(a) Discussion/Definitions.
(1) Pursuant to state and federal employment laws, and by policy of the Borough, employees shall not make offensive or derogatory remarks based on race, color, sex, religion, or national origin directly or indirectly to another person.
(2) Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
A. Submission to such conduct is made either explicitly or implicitly as a term or condition of employment.
B. Submission to or rejection of such conduct by an employee is used as the basis for employment decisions affecting the employee.
C. Such conduct has the purpose or effect of unreasonably interfering with an employee's work performance, or creates an intimidating, offensive or hostile working environment.
(b) Employee Responsibilities.
(1) Each supervisor shall be responsible for preventing acts of harassment. This includes:
A. Monitoring work units daily for signs of harassment.
B. Advising all employees on the types of prohibited behavior, and procedures for reporting and resolving complaints.
C. Stopping any observed acts that may be considered harassment, whether or not the employee(s) are within their line of supervision.
D. Taking immediate action to limit the work contact between employees where there has been a harassment complaint pending investigation.
(2) Each supervisor has the responsibility to assist any employee of the Borough who comes to that supervisor with a harassment complaint, in documenting and filing the complaint.
(3) Each employee is responsible for assisting in preventing harassment by:
A. Refraining from participation in, or encouragement of harassing behavior.
B. Reporting incidents of harassment to a supervisor.
C. Encouraging any employee who has been harassed to report incidents to a supervisor.
(4) Failure to take action to stop known harassment shall be grounds for discipline pursuant to Borough policy on disciplinary action.
(c) Complaint Procedure.
(1) Employees shall document all incidents of harassment in order to provide the fullest possible basis for investigation.
(2) Any employee who believes that they are being harassed shall report the incident to their supervisor as soon as possible so that appropriate steps may be taken to protect the employee, and an investigation may be organized. When this is not practical, an employee may report incidents to any supervisory personnel, including councilpersons.
A. The supervisor to whom the complaint is given shall meet with the employee and document the incidents, person(s) performing such incidents, and dates of occurrence.
B. The supervisor shall then quickly turn the complaint over to the Borough Manager or, if the complaint is against the Borough Manager, the President of Council, who shall be responsible for creating an internal investigation team to investigate the complaint.
(3) The internal investigation team shall proceed with a presumption of innocence towards the accused, and will fully investigate all allegations made in the complaint(s).
A. The internal investigation team shall immediately notify the Borough Solicitor, and Police Chief if the complaint contains evidence of criminal activity.
B. The internal investigation team shall make determination of whether other employees were harassed, or participated in or encouraged harassment.
C. The internal investigation team shall inform all parties as to the outcome of their investigation.
D. Files of harassment complaints shall be maintained in a secure location.
(4) There shall be no retaliation for an employee filing a harassment complaint, or assisting with the investigation of a complaint.
(5) Employees accused of harassment may file a grievance or appeal in accordance with Borough policy and collective bargaining agreements if they disagree with the investigation or disposition of a harassment claim.
(6) This policy does not preclude any employee from filing a complaint or grievance with an appropriate outside agency.
(Res. 3055. Passed 2-17-97.)