The City maintains a policy of complying with federal and state
laws which provide employment protection for public employees and
applicants seeking employment with the City. All officers and employees
of the City shall act in accordance with the provisions of the following
federal and state laws which provide employment protection in the
workplace because a person falls within a protected class or which
prohibit retaliatory actions in public employment.
The City is committed to the principle of equal employment opportunity
and antidiscrimination pursuant to Title VII of the 1964 Civil Rights
Act, as amended by the Equal Opportunity Act of 1972, and the New
Jersey Law Against Discrimination,[1] as amended by the New Jersey Pregnant Worker's Fairness
Act (LAD) and Diane B. Allen Equal Pay Act (Equal Pay Act).
A.
Under no circumstances will the City discriminate on the basis of
sex, race, creed, color, religion, national origin, ancestry, age,
marital or political status, affectional or sexual orientation, domestic
partnership status, civil union status, atypical heredity, cellular
or blood trait, genetic information, disability (including AIDS or
HIV infection), liability for service in the United States Armed Forces,
gender identity or expression, and/or any other characteristic protected
by law.
B.
Decisions regarding the hiring, promotion, transfer, demotion or
termination are based solely on the qualifications and performance
of the employee or prospective employee. If any employee or prospective
employee feels he/she has been treated unfairly, he/she has the right
to address his/her concern with his/her supervisor, or if he/she prefers
his/her department head, City Administrator, or Personnel Administrator.
C.
The Equal Pay Act prohibits pay disparities based upon characteristics
protected by the LAD and makes it an unlawful employment practice
for an employer to pay any of its employees who are members of a protected
class at a rate of compensation, including benefits, which is less
than the rate paid by the employer to employees who are not members
of the protected class for substantially similar work, when viewed
as a composite of skill, effort and responsibility. The Equal Pay
Act further provides that, other than instances where a seniority
or merit-based system is utilized, employers may only pay employees
a different rate of compensation for substantially similar work if
the employer can show that:
(1)
The pay differential is based on one or more legitimate, bona fide
factors, such as training, education or experience, or the quantity
or quality of production;
(2)
The bona fide factors are not based on and do not perpetuate a differential
in compensation based on sex or any other protected characteristic;
(3)
Each of the bona fide factors are applied reasonably;
(4)
One or more of the bona fide factors account for the entire wage
differential; and
(5)
The bona fide factors are job-related with respect to the position
in question and based on legitimate business necessities. However,
a bona fide factor based on business necessity would not apply "if
it is demonstrated that there are alternative business practices that
would serve the same business purpose without producing the wage differential."
D.
An employer who is paying a rate of compensation in violation of
the Equal Pay Act cannot reduce the rate of compensation of any employee
in order to comply with the Equal Pay Act.
E.
The Equal Pay Act also extends LAD's antiretaliation provisions to
equal pay claims. Specifically, the Equal Pay Act prohibits retaliation
against employees for "requesting from, discussing with, or disclosing
to, any other employee or former employee of the employer, a lawyer
from whom the employee seeks legal advice, or any government agency"
equity pay information. Such equity pay information includes job title,
occupational category, rate of compensation, including benefits, and
the gender, race, ethnicity, military status, or national origin of
the employee or any other employee or former employee, regardless
of whether the employee receives a response.
F.
The Equal Pay Act also includes new reporting requirements to the
Division of Labor and Workforce Development. Any employer, regardless
of the location of the employer, who enters into a contract with a
public body to provide qualifying services to the public body shall
provide a report to the Commissioner of Labor and Workforce Development,
information regarding the compensation and hours worked by employees
categorized by gender, race, job title ethnicity, occupational and
job category, and total compensation of every employee of the employer
employed in the state in connection with the contract. The employer
shall provide the commissioner, throughout the duration of the contract
or contracts, with an update to the report each time there is a significant
change in any of the information that the employer is required to
report, or other significant change in employment status, including,
but not limited to, medical leave of 12 weeks or more, hiring, termination
for any reason, a change in part-time or full-time status, or a change
in "employee" or "contractor" status. Data regarding compensation
and hours worked by employees shall be reported in the form by pay
bands to be established by regulation promulgated by the Commissioner.
