(A) The appointment, promotion and tenure of every employee shall be conditioned solely on merit and fitness and the satisfactory performance of the duties and responsibilities assigned. No employee or applicant for employment shall be discriminated against on the basis of race, color, religion, sex, age, political affiliation or disability. Also consistent with its commitment to provide equal employment opportunities, the town will not tolerate any form of employee harassment, including sexual harassment, harassment based upon race, gender, national origin, religion, age or disability.
(B) (1) Sexual harassment. SEXUAL HARASSMENT is defined as any unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature when submission to that conduct is made either explicitly or implicitly a term or condition of an individual’s employment, submission to or rejection of the conduct by an individual is used as the basis for employment decisions affecting those individuals or the conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.
(2) Other harassment. Any conduct which has the purpose or effect of unreasonably interfering with an individual’s work performance or creating any intimidation, hostile or offensive work environment, based on that individual’s race, gender, national origin, religion, age or disability, is also unlawful and will not be tolerated.
(3) Education. The Personnel Director shall be responsible for formally notifying all employees, department directors, elected or appointed officials and volunteers of this policy. Periodic training on the topic of offensive behavior and harassment may be conducted and offered to all employees, elected and appointed officials and others.
(4) Reporting possible harassment. Any employee who feels he or she has been harassed should immediately contact either the director of the department in which he or she works, the Personnel Director or Manager to report the situation. All other employees, including supervisors or directors who become aware of possible harassment of an employee, either as a result of having received a complaint directly from the employee or from any other reliable source of information, or from his or her personal observations, should report the situation to the Personnel Director or the Manager.
(5) Implementation and no reprisals. The Manager and the department directors are responsible for creating a productive work environment in which offensive conduct or harassment is completely out of place, taking immediate and appropriate corrective action in response to any confirmed violation of this policy, and assuring that no reprisals are taken against those who complain or against corroborating witnesses.
(6) Enforcement and investigation. The town is committed to thoroughly investigate each complaint and take immediate and appropriate corrective action on all confirmed violations of this policy. The Personnel Director is responsible for the operation of this policy, providing counsel and resolving any unsettled questions which may arise from this policy. The Manager/Personnel Director, the appropriate department director or the Council is responsible for thoroughly investigating and resolving any complaints. The Personnel Director shall be responsible for overseeing the investigation of any complaint of harassment. The goal will be to investigate any complaint promptly and thoroughly. Furthermore, to the extent possible, a harassment complaint, as well as the investigation of any complaint, shall be kept confidential. Following the investigation, the Personnel Director shall take (or recommend, if appropriate) appropriate corrective action on all violations of this policy against harassment.
(C) Penalties. Any violation of this policy will result in appropriate discipline being taken. The appropriate action to be taken necessarily will depend on consideration of all the circumstances in a particular situation.
(1991 Code, § 3-3-2) (Ord. 91-1995, passed 4-17-1995)