[HISTORY: Adopted by the Town Council of the Town of Phillipsburg
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-3-1999 by Ord. No. O:99-13
(Ch. 54B, Art. I of the 1969 Code)]
The following conduct, on the part of the Town, its agents, servants
and employees, is hereby proscribed and declared to be in violation of this
article:
A.
To refuse to hire, promote or to otherwise adversely
affect an individual based on sexual stereotype or preference.
B.
To discriminate against a Town employee regarding rate
of pay, benefits or other incidents of employment.
C.
The classification of jobs as male or female or the maintenance
of separate progression or seniority lists based on sex.
D.
To advertise for employment with the Town in a way that
indicates preference, limitation, specification or discrimination based on
sex unless sex is a bona fide occupational qualification for a particular
job.
E.
To make preemployment inquiries for Town employment which
address any limitation or specification as to sex.
F.
To make unwelcome sexual advances, requests for sexual
favors or other verbal or physical conduct of a sexual nature, where the conduct
is harassing.
(1)
Submission to said conduct is either explicitly or implicitly
a term or condition of employment;
(2)
The employee's response to such conduct is used as a
basis for employment decisions affecting the individual; or
(3)
The harassing conduct unreasonably effects or interferes
with the individual's work performance by creating a hostile environment.
A.
Who may file.
(1)
Any Town employee who feels that they have been the victim
of discrimination, or who witnessed acts of discrimination against a fellow
employee of the Town, may file a complaint of discrimination with the following
persons, but solely in the specific order listed below:
(2)
Any filing of a complaint to a person other than the
complainant's direct supervisor must be accompanied by statement that the
persons to whom the complaint should otherwise be addressed, pursuant to the
list above, cannot, in the mind of the complainant, be objective about the
discrimination charge the complainant wishes to file.
B.
Contents of filing.
(1)
The complaint filed must include the following information:
(a)
The name, department and position or title of the complainant.
(b)
The name, department and position or title of the charged
party.
(c)
The nature and circumstances, in detail, of the alleged
discrimination, including but not limited to, the injuries or consequences
suffered by the complainant, the names of any witnesses to such actions and
the duration of the actions questioned.
(d)
Whether such discrimination has been previously reported
to a supervisor or other person and, if so, when and to whom.
(2)
Nothing in this section shall prevent the complainant
from providing other information or documents they believe are essential to
the fair review of their case.
(3)
The filing may be made orally or in writing. If the same
is made orally, the person receiving the complaint shall reduce the same to
a writing, which shall, if it is deemed accurate, be signed by the complainant.
A.
The Mayor shall promptly commence an investigation of
the allegations of discrimination which may include interviews and written
statements from the victim, the alleged harasser and any witnesses. The Mayor
may request the assistance of the Town Attorney, other supervisory personnel
or outside sources in conducting the investigation. Confidentiality shall
be maintained throughout the investigation process.
B.
A written report of the investigation shall be prepared
by the Mayor within three days of the conclusion of the investigation with
a copy sent to the victim and alleged party conducting discriminatory practices.
The Mayor may initiate any remedial or disciplinary action the Mayor deems
necessary.
C.
Standard for determination of responsibility. The Mayor
or his designee shall determine that a charged party is not guilty of the
offense of discrimination unless he finds, based upon the investigation, that
substantial, credible evidence supports the conclusion that:
If any individual is aggrieved with the investigation, findings and/or
remedies pursuant to this policy, he or she may assert any right of appeal
contained in the applicable collective bargaining agreements or Department
of Personnel rules and regulations, if appropriate, file a complaint with
the New Jersey Division on Civil Rights or pursue any other civil remedy.
A.
If the allegations of discrimination are found to be
meritorious, the Mayor shall immediately institute remedial and/or corrective
action which may include counseling, change in work assignments or disciplinary
action up to and including termination. Any disciplinary action shall be consistent
with applicable collective bargaining agreements and the New Jersey Department
of Personnel rules and regulations. The victim of discrimination shall be
informed of the nature of any disciplinary action taken.
B.
The Mayor may monitor future conduct of the parties involved
in order to reasonably ensure that the remedial action taken has been effective
in stopping the harassment and that no retaliation has occurred.
C.
The Town hereby makes it its official policy to encourage
all of its employees to use the procedures detailed herein when they witness
conduct against other Town employees which might constitute discriminatory
conduct.