The Commissioner may establish a standard presumption for the number
of hours worked by a full-time employee or by a part-time employee
for whom an employer does not track actual hours worked. An employer
shall provide a report for each establishment of the employer.
[1]
Editor's Note: See N.J.S.A. 10:5-1 et seq.
A.
In compliance with the Americans with Disabilities Act,[1] the ADA Amendments Act and the New Jersey Law Against
Discrimination,[2] as amended by the New Jersey Pregnant Worker's Fairness
Act (LAD), the City does not discriminate based on disability, pregnancy,
pregnancy-related medical condition, childbirth or breastfeeding.
The City will endeavor to make every work environment accessible for
individuals with disabilities, and all future construction and renovation
of facilities will be in accordance with applicable barrier-free federal
and state regulations and the Americans with Disabilities Act Accessibility
Guidelines, as well as the ADA Amendments Act. The ADA makes it unlawful
to discriminate in all employment practices, such as:
B.
It is the policy of the City to comply with all relevant and applicable
provisions of the Americans with Disabilities Act,[3] the ADA Amendments Act and the New Jersey Law Against
Discrimination.[4] The City will not discriminate against any employee or
job applicant with respect to any terms, conditions, or privileges
of employment on the basis of a known or perceived disability, pregnancy,
childbirth or pregnancy-related medical condition. The City will also
make reasonable accommodations to known physical or mental limitations
of all employees and applicants with disabilities, provided that the
individual is otherwise qualified to safely perform the essential
functions of the job and also provided that the accommodation does
not impose undue hardship on the City.
C.
Reasonable accommodation.
(1)
The City Administrator or designee shall engage in an interactive
dialogue with disabled/pregnant employees and prospective disabled/pregnant
employees to identify reasonable accommodations or their respective
physician. In the case of an employee breastfeeding her infant child,
the accommodation shall include reasonable break time each day to
the employee and a suitable room or other location with privacy, other
than a toilet stall, in close proximity to work area for the employee
to express breast milk for the child. All decisions with regard to
reasonable accommodation shall be made by the City Administrator.
Reasonable accommodation is any change or adjustment to a job or work
environment that permits a qualified applicant or employee with a
disability to participate in the job application process, to perform
the essential functions of a job, or to enjoy benefits and privileges
of employment equal to those enjoyed by employees without disabilities.
For example, reasonable accommodation may include:
(a)
Acquiring or modifying equipment or devices;
(b)
Job restructuring;
(c)
Part-time or modified work schedules;
(d)
Reassignment to a vacant position;
(e)
Adjusting or modifying examinations, training materials or policies;
(f)
Providing readers and interpreters; and
(g)
Making the workplace readily accessible to and usable by people
with disabilities.
(2)
Employees who are assigned to a new position as a reasonable accommodation
will receive the salary for their new position. The Americans with
Disabilities Act[5] and the New Jersey Law Against Discrimination[6] does not require the City to offer permanent "light duty,"
relocate essential job functions, or provide personal use items, such
as eyeglasses, hearing aids, wheelchairs, etc.
D.
Employees should also offer assistance, to the extent possible, to
any member of the public who requests or needs an accommodation when
visiting City facilities. Any questions concerning proper assistance
should be directed to the City Administrator.
E.
The ADA[7] and the New Jersey Law Against Discrimination[8] prohibit an employer from retaliating against an applicant
or employee for asserting his or her rights under the ADA and the
New Jersey Law Against Discrimination. The Act also makes it unlawful
to discriminate against an applicant or employee, whether disabled
or not, because of the individual's family, business, social or other
relationship or association with an individual with a disability.
A.
It is the City's policy to prohibit harassment of an employee by
another employee, management representative, supplier, volunteer,
or business invitee on the basis of actual or perceived sex, race,
creed, color, religion, national origin, ancestry, age, marital or
political status, affectional or sexual orientation, domestic partnership
status, civil union status, atypical heredity, cellular or blood trait,
genetic information, disability (including AIDS or HIV infection),
gender identity or expression, liability for service in the United
States Armed Forces, and/or any other characteristic protected by
law. Harassment of nonemployees by our employees is also prohibited.
While it is not easy to define precisely what harassment is, it includes
slurs, epithets, threats, derogatory comments, unwelcome jokes, teasing,
caricatures or representations of persons using electronically or
physically altered photos, drawings or images, and other similar verbal,
written, printed or physical conduct.
