[Adopted 3-29-1988 by L.L. No. 9-1988 (Ch. 82, Art. III,
of the 1985 Code)]
A.Â
This Legislature hereby finds and determines that the evolution of
the marketplace has resulted in an environment in which it is increasingly
acceptable for women to enter the workplace in ever-increasing numbers.
B.Â
This Legislature further finds and determines that, as a result of
this phenomenon, women employees have become increasingly vulnerable
to exploitation and harassment in the workplace for a variety of reasons,
including the unfounded belief on the part of many employees that
advances by women in the workplace constitute a threat to the jobs
and security of other employees. This, in turn, has led to unacceptable
incidents of intimidation, coercion and harassment in the context
of sexual overtures, as well as physical abuse, in the workplace.
C.Â
This Legislature also finds and determines that recent occurrences
in the Suffolk County workplace brought to light during 1987 have
exposed the County to potential liability for monetary damages arising
out of such allegations of sexual harassment and have also evidenced
a lack of clearly articulated, objective standards, criteria or regulations
which would discourage, deter and ultimately preclude such acts of
sexual harassment in the County work force.
D.Â
The Legislature also acknowledges and recognizes that, as women employees
advance within the County work force to positions of increasing power,
clearly articulated standards of behavior should be equally applicable
to County employees of both sexes.
E.Â
Therefore, the purpose of this article is to fill a vacuum in County
employment practices by establishing explicit, objective standards,
criteria and regulations of behavior for County employees which will
discourage, deter and prohibit acts of sexual harassment within the
County work force. The purpose of this article is to also create a
mechanism to respond to and handle allegations of sexual harassment
in the County workplace.
As used in this article, the following terms shall have the
meanings indicated:
The officer, commissioner or body having the power of appointment
to subordinate positions in Suffolk County government.
The County of Suffolk.
The Suffolk County Director of Personnel and Labor Relations.
Any title, office or employment involving an aggregation
of duties to be performed and responsibilities to be exercised by
one person authorized in the Suffolk County operating budget, including
the Suffolk County Community College budget, the incumbent of which
is to be chosen in accordance with the New York Civil Service Law
and Suffolk County Civil Service Rules and/or any title, office or
employment involving an aggregation of duties to be performed and
responsibilities to be exercised by one person, the incumbent of which
is in the competitive jurisdictional class, but who has not received
permanent competitive status in Suffolk County, or who is in the noncompetitive,
exempt, unclassified jurisdictional classes, including elected officials
or department heads.
The conditioning of concrete employment benefits on sexual
favors.
Requests for actual participation in sexual conduct that
are not solicited or incited by the recipient of such requests.
A.Â
Any individual holding a position of employment in County government
shall comply with the following guidelines, standards and criteria:
(1)Â
No individual holding a position of employment in County government
shall impose unwelcome sexual advances upon any other individual holding
a position of employment in County government, request sexual favors
of such employee, engage in verbal or physical contact of a sexual
nature with such employee or make favorable response to such sexual
advances or requests an explicit or implicit term or condition of
an individual's employment with the County.
(2)Â
No individual holding a position of employment in County government
shall utilize submission to or rejection of such sexual advances,
requests for sexual favors or either verbal or physical contact of
a sexual nature as the basis for employment decisions affecting individuals
either seeking or holding a position of employment in County government.
(3)Â
No individual holding a position of employment in County government
shall engage in conduct of a sexual nature or connotation which has
the purpose or effect of unreasonably interfering with the work performance
of another individual holding a position of employment in County government
or which has the purpose or effect of creating an intimidating, hostile
or offensive work environment for any County employee, regardless
of the sex of such employee.
(4)Â
Every appointing authority or head of a department of County government,
whether appointed thereto or elected thereto, shall issue, promulgate
and distribute a written statement to every employee of said department
or governmental entity expressing strong, explicit disapproval of
sexual harassment in the County workplace and expressly informing
County employees of their right to raise and how to raise issues of
sexual harassment under both the provisions of this article and pertinent
rules, guidelines and regulations of the Federal Equal Employment
Opportunity Commission (see 29 CFR 1604.11 and 420 U.S.C. § 2000-e
and 2N). This written policy statement shall include a designation
of a supervisory official in the pertinent department or governmental
entity to whom allegations of sexual harassment may be reported.