If any individual is aggrieved with the investigation, findings, and/or
remedies pursuant to this policy, he or she may assert any right of appeal
contained in the applicable collective bargaining agreements or Department
of Personnel rules and regulations, if appropriate, or file a complaint with
the New Jersey Division on Civil Rights, or pursue any other civil remedy.
To the extent permitted by law, the Town will not be liable in damages
obtained against it as a result of a decision of a nonlocal agency or court
of superior jurisdiction unless the complainant has exhausted all local administrative
remedies described.
[Adopted 8-3-1999 by Ord. No. O:99-14
(Ch. 54B, Art. II of the 1969 Code)]
As used in this article, the following words shall have these specific
definitions:
Any person, including a Town employee, against whom a charge of sexual
harassment is filed.
Any Town employee who brings or files a charge of sexual harassment.
A factual finding by the Mayor or his designee that a charged party
has committed an offense or offenses rising to the level of sexual harassment,
to wit: through severe and pervasive verbal and/or physical conduct of a patently
offensive nature not welcomed by the complainant not only created a work environment
that would interfere with the performance and psychological well-being of
a reasonable person of the same sex but also specifically offended and injured
the complainant; said harassment being considered a type of sexual harassment.
The person supervising or administering the investigation regarding
a sexual harassment complaint or complaints. Normally, this shall be the Mayor
or his designee unless circumstances dictate otherwise.
A factual finding by the investigator that a charged party has committed
an offense or offenses rising to the level of sexual harassment, to wit: made
unwelcome sexual advances motivated by sexual desires upon a complainant,
where the reaction of the complainant to the advance affected a tangible aspect
of the terms of their employment with the Town, said harassment being considered
a type of sexual harassment.
Any act of any Town official taken to punish, discourage or intimidate
those persons who have or may either become a complainant or assist in the
investigation of a legitimate sexual harassment complaint.
Includes the following:
Any unwelcome sexual advances, requests for sexual favors and other
verbal or physical conduct of a sexual nature when submission to such conduct
is made either explicitly or implicitly a term or condition of a person's
employment; or submission to or rejection of such conduct by a person is used
as a basis for employment decisions affecting that person; or such conduct
has the purpose or effect of unreasonably interfering with a person's work
performance; or such conduct creates an intimidating, unpleasant or offensive
work environment.
Hostile work environment harassment; and
Quid-pro-quo sexual harassment.
A.
Who may file.
(1)
Any Town employee who feels that they have been the victim
of sexual harassment, or who witnessed acts of sexual harassment against a
fellow employee of the Town, may file a complaint of sexual harassment with
the following persons, but solely in the specific order listed below:
(2)
Any filing of a complaint to a person other than the
complainant's direct supervisor must be accompanied by a statement that the
persons to whom the complaint should otherwise be addressed, pursuant to the
list above, cannot, in the mind of the complainant, be objective about the
sexual harassment charge the complainant wishes to file.
B.
Contents of filing.
(1)
The complaint filed must include the following information:
(a)
The name, department and position or title of the complainant.
(b)
The name, department and position or title of the charged
party.
(c)
The nature and circumstances, in detail, of the alleged
sexual harassment, including but not limited to the injuries or consequences
suffered by the complainant, the names of any witnesses to such actions and
the duration of the actions questioned.
(d)
Whether such harassment has been previously reported
to a supervisor or other person, and if so, when and to whom.
(2)
Nothing in this section shall prevent the complainant
from providing other information or documents they believe are essential to
the fair review of their case.
(3)
The filing may be made orally or in writing. If the same
is made orally, the person receiving the complaint shall reduce the same to
a writing, which shall, if it is deemed accurate, be signed by the complainant.
A.
The Mayor shall promptly commence an investigation of
the allegations of sexual harassment which may include interviews and written
statements from the victim, the alleged harasser and any witnesses. The Mayor
may request the assistance of the Town Attorney, other supervisory personnel
or outside sources in conducting the investigation. Confidentiality shall
be maintained throughout the investigation process.
B.
A written report of the investigation shall be prepared
by the Mayor within three days of the conclusion of the investigation with
a copy sent to the victim and alleged harasser. The Mayor may initiate any
remedial or disciplinary action the Mayor deems necessary.
C.
