(a) Introduction. The Village of Sunbury is committed to work environment free of inappropriate and disrespectful conduct and communication of a sexual nature. Consequently, and in an effort to avoid even the appearance of impropriety, this policy against harassment in some respects exceeds the requirements of applicable law.
The Village of Sunbury strongly opposes sexual harassment in any form. Sexual harassment in the work place by the manager, employee or non-employee, including any vendor or customer, will not be tolerated. Sexual harassment is against Village policy and is a violation of Title VII of the Civil Rights Act of 1964, as well as the applicable laws of the State.
(b) Prohibited Conduct. Sexual harassment refers to behavior of a sexual nature that is not welcome, is personally offensive, debilitates morale or interferes with the work performance and effectiveness of its victims. Unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature constitutes harassment when:
(1) Submission to such conduct is made 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 a basis for an employment decision affecting such individuals; and/or
(3) Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment.
If comments or conduct of a sexual nature are unwelcome by an individual, they may constitute harassment.
(c) Enforcement Procedure. All supervisors are responsible for implementation of the Village's nondiscrimination policies for ensuring that all employees they supervise have knowledge of and understand the policies, and for taking and/or assisting in prompt and appropriate corrective action when necessary to ensure compliance with the policies. All employees are strongly encouraged to use this complaint procedure if they believe they have been subjected to discrimination and/or harassment or have knowledge of any discrimination and/or harassment in the workplace.
The initiation of a complaint, in good faith, shall not under any circumstances be grounds for discipline. It is a violation of Village policy and applicable law for an individual to be disciplined or otherwise disadvantaged as a result of the good faith resort to this complaint procedure.
(d) Definitions.
(1) "Employee" includes all personnel.
(2) "Sexual Harassment" includes any unwarranted or repeated verbal physical sexual advances, sexually explicit, provocative or suggestive statements, innuendo or comments, or sexually oriented conduct or physical conduct, made by another employee which are reasonably offensive or objectionable to the recipient or which reasonably causes the recipient discomfort or humiliation or which reasonably interferes with the recipient's work performance.
(3) This policy also covers other harassment which includes any conduct, words or action based on race, creed, color, religion, sex, age, national origin, handicap, disability or veteran's status, which reasonably causes the recipient discomfort or humiliation, or which is reasonably offensive or objectionable to the recipient or which reasonably interferes with the recipient's work performance.
(4) "Shall" is mandatory, not permissive.
(e) Complaint Procedures.
(1) We encourage all employees to attempt to resolve the problem by informing the person doing the harassment or creating the hostile environment to cease and desist. If the employee feels uncomfortable doing so, or if talking to the person does not solve the problem, the employee should report their concerns to any supervisor, the Village Administrator, the Mayor or the Solicitor.
(2) A complaint of sexual harassment or unwanted conduct shall be promptly investigated. Every effort will be made to handle all such complaints in fair, impartial and speedy manner, with concern for the principles of fairness. In order to protect both the person making the complaint and the person(s) against whom the complaint is made, every reasonable effort will be made to handle all complaints in a confidential and discreet manner.
(3) All supervisory personnel shall be expressly responsible for immediately reporting any occurrences they witness or of which they become aware.
(4) Retaliatory action or conduct of any kind taken by any employee of the Village of Sunbury against an employee as a result of that employee having sought redress under this policy and procedure is strictly prohibited and shall be regarded as a separate and distinct violation of this policy.
(5) Any questions, concerns or other inquiries regarding the conduct that is prohibited by this policy or the procedures contained herein shall be directed immediately to the Village Administrator, Mayor or Solicitor.
(f) Non-Compliance. Failure to comply with the provisions of this section may result in appropriate disciplinary action up to and, including discharge.
(Ord. 2011-11. Passed 7-6-11.)