C.
Harassment of any employees, in connection with their work, by nonemployees
may also be a violation of this policy. Any employee who experiences
harassment by a nonemployee, or who observes harassment of an employee
by a nonemployee should report such harassment to the supervisor.
Appropriate action will be taken against any nonemployee.
D.
Notification of appropriate personnel of any harassment problem is
essential to the success of this article and the City generally. The
City cannot resolve a harassment problem unless it knows about it.
Therefore, it is the responsibility of all employees to bring those
kinds of problems to the attention of the appropriate officials so
that steps are taken to correct them. An individual who reports incidents,
which, in good faith, he or she believes to be violation of this article,
or who is involved in the investigation of discriminatory harassment,
will not be subject to reprisal or retaliation. Retaliation is a serious
violation of this article and should be reported immediately. The
report and investigation of allegations of retaliation will follow
the procedures set forth in this article. Any person found to have
retaliated against an individual for reporting discriminatory harassment
or for participating in an investigation of allegations of such conduct
will be subject to an appropriate disciplinary penalty.
E.
Violation of this harassment policy will subject employees to disciplinary
action, up to and including immediate discharge.
F.
Discriminatory harassment defined.
(1)
For purposes of this article, "discriminatory harassment" is defined
as verbal or physical conduct that denigrates or shows hostility or
aversion toward an individual because of his or her race, color, gender,
age, religion, national origin, disability, veteran status or any
other characteristic protected by law, and that:
(2)
Some examples of such harassment are using epithets or slurs; mocking,
ridiculing or mimicking another's culture, accent, appearance or customs;
threatening, intimidating or engaging in hostile or offensive acts
based on an individual's race, color, gender, religion, national origin,
disability, veteran status or any other characteristic protected by
law; and displaying on walls, bulletin boards, or elsewhere in the
City, or circulating in the workplace, written or graphic material
that denigrates or shows hostility toward a person or group because
of an individual's race, color, gender, age, religion, national origin,
disability, veteran status or any other characteristic protected by
law. The above list of examples is not intended to be all-inclusive.
A.
It is the City's policy to prohibit sexual harassment of an employee
by another employee, management representative, supplier, volunteer,
or business invitee. The City prohibits sexual harassment from occurring
in the workplace or at any other location at which a City-sponsored
activity takes place. Sexual harassment of nonemployees by the City's
employees is also prohibited. The purpose of this policy is not to
regulate personal morality or to encroach upon one's personal life,
but to demonstrate a strong commitment to maintaining a workplace
free of sexual harassment.
B.
Unwelcome sexual advances, requests for sexual favors and other verbal,
physical or visual conduct of a sexual nature constitutes 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 an employment decision affecting the 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 work environment.
C.
Regarding unwelcome sexual advances toward nonemployees, requests
for sexual favors and other verbal, physical or visual conduct of
a sexual nature constitutes harassment when:
(1)
Submission to such conduct is made either explicitly or implicitly
in exchange for a benefit;
(2)
Submission to or rejection of such conduct by an individual is used
as the basis for a decision affecting the individual; or
(3)
Such conduct has the purpose or effect of unreasonably interfering
with an individual's activities or creating an intimidating, hostile
or offensive environment.
D.
Sexual harassment may include threatening or taking adverse employment
action, such as discharge or demotion, if sexual favors are not granted,
unwanted sexual advances; offering employment benefits in exchange
for sexual favors; visual conduct (leering, making sexual gestures,
displaying of sexually suggestive objects or pictures, cartoons or
posters); verbal sexual advances, propositions or requests; verbal
abuse of a sexual nature; graphic verbal commentaries about an individual's
body; sexually degrading words used to describe an individual; suggestive
or obscene letters, caricatures or representations of persons using
electronically or physically altered photos, drawings, or images;
notes or invitations; and/or physical conduct (touching, assault,
impeding or blocking movements). The above list of examples is not
intended to be all inclusive.
E.