Standard for determination of guilt. The Mayor or his
designee shall determine that a charged party is not guilty of the offense
of sexual harassment unless he finds, based upon the investigation, that substantial,
credible evidence supports the conclusion that:
If any individual is aggrieved with the investigation, findings and/or
remedies pursuant to this policy, he or she may assert any right of appeal
contained in the applicable collective bargaining agreements or Department
of Personnel rules and regulations, if appropriate, file a complaint with
the New Jersey Division on Civil Rights or pursue any other civil remedy.
A.
If the allegations of sexual harassment are found to
be meritorious, the Mayor shall immediately institute remedial and/or corrective
action which may include counseling, change in work assignments or disciplinary
action up to and including termination. Any disciplinary action shall be consistent
with applicable collective bargaining agreements and the New Jersey Department
of Personnel rules and regulations. The victim of sexual harassment shall
be informed of the nature of any disciplinary action taken.
B.
The Mayor may monitor future conduct of the parties involved
in order to reasonably ensure that the remedial action taken has been effective
in stopping the harassment and that no retaliation has occurred.
C.
The Town hereby makes it its official policy to encourage
all of its employees to use the procedures detailed herein when they witness
conduct against other Town employees which might constitute the offense of
sexual harassment.
If any individual is aggrieved with the investigation, findings and/or
remedies pursuant to this policy, he or she may assert any right of appeal
contained in the applicable collective bargaining agreements or Department
of Personnel rules and regulations, if appropriate, or file a complaint with
the New Jersey Division on Civil Rights, or pursue any other civil remedy.
To the extent permitted by law, the Town will not be liable in damages
obtained against it as a result of a decision of a nonlocal agency or court
of superior jurisdiction unless the complainant has exhausted all local administrative
remedies described.
A.
Dissemination of the Town policy against sexual harassment.
The Mayor shall be obligated to undertake the following steps:
(1)
Post in at least two or more prominent locations within
the municipal building the one-page document entitled "Sexual Harassment Policy
for the Town of Phillipsburg."
(2)
Provide to all current employees of the Town a true and
complete copy of this article within 30 days of its effective date.
(3)
Provide to all persons hired as employees of the Town
subsequent to the effective date of this article a true and complete copy
of this article within 30 days of their hire date.
(4)
Issue a memorandum to all Town employees on or about
November 1, 1993, and each November 1 thereafter concerning the policy of
this Town against sexual harassment.
(5)
Discuss the policy against sexual harassment during any
new employee orientation meetings, seminars or training sessions held subsequent
to the effective date of this article.
B.
Periodic training of all Town employees in reference
to sexual harassment.
(1)
All management and supervisory employees of the Town
as well as all elected officials of the Town shall undergo training, in one
or more sessions, with a person trained to lead or implement such training,
said training to include a detailed discussion of the following:
(a)
The procedures for the filing of a sexual harassment
charge as outlined in this article.
(b)
The specifics of quid-pro-quo harassment and hostile
environment harassment and the differences between the two types.
(c)
What constitutes unwelcome conduct.
(d)
The manner of investigation which assures complete and
prompt investigations.
(e)
Management's obligations regarding harassment of which
it is aware, or alternatively, should be aware.
(f)
Procedures to be installed to ensure the confidential
nature of information gathered during an investigation.
(g)
The manner in which the interests of both the charged
party and the complainant can be balanced.
(h)
Recordkeeping requirements.
(2)
The above-described personnel shall be required to undergo
this training on or before October 1, 2000, and every three years thereafter.
(3)
All other employees of the Town shall undergo training,
led by a person trained to lead such sessions, to raise their awareness and
understanding of the consequences of their behavior and to reduce confusion
about which actions or conduct is acceptable and which is not. These employees
shall be required to undergo this training on or before October 1, 2000, and
every two years thereafter.
Nonemployees of the Town, including but not limited to those interacting
with Town employees as vendors of goods and services, independent contractors,
substitute or temporary workers or full-ins, shall also be subject to each
and every term of this article should it be alleged by a complainant that
they committed an act or conducted themselves in such a way as to commit an
offense of sexual harassment.
The Town shall not take any retaliation against any employee who files
a complaint or assists in the investigation of such a complaint.
A.
Since a charge of sexual harassment is a grave and serious
one, false accusations of sexual harassment are, and will be treated as, a
disciplinary offense and will result in a level of punishment appropriate
for a person actually engaging in such behavior.
B.
A person who knowingly and/or recklessly fails to give
truthful testimony to the investigator or the Hearing Board, as same are established
by this article, shall also be guilty of having made false accusations.
