(A) Reporting encouraged. The town encourages reporting of all perceived incidents of discrimination, harassment, 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 supervisor, or the Clerk-Treasurer’s office. 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.
(B) 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 supervisor, or the Clerk-Treasurer’s office.
(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 in an executive session.
(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 supervisor, or the Clerk-Treasurer’s office. 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.
(4) 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 another relevant knowledge.
(5) 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 subchapter and, like harassment or discrimination itself, may be subject to disciplinary action, up to and including termination.
(6) 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, withholding of a promotion or pay increase, reassignment, or temporary suspension without pay as deemed appropriate under the circumstances. If a party to a complaint does not agree with its resolution, that party may appeal to the Town Council.
(C) 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.
(D) 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.
(E) Conclusion.
(1) The town has developed this subchapter 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. Any employee who has any questions or concerns about these policies should speak with the Clerk-Treasurer’s office.
(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.
(3) Nothing in this subchapter shall be interpreted to prohibit or otherwise restrict concerted activities by employees that are protected by law.