§ 34.106 NON-HARASSMENT POLICY.
   (A)   We are committed to providing all employees the opportunity to work in an environment free of illegal harassment. The town strives to provide all staff, clients, and vendors with an environment free of harassment. This can exist only when each employee is assured an atmosphere of mutual respect and one in which each is judged solely on criteria relating to job performance.
   (B)   The town expressly prohibits any form of unlawful employment harassment based on race, color, religion, sex, sexual orientation, gender identity or expression, genetic information, national origin, age, disability, status as Vietnam-era or special disabled veteran, or status in any group protected by state or local law. The town has adopted the following guidelines to deal with any form of harassment that may occur during business hours or on town premises, or in any location where the employee is conducting work.
   (C)   (1)   Sexual harassment includes:
         (a)   Physical assaults or physical conduct that is sexual in nature;
         (b)   Unwelcome sexual advances or comments or requests for sex or sexual activities concerning one’s employment or advancement, regardless of whether they are accompanied by promises or threats;
         (c)   Sexual displays or publications such as calendars, cartoons, or graffiti;
         (d)   Other verbal or physical conduct of a sexual nature which has the purpose or effect of interfering with an individual’s work performance, or creating an intimidating, hostile, or offensive work environment; and
         (e)   Retaliation for complaints of harassment.
      (2)   The town regards all such conduct as creating a hostile and offensive work environment in violation of this policy, regardless of whether submission to such conduct is made either explicitly or implicitly a term or condition of employment. Examples of sexual harassment include sexual propositions, sexual innuendo, sexually suggestive comments, sexually-oriented “kidding,” “teasing,” or “practical jokes,” jokes about gender-specific traits, foul or obscene language or gestures, displays of foul or obscene printed or visual material, and physical contact, such as patting, pinching, or brushing against another’s body; or reading or otherwise publicizing in the work environment, materials that are sexually suggestive or revealing.
   (D)   (1)   Racial, religious, or national origin harassment includes: any verbal, written, or physical act in which race, religion, or national origin is used or implied in a manner which would make a reasonable employee uncomfortable in the work environment or which would interfere with the employee’s ability to perform the job.
      (2)   Examples of race, religious or national origin harassment include:
         (a)   Jokes which include reference to race, religion, or national origin;
         (b)   The display or use of objects or pictures which, adversely reflect on a person’s race, religion, or national origin; and
         (c)   The use of language which is offensive due to a person’s race, religion, or national origin.
   (E)   If you have been a victim of sexual harassment or any other form of illegal harassment or if you witness the illegal harassment of others, you shall immediately report your concerns to a supervisor or the Town Manager. If this is not an option because your supervisor or Town Manager is the harasser, you should contact a member of the Town Council. Each complaint will be treated in a confidential manner, subject to our legal obligation to investigate and respond appropriately to such complaints. Retaliation against anyone involved in reporting an incident of harassment is strictly prohibited. Conversely, we consider filing knowingly false reports of harassment a violation of this policy.
   (F)   Retaliation. The town’s policy prohibits retaliation against any employee by another employee or by the town itself for using this complaint procedure or for filing, testifying, assisting, or participating in any manner in any investigation, proceeding, or hearing conducted by a federal, or state enforcement agency. Prohibited retaliation includes, but is not limited to, demotion, suspension, failure to make employment recommendations impartially, adversely affecting working conditions, or otherwise denying any employment benefit.
(Ord. 2021-OR-031, passed 11-22-21)