[Adopted 11-21-2001 by Ord. No. DR-18]
The City of Hoboken (hereinafter referred to as the "City" has
a strong commitment to provide a work environment free from unlawful
harassment based on sex, race, color, religion, national origin, age,
disability, ancestry, atypical hereditary cellular or blood trait
(AHCBT), liability for service in the Armed Forces of the United States,
creed, handicap, marital status, nationality, genetic information,
refusal to submit to genetic testing, refusal to provide genetic information,
or race of that person, or of that person's spouse, partners, members,
stockholders, directors, officers, managers, superintendents, agents,
employees, business associates, suppliers, or customers (collectively
the "protected classifications"). The City will not tolerate unlawful
harassment. Acts or incidents of unlawful harassment should be promptly
reported in accordance with the procedures outlined below. The City
will promptly investigate all reports of unlawful harassment. Employees
who violate this policy will be subject to disciplinary action up
to and including termination from employment. Employees who violate
this policy also risk personal legal liability.
To ensure all employees of the City of Hoboken a work environment
free of any type of unlawful discrimination, including freedom from
harassment on the basis of any protected classification.
Conduct that may violate this policy and result in disciplinary
action includes the following:
A.
Unwelcome remarks and actions based on the protected classifications.
This may include, but is not limited to, inappropriate jokes, comments
or posted materials.
B.
Threats or suggestions that an employee's employment work status
will be adversely affected based upon the protected classifications.
C.
Affecting or denying employment opportunities or benefits to an employee
based upon the protected classifications.
D.
Engaging in a negative tangible employment action based upon the
protected classifications.
E.
Retaliation against an employee who has reported any alleged violation
of this policy or participated in an investigation related to this
policy.
A.
An important note must be made with respect to sexual harassment.
Sexual harassment is defined as any unwelcome advance or request for
sexual favors or any conduct of a sexual nature where:
(1)
Submission is made explicitly or implicitly a term or condition of
employment; or
(2)
Submission to or rejection of harassing conduct or communication
is used or is threatened to be used as the basis of employment decisions;
or
(3)
Such conduct has the purpose or effect of substantially interfering
with an individual's work or creates an intimidating, hostile, or
offensive working environment.
B.
Sexual harassment is different from sexual attraction or flirtation.
Sexual harassment is unwelcome sexual attention which is demeaning
and causes the recipient distress. Sexual harassment does not refer
to occasional compliments. However, comments or behavior which may
be intended to be complimentary may be viewed by the recipient as
unwelcome and a form of sexual harassment.
C.
Special care must be exercised by supervisors and managers whose
actions or remarks may be mistakenly perceived as unlawful harassment.
The subordinate may feel inhibited and may not disclose the unwelcome
actions or remarks by the supervisor or person of higher rank. Unlawful
harassment is not limited, however, to employees of different rank.
Any employee who feels he or she has been subject to harassment
or has knowledge of a violation of this policy should report the incident
directly to the employee's direct supervisor or department director
or corporation counsel. The employee should complete a harassment
complaint form. Employees, however, are not required to complete the
complaint form to initiate a harassment complaint under this policy.
The supervisor, director or corporation counsel must be promptly advised
of such complaint. If the complaint involves a direct supervisor,
the employee is not required to complain to the direct supervisor.
The complaint should then be made to any of the other above mentioned
individuals.
A.
Once a complaint has been registered, a prompt and thorough investigation
will be conducted to determine the meritorious character of the complaint.
B.
In the event that it is determined that the complaint has merit,
the supervisor, director or corporation counsel shall promptly thereafter
schedule a hearing on the complaint. If the complaint has not been
issued in writing, the complainant shall cause the complaint to be
set forth in writing specifying details of the incident or incidents
complained of.
C.
If the City determines that unlawful harassment has occurred in violation
of this policy, the individual who engaged in such harassing conduct
shall face immediate and appropriate disciplinary action based upon
the severity of the complaint and any prior history of past charges
against and disciplinary action involving the individual. Disciplinary
action may include a written warning, suspension, demotion, and/or
termination of employment. At the discretion of the supervisor, director
or corporation counsel, the accused may be suspended without pay pending
the hearing. In the event that the charges or the complaint is determined
to be without merit and is dismissed following the suspension of the
accused, the accused shall be reinstated with back pay.
D.
In the event that the supervisor, director or corporation counsel
determine the complaint to be without any merit and/or a fabrication,
appropriate disciplinary action may be taken against the employee
who caused the complaint to be executed.
The City of Hoboken encourages victims of harassment to bring
their complaints to management by ensuring that no reprisals or retaliation
will result against such complaining individual as a result of the
good faith reporting of harassment. In addition, anyone who assists
in the filing of a complaint or in the investigation of a claim of
harassment will be protected from reprisals and retaliation. Reprisal
or retaliation may be the basis of a separate complaint, even if the
complaint of harassment may be found to be without merit.
To the fullest extent possible and so long as it does not inhibit
the conducting of an investigation, all persons involved with a harassment
complaint will be given the utmost protection of privacy.
Because the City of Hoboken prohibits harassment of its employees
in any form, any individual charged with harassment in a civil action
or by way of an administrative complaint shall be solely responsible
for paying all costs of defense and/or any damages resulting therefrom
which shall be awarded by proper court of law or by an administrative
hearing.
Any employee with questions regarding the City's policy against
harassment may contact the supervisor, director or corporation counsel.