B.Â
Every County employee holding a position of employment on the effective date of this article shall receive a written copy of the guidelines, standards and criteria set forth in Subsection A above within 30 days after the effective date of this article. All other County employees appointed to a position of employment subsequent to the effective date of this article shall receive a copy of these guidelines, standards and criteria within 30 days subsequent to commencement of employment.
A.Â
Any individual holding a position of employment in County government
who believes that an incident of sexual harassment has been perpetrated
against him or her shall comply with the following procedure:
(1)Â
A written complaint outlining the alleged incident of sexual harassment in sufficient detail to adequately describe the nature of the harassment shall first be filed by the employee with the Director, copies of which shall be presented to the employee's designated supervisor set forth in § 110-17A(4) of this article, with one copy to be retained by the pertinent department. Such a written complaint may only be filed with the Director if the alleged harassment has initially been reported to the designated supervisor set forth in § 110-17A(4) of this article and 60 days have elapsed without a satisfactory resolution of the matter by the designated supervisor set forth in § 110-17A(4) of this article resulting in the termination of such alleged harassment or in the voluntary withdrawal or termination of the complaint. In the event that the designated supervisor is the alleged defendant in the matter to be investigated, then the written complaint shall be referred directly to the Director. In the event that the Director is the alleged defendant in the matter to be investigated, then the written complaint shall be referred directly to a Deputy County Executive designated by the County Executive to handle such matters.
(2)Â
Investigations.
(a)Â
The Director shall investigate said allegations, interview such
witnesses and employees as may be necessary and sufficient to adjudge
the validity of such claim or allegation of sexual harassment and
shall conduct a formal hearing on the charges in those instances in
which the Director finds that:
[1]Â
The employee appears to have been subjected to unwelcome sexual
harassment in the form of sexual advances or requests for sexual favors;
[2]Â
The harassment was based exclusively upon sex; and
[3]Â
The harassment affected tangible aspects of the employee's
compensation, terms, conditions or privileges of employment.
(b)Â
In determining whether alleged conduct constitutes sexual harassment,
the Director shall look at the record as a whole and at the totality
of circumstances, such as the particular employment relationship,
the job function of the pertinent individuals, the nature of the alleged
conduct and the context in which the alleged incidents occurred.
(3)Â
The employee, both complainant and defendant, if he or she chooses,
may be represented by counsel or union representatives at such hearing
before the Director.
(4)Â
The Director shall issue a written decision, including both findings and conclusions, determining the validity of such allegations of sexual harassment within 90 days after the receipt of such written complaint, copies of which decision shall be filed with the complainant, the individual alleged to have committed the sexual harassment, the pertinent department head, the County Executive and the Chairman of the Legislative and Personnel Committee of the County Legislature. A copy of such decision shall also be placed in the personnel files of the pertinent employees involved as complainant and accused in the hearing. This decision shall include recommendations, if any, as to the action to be taken against the individuals so charged with sexual harassment, including, if necessary, disciplinary proceedings under § 75 of the New York Civil Service Law.
(5)Â
If the decision of the Director is not satisfactory to either the
alleging party or the defendant, any party so aggrieved may bring
an action to challenge said decision under Article 78 of the New York
Civil Practice Law and Rules no later than 90 days after the date
of the issuance of said findings and determination.
B.Â
The Legislative and Personnel Committee of the County Legislature
shall exercise oversight over the process set forth in this section
and shall refer all allegations of sexual harassment brought to its
attention to the Director for review in accordance with the procedures
set forth in this section.
C.Â
The Director shall establish, issue and promulgate a graduated schedule
of penalties and disciplinary actions to be assessed and instituted
in accordance with the severity of any finding and determination of
sexual harassment, which schedule shall be filed with the Clerk of
the County Legislature no later than 90 days after the effective date
of this article. This schedule of penalties and disciplinary actions
shall not take effect unless and until approved and ratified by a
majority of the entire membership of the County Legislature via duly
enacted resolution.
The Director shall issue and promulgate such rules and regulations
as he may deem necessary to implement and carry out the provisions
of this article.[1]
[1]
Editor's Note: The following sections, which immediately followed this section, have been distributed as follows: Former § 82-22, Determination of environmental impact, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Former § 82-23, Sexual Harassment Regulations and Complaint Procedure, is included as an attachment at the end of this chapter. Former § 82-24, Progressive discipline procedures, can now be found in Ch. 963, Harassment, Art. I.
