[HISTORY: Adopted by the Town Board of the Town of Busti 2-21-2005 by L.L. No.
1-2005. Amendments noted where applicable.]
The Town of Busti believes in the dignity of the individual
and recognizes the right of any person to equal opportunities. In
this regard, the Town has had a long-standing practice and policy
of protecting and safeguarding the rights and opportunities of any
person who might seek or obtain employment without being subjected
to illegal discrimination or harassment in the workplace.
In addition to prohibiting illegal discrimination on the basis
of race, color, sex, religion, age, disability, marital status, military
status, national origin, or other unlawful conduct, the Town of Busti
also prohibits the illegal harassment of its employees or officers
in any form. The Town will take all steps necessary to prevent and
stop the occurrence of any illegal discrimination or harassment in
the workplace.
A.
This policy applies to all Town officers and employees and all individuals
who serve as contractors to the Town. Depending on the extent of the
exercise of control, this chapter may be applied to the conduct of
those who are not officers or employees or contractors of the Town
with respect to illegal discrimination or illegal harassment of Town
officers or employees in the workplace.
B.
The Town and this discrimination and harassment policy prohibit conduct that is illegal under state or federal law, including, but not limited to, the inappropriate forms of behavior described in § 40-3 of this chapter under the section entitled "Definition of sexual harassment."
C.
Department heads and supervisory personnel are responsible for ensuring
a work environment free from unsolicited, unwelcome and intimidating
unlawful discrimination or harassment. These individuals must take
immediate and, if authorized, appropriate corrective action when allegations
of discrimination or harassment come to their attention to assure
compliance with this chapter. Should a department head or supervisor
not be authorized to take corrective action, the matter shall be referred
to the individual or body, as the case may be, having the authority
to discipline.
D.
A person who is found to have committed an act of unlawful discrimination
or harassment or other inappropriate behavior will be subject to disciplinary
action in accordance with the provisions of a negotiated labor agreement
or state law, as may be appropriate. Additionally, retaliation against
someone who has complained about prohibited discrimination or harassment
is strictly prohibited as is retaliation against an individual who
cooperates with an investigation of a discrimination or harassment
complaint. Any such retaliatory conduct is illegal and will result
in disciplinary action against the retaliator if that person is an
officer or employee of the Town. Intimidation, coercion, threats,
reprisals or discrimination against any person for complaining about
unlawful discrimination or harassment, as described in this chapter,
is prohibited.
E.
All Town officers and employees will be held responsible and accountable
for avoiding or eliminating the conduct prohibited by this chapter.
Town employees are encouraged to report violations of this chapter
to their supervisor or to a member of the Employment Discrimination/Harassment
Committee. This Committee shall consist of two members of the Town
Board to be appointed annually by the Supervisor.
A.
Sexual advances that are not welcome, requests for sexual favors,
and other verbal or physical conduct with sexual overtones constitute
sexual harassment when:
(1)
Submission to such conduct is made, either explicitly or implicitly,
a term or condition of an individual's employment;
(2)
Submission to, or rejection of, such conduct by an individual is
used as the basis for employment decisions, such as promotion, transfer
or termination, affecting such individual; or
(3)
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.
B.
Sexual harassment refers to behavior that an individual does not
welcome; that is personally offensive; that fails to respect the rights
of others; that lowers morale and that, therefore, interferes with
an individual's work performance and effectiveness; or that creates
an intimidating, hostile or offensive working environment. Specific
forms of behavior that the Town would consider sexual harassment include,
but are not limited to, the following:
(1)
Verbal harassment. Abusive verbal language related to a person's
sex, including sexual innuendoes; slurs; suggestive, derogatory or
insulting comments or sounds; whistling; jokes of a sexual nature;
sexual propositions; and threats. Included would be any sexual advance
that is unwelcome or any demand for sexual favors.
(2)
Nonverbal harassment. Abusive written language, showing or displaying
pornographic or sexually explicit objects or pictures, graphic commentaries,
leering or obscene gestures in the workplace such that it unreasonably
interferes with an individual's work performance or creates an
intimidating, hostile or offensive working environment.
(3)
Physical harassment. Any physical contact which is not welcome, including
touching, petting, pinching, coerced sexual intercourse, assault or
persistent brushing up against a person's body.
A.
