whether or not a particular action or incident is based upon a purely personal, social relationship between consenting adults that has no discriminatory employment effect, requires a factual determination based upon all facts in the matter.
(G) Given the nature of this type of employment discrimination, the appointing authority also recognizes that false accusations of sexual harassment can have serious effects on innocent women and men. Appropriate disciplinary action may therefore, be taken for false accusations of sexual harassment. The appointing authority trusts that all employees will continue to act responsibly to establish a pleasant working environment free of discrimination.
(Ord. 2015-38, passed 12-14-15; Am. Ord. 2018-14, passed 9-24-18; Am. Ord. 2019-17, passed 11-25-19)