If an employee is witness to or believes that the employee has experienced
sexual harassment, he/she must immediately notify his/her supervisor
or other appropriate person. See the Employee Complaint Policy.[1] An individual who reports incidents which, in good faith,
he or she believes to be violation of this article, or who is involved
in the investigation of discriminatory harassment, will not be subject
to reprisal or retaliation. Retaliation is a serious violation of
this article and should be reported immediately. The report and investigation
of allegations of retaliation will follow the procedures set forth
in this article. Any person found to have retaliated against an individual
for reporting discriminatory harassment or for participating in an
investigation of allegations of such conduct will be subject to an
appropriate disciplinary penalty.
F.
Harassment of City employees, in connection with their work, by nonemployees
may also be a violation of this policy. Any employee who experiences
harassment by a nonemployee or who observes harassment of an employee
by a nonemployee should report such harassment to his/her supervisor.
Appropriate action will be taken against any nonemployee.
G.
Notification by the employee to appropriate personnel of any harassment
problem is essential to the success of this article and the City generally.
The City cannot resolve a harassment problem unless it is reported.
Therefore, it is the responsibility of all employees to bring those
kinds of problems to the attention of management so that the steps
necessary to correct them can be taken.
H.
Violation of this sexual harassment policy will subject employees
to disciplinary action up to and including immediate discharge.
I.
Consensual romantic and/or sexual relationships between a manager
or supervisor and nonmanagers or supervisors, or between an employee
with supervisory authority and his or her subordinate, will compromise
the City's ability to enforce its policy against sexual harassment.
Consequently, if such relationships arise, they will be considered
carefully by the City, and appropriate action will be taken. Such
action may include a change in the responsibilities of the individuals
involved in such relationships or transfer of location within the
facility to diminish or eliminate the supervisory relationship and
workplace contact that may exist. Any manager or supervisory employee
involved in such a relationship is required to report the relationship
to the City Administrator.
A.
Employees have the right under the Conscientious Employee Protection
Act (CEPA)[1] to complain about any activity, policy or practice that
the employees reasonably believe is in violation of a law, rule, or
regulation promulgated pursuant to law without fear of retaliation
or reprisal. This right shall be communicated to all employees in
an annual letter outlining the specific employee complaint procedure
and in a posted notice. A written acknowledgment that the employee
received, read, and understood this letter will be included in the
employee's official personnel file. The annual notice shall be in
English and Spanish and must contain the name of the person who is
designated to receive written notification of policies or practices
that might violate CEPA. This right will also be communicated in the
Employee Handbook. All complaints will be taken seriously and promptly
investigated.
[1]
Editor's Note: See N.J.S.A. 34:19-1 et seq.
B.
Retaliatory action prohibited.
(1)
The City shall not take any retaliatory action or tolerate any reprisal
against an employee for any of the following:
(a)
Disclosing or threatening to disclose to a supervisor, department
head, the City Administrator, other official or to a public body,
as defined in the Conscientious Employee Protection Act (N.J.S.A.
34:19-1 et seq.) an activity, policy or practice that the employee
reasonably believes is in violation of a law, a rule or regulation
promulgated pursuant to law.
(b)
Providing information to or testifying before any public body
conducting an investigation, hearing, an inquiry into any violation
of law, or a rule or regulation promulgated pursuant to law.
(c)
Objecting to or refusing to participate in any activity, policy
or practice that the employee reasonably believes is a violation of
a law, rule or regulation promulgated pursuant to law; is fraudulent
or criminal; or is incompatible with a clear public policy mandate
concerning the public health, safety, or welfare. Before an employee
can disclose or threaten to disclose an unlawful activity, policy
or practice to a public body, the employee must serve written notification
of the activity, policy or practice upon the employer, and allow the
employer a reasonable opportunity to take corrective action. An employee
shall serve such written notification upon the following individual:
City Administrator.
(2)
"Retaliatory action" is broadly defined under CEPA as "discharge,
suspension or demotion of an employee, or other adverse employment
action taken against an employee in the terms and conditions of employment."
Simply put, this means any adverse action affecting the employee's
ability to work. Termination and discipline are easy to understand.
The last part of the definition is a wide-encompassing provision that
allows adverse actions to be decided on a case-by-case analysis depending
on multiple factors that can make up an adverse action.
C.
In accordance with the statute, the employee must bring the violation
to the attention of the City Administrator or other person designated
by the City.
D.
Under the law, the employee must give the City a reasonable opportunity
to correct the activity, policy or practice. The administration of
whistleblower complaints is not subject to the limitations in the
Grievance Policy.