Any Town officer or employee is encouraged to report an incident
of suspected employment discrimination or harassment to a department
head or to the Employment Discrimination/Harassment Committee as soon
as possible after an alleged incident. A victim does not have to be
the opposite sex of the harasser. The harasser does not have to be
the victim's immediate supervisor. The harasser could be an agent
of a supervisor, another supervisor, a coworker, or even someone not
on the payroll of the Town who might have occasion to appear at a
work site or enter a Town building or facility. A victim of sexual
harassment does not necessarily have to be the person at whom unwelcome
sexual conduct is directed. Such an individual could be someone who
is affected by such conduct when it is directed towards another person,
thereby creating a hostile work environment. Such conduct is unlawful
and is prohibited by the Town and by this chapter.
B.
Should an officer or employee believe that he or she has been discriminated
against or harassed and would like guidance as to how to proceed in
filing a complaint, that individual should review the Town's
employment discrimination and harassment complaint procedure or contact
any member of the Employment Discrimination/Harassment Committee.
C.
Should an individual file a complaint, the procedures of the Employment
Discrimination/Harassment Committee must be followed, including the
time limit of 180 days. The procedures describe the steps to be taken
when an employee has filed a complaint, detail the responsibilities
of all involved parties, and provide the time frames for actions to
be taken.
D.
All complaints will be handled in a timely and confidential manner.
In no event will information concerning a complaint be released by
the Town to any third party or to anyone within Town employment who
is not directly involved with or in the investigation. A breach of
this prohibition will result in disciplinary action.
E.
The investigation of a complaint will normally include conferring
with the parties involved and any named or apparent witnesses. The
particular facts of the allegation will be examined individually,
with a review of the nature of the behavior and the context in which
the incident or incidents occurred. Confidentiality will be maintained
throughout the investigatory process. The Employment Discrimination/Harassment
Committee will also investigate cases in which a supervisor requests
or requires assistance.
F.
An individual who believes that he or she has been unjustly charged
with employment discrimination or harassment in violation of this
chapter will be afforded every opportunity to offer and present information
in defense of the complaint. Any information will be confidential.
G.
A person who participates in this procedure may do so without fear
of retaliation. Retaliation against anyone who has filed a complaint
under this chapter is prohibited and may well be a violation of federal
or state law. Any such retaliation will result in disciplinary action
by the Town.
H.
A person who is found to have committed an act of employment discrimination
or harassment will be subject to disciplinary action in accordance
with the provisions of a negotiated labor agreement or state law,
as may be appropriate.
I.
Nothing in this chapter should be construed to limit an individual's
existing right to file a complaint with the New York State Division
of Human Rights or the U.S. Equal Employment Opportunity Commission,
or to take any legal action which he or she may deem advisable.
A.
Step one.
(1)
An aggrieved person, hereafter referred to as "the complainant,"
will meet with his or her department head to discuss an allegation
of employment discrimination or harassment and may file a complaint
of discrimination or harassment. If a complaint is filed, the department
head shall send a signed complaint to the Employment Discrimination/Harassment
Committee. Should an individual feel uncomfortable raising an issue
of alleged employment discrimination or harassment with a department
head, any other department head or a member of the Employment Discrimination/Harassment
Committee may be approached. Verbal complaints may be handled informally.
(2)
Any written complaint must be filed by a complainant within 180 days
of an alleged act of employment discrimination or harassment.
(3)
The complainant may withdraw his or her complaint at any time by
filing a notice in writing.
B.
Step two.
(1)
When a written complaint is filed, the department head or committee
member shall have 15 working days to try to resolve the allegation
informally by: a) gathering and assessing the facts deemed necessary
to resolve it; b) meeting with the alleged abuser and the complainant
separately; and c) using whatever other methods are deemed necessary
or appropriate to attempt to resolve the complaint.
(2)
Regardless of whether the complaint is written or verbal, if a resolution
is achieved by a department head, he or she will prepare a statement
that the complaint has been resolved. All parties must sign the statement
which shall be sent to the Employment Discrimination/Harassment Committee.
The case will be considered closed.
(3)
If a complaint is not resolved, it will be turned over to the Employment
Discrimination/Harassment Committee. The Committee will investigate
the complaint, call witnesses to appear before the Committee, and
review any other evidence the Committee feels credible and probative
of the allegation or allegations. Notice of the complaint must be
given to the accused, who shall also be afforded an opportunity to
appear before the Committee, with or without counsel, if he or she
so desires. The Committee will have 10 working days to investigate
the complaint and an additional 10 working days to render a decision.
(4)
Written notice of the Committee's decision will be given to
both the complainant and the accused.
