Personnel policies — See Ch. 50.
It is the policy of the Village of Monticello to provide and maintain a work environment which is free from unlawful discrimination. Sexual harassment is a form of unlawful discrimination and is prohibited in each and every work environment and each and every situation which directly impacts the work environment.
The Village of Monticello considers sexual harassment to be a form of employee misconduct and considers this type of misconduct to be a serious offense which will not be tolerated. Allegations of sexual harassment will be investigated thoroughly and if substantiated, will be met with appropriate corrective and/or disciplinary action commensurate with the seriousness of the offense(s) and in accordance with the parameters of applicable collective bargaining agreements and/or state law.
As used in this chapter, the following terms shall have the meanings indicated:
Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when:
Submission to such conduct is made explicitly or implicitly a term or condition of an individual's employment (e.g., promotion, training, assignments, etc.);
Submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting such individual; or
Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment.
Examples of specific behaviors that may be considered sexual harassment include, but are not limited to:
Spoken or written words related to an employee's sex.
Any sexual advance that is unwelcome.
Sexually oriented comments.
Showing or displaying pornographic or sexually explicit objects or pictures in the workplace.
Offensive touching, patting or pinching.
Requests for sexual acts or favors.
Abusing the dignity of an employee through insulting or degrading sexual remarks or conduct.
Threats, demands or suggestions that an employee's work status is contingent upon her/his toleration of or acquiescence to sexual advances.
Subtle pressure for sexual activities.
Leering at a person.
Sexual harassment is gender neutral.
Reporting sexual harassment.
If an individual is subjected to a situation which he/she believes constitutes sexual harassment in violation of this policy, the village recommends that the employee confront the harasser directly and advise the harasser that his/her behavior is not welcomed and will not be tolerated; note that neither this policy nor state/federal law requires that an individual tell an alleged harasser to stop his/her actions. Employees should feel free to keep written records of any alleged sexual harassment incidents, including the date, time, location, names of people involved, witnesses, if any, and who said or did what to whom.
If an alleged incident of sexual harassment cannot be resolved directly between the parties involved, a formal complaint should be filed by the affected employee with the employee's immediate supervisor. In the event that the employee does not believe it would be appropriate to file the complaint with the immediate supervisor, it may be filed directly to the appropriate department head or to the Village Manager.
Sexual harassment complaints will be investigated as promptly as possible and resolved within a reasonable time after the receipt of the complaint. The Office of the Village Manager will coordinate an investigation of the complaint. Following the investigation, the Village Manager shall issue a written report of findings and conclusions to the Mayor.
This report of the Village Manager shall constitute the initial determination.
In the event that the employee who filed the complaint does not agree with the initial determination, the employee may appeal the initial determination to the Mayor for a final determination.
If no appeal is taken within 30 calendar days from the date of the Village Manager's initial determination, said determination will constitute the final determination in the matter.
The Mayor will review all of the facts and circumstances of the matter and will have the right to receive additional materials prior to rendering a final determination. Said final determination will be issued within 30 calendar days from the appeal.
In the event that a complaint of sexual harassment is determined to be founded, the village will take action in accordance with the provisions of applicable collective bargaining agreements and/or state law.
If disciplinary charges are filed against an employee on the grounds that the village has determined the employee is guilty of sexual harassment, the accused employee may exercise his/her rights through the disciplinary procedure provided for in his/her labor contract and/or state law.
Reporting of a false complaint is a serious act. In the event that it is found that the individual bringing the complaint has made false accusations, the village will take action in accordance with the provisions of the applicable collective bargaining agreement and/or state law.
All information gathered during an investigation of a sexual harassment complaint will be handled in a confidential manner, to the extent possible.
Retaliation against any individual making a sexual harassment complaint or assisting in the investigation of such a complaint is forbidden.
This policy does not preclude the filing of sexual harassment complaints with either the New York State Division of Human Rights or the Federal Equal Employment Opportunity Commission, or the pursuing of any other remedies as permitted by law.
Responsibilities of managers/supervisors.
All managerial and supervisory personnel of the Village of Monticello shall be responsible for enforcing this policy and shall have particular responsibility for ensuring that the work environment under their supervision is free from sexual harassment and its effects. Failure of a manager or supervisor to comply with this responsibility may result in disciplinary action.
All managerial and supervisory personnel who receive sexual harassment complaints will be responsible for immediately forwarding such complaints to the Office of the Village Manager.
The Village of Monticello will conduct periodic training for managerial and supervisory personnel in each department of the village on the issues surrounding sexual harassment, its effects and its appearances, and the role and responsibility of managerial/supervisory personnel in preventing incidents of sexual harassment complaints.
The Village of Monticello shall distribute this policy to all village employees and all others covered by its parameters. Copies of this policy will be distributed to new employees as they are hired.
Copies of this policy will be conspicuously posted.