The town is committed to developing a work environment free of unlawful harassment and discrimination. Each individual has the right to work in a professional atmosphere that promotes equal employment opportunities and prohibits discriminatory practices, including harassment. Therefore, the town expects that all relationships among persons will be business-like and free of bias, prejudice, and harassment.
(A) Equal employment opportunity. It is the policy of the town to ensure equal employment opportunity without discrimination or harassment on the basis of race, color, religion, sex (pregnancy, gender identity, and sexual orientation), national origin, age (40 and over), disability, genetic information as referenced in the Genetic Information Nondiscrimination Act (GINA), military service veteran status, or any other characteristic protected by federal, state and local laws. The town prohibits any such harassment or discrimination.
(B) Definitions of harassment.
(1) (a) Sexual harassment constitutes discrimination and is illegal under federal, state and local laws. For the purpose of this policy, SEXUAL HARASSMENT 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: (1) submission to such conduct is made either 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; or (3) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating or offensive working environment.
(b) SEXUAL HARASSMENT may include a range of subtle and not so subtle behaviors and may involve individuals of the same or different gender. Depending on the circumstances, these behaviors may include, but are not limited to: unwanted sexual advances or requests for sexual favors; sexual jokes and innuendo; improper use of email or voicemail; verbal abuse of a sexual nature; comments about an individual’s body, sexual prowess or sexual deficiencies; leering, whistling or touching; insulting or obscene comments or gestures; display in the work place of sexually suggestive objects or pictures including screen savers or improper emails or attachments; and other physical, verbal or visual conduct of a sexual nature.
(2) (a) Harassment on the basis of any other protected characteristic is also strictly prohibited. Under this policy, HARASSMENT is verbal or physical conduct that derogates or shows hostility or aversion toward an individual on the basis of race, color, religion, sex (pregnancy, gender identity, or sexual orientation), national origin, age (40 and over), disability, genetic information as referenced in the Genetic Information Nondiscrimination Act (GINA), military service veteran status, or any other characteristic protected by federal, state, or local laws or that of his or her relatives, friends, or associates, and that: (1) has the purpose or effect of creating an intimidating, hostile, or offensive work environment; (2) has the purpose or effect of unreasonably interfering with an individual’s work performance; or (3) otherwise adversely affects an individual’s employment opportunities.
(b) Harassing conduct includes, but is not limited to: epithets, slurs, or negative stereotyping; threatening, intimidating or hostile acts; derogatory jokes; and written or graphic material that derogates or shows hostility or aversion toward an individual or group or that is placed on walls or elsewhere on the employer’s premises or circulated in the workplace.
(3) Individuals found to be performing such harassing conduct may be subject to disciplinary action, up to and including termination of employment.
(C) Individuals and conduct covered.
(1) These policies apply to all employees, whether related to conduct engaged in by fellow employees or someone not directly connected to the town such as a resident, customer of town services, outside vendor, or consultant.
(2) Conduct prohibited by these policies is unacceptable in the workplace and in any work-related setting outside the workplace, such as during business trips, business meetings, and business-related social events.
(D) Retaliation is prohibited. The town encourages reporting of all perceived incidents of harassment or discrimination. It is the policy of the town to investigate such reports. The town prohibits retaliation against any individual who reports harassment or discrimination, or participates in an investigation of such reports.
(E) Reporting an incident of harassment, discrimination, or retaliation.
(1) The town encourages reporting of all perceived incidents of harassment, discrimination, or retaliation, regardless of the offender’s identity or position. Individuals who believe that they have been the victims of harassing conduct should discuss their concerns with their department head, the Town Manager, or the Clerk-Treasurer.
(2) In addition, the town encourages individuals who believe they are being subjected to such conduct to promptly advise the offender that his or her behavior is unwelcome and request that it be discontinued. Often this action alone will resolve the problem. The town recognizes, however, that an individual may prefer to pursue the matter through informal or formal complaint procedures.
(F) Complaint procedures.
(1) If for any reason an individual does not wish to address the offender directly, or if addressing the offender does not successfully end the offensive conduct, the individual should notify his or her department head, the Town Manager, or the Clerk-Treasurer. In addition, there may be instances in which an individual seeks only to discuss matters with one of the town designated representatives, and such discussion is encouraged.
(2) An individual reporting harassment, discrimination, or retaliation should be aware however, that the town may find it necessary to take action to address such conduct beyond an informal discussion. This decision will be discussed with the individual.
(3) As noted above, individuals who believe they have been the victims of conduct prohibited by this policy statement or believe they have witnessed such conduct should discuss their concerns with their department head, the Town Manager, or the Clerk-Treasurer.
(4) The town encourages the prompt reporting of complaints or concerns so that rapid and corrective action may be taken before relationships become irreparably damaged. Therefore, while no fixed reporting period has been established, early reporting and intervention have proven to be the most effective method of resolving actual or perceived incidents of harassment.
(5) Any reported allegations of harassment, discrimination, or retaliation will be investigated promptly. The investigation may include individual interviews with the parties involved and, where necessary, with individuals who may have observed the alleged conduct or may have other relevant knowledge.
(6) Retaliation against an individual for reporting harassment or discrimination, or for participation in an investigation of a claim of harassment or discrimination is a serious violation of this policy and, like harassment or discrimination itself, may be subject to disciplinary action, up to and including termination of employment. Acts of retaliation should be reported immediately and will be investigated and corrective action taken promptly. Corrective action may include retraining, referral to counseling, and/or disciplinary action, up to and including termination of employment, withholding of a promotion or pay increase, reassignment, or temporary suspension without pay as deemed appropriate under the circumstances.
(7) If a party to a complaint does not agree with its resolution, that party may appeal to the Town Council.
(G) Confidentiality. The town will make all reasonable efforts to maintain the confidentiality of all parties involved in a harassment investigation. Confidentiality, however, cannot be guaranteed. For example, some details or identities may need to be revealed in order to fully investigate the harassment complaint.
(H) False claims of sexual harassment, retaliation, and/or discrimination. In order to cover all possibilities of misconduct, the town reserves the right to discipline employees who have falsely accused another of sexual harassment, retaliation, and/or discrimination. This does not mean that a complaint will be considered false solely because it cannot be corroborated.
(I) Conclusion.
(1) The town has developed this policy to ensure that all its employees may work in an environment free from harassment, discrimination, and retaliation. The town will make every reasonable effort to ensure that all necessary persons are familiar with these policies and aware that any complaint in violation of such policies will be investigated and resolved appropriately.
(2) Finally, these policies should not, and may not, be used as a basis for excluding or separating individuals of a particular gender, or any other protected characteristic, from participating in business or work-related social activities or discussions. In other words, no one should make the mistake of engaging in discrimination or exclusion in order to avoid allegations of harassment. The law and the policies of the town prohibit disparate treatment on the basis of sex or any other protected characteristic, with regard to terms, conditions, privileges and prerequisites of employment. The prohibitions against harassment, discrimination, and retaliation are intended to complement and further those policies, not to form the basis of an exception to them. Nothing in this policy shall be interpreted to prohibit or otherwise restrict concerted activities by employees that are protected by law.
(3) Employees should speak with the Town Manager, or the Clerk-Treasurer if they have questions or concerns regarding sexual and other unlawful harassment.
(Ord. 2020-26, passed 1-12-21)