[HISTORY: Adopted by the Board of Trustees of the Village of Hempstead 1-6-1987 by L.L. No. 1-1987. Amendments noted where applicable.]
Sexual harassment in the workplace is not merely offensive but is a form of discrimination in violation of federal, state and local law.
Every Village of Hempstead employee is entitled to a working environment free from sexual harassment and its deleterious economic, psychological and physical effects.
The cost to the Village could be considerable in both human and financial terms, including the replacement of personnel who leave their jobs, increased use of health benefit plans due to emotional and physical stress, absenteeism and decline in individual and workgroup productivity.
The Mayor of the Incorporated Village of Hempstead shall have the responsibility for the administration of this chapter and for setting forth a policy concerning sexual harassment in the workplace, which, by reason of enactment of this chapter, shall be as follows:
The head of each department, agency, board, commission or other entity under the jurisdiction of the Mayor within the Village of Hempstead shall:
Disseminate this Village of Hempstead chapter on sexual harassment in the workplace.
Widely distribute this chapter by posting it in a conspicuous place, providing it to all employees, including new employees' orientation, and publicizing it in internal employee publications.
Assign the Affirmative Action/Equal Employment Opportunity Officer to training offered by the Nassau County Commission on Human Rights. The training will include the Equal Employment Opportunity Commission guidelines on sexual harassment and procedures to ensure the swift and thorough investigation of allegations of sexual harassment and enforcement of appropriate sanctions, including disciplinary action.
The Affirmative Action/Equal Employment Opportunity Officer will conduct formal training sessions for all supervisory personnel on sexual harassment. The training will include but not be limited to a review of the sexual harassment guidelines and the availability of informal allegation and complaint resolution channels. The Affirmative Action/Equal Employment Opportunity Officer will also advise the trainees that sexual harassment is considered a form of employee misconduct and that sanctions will be enforced against individuals engaging in sexual harassment and against supervisory and managerial personnel who knowingly allow such behavior to continue.
The Affirmative Action/Equal Employment Opportunity Officer shall notify the Nassau County Commission on Human Rights immediately upon receipt of any and all allegations of sexual harassment. The Affirmative Action Equal Employment Opportunity Officer shall, if warranted, monitor to ensure that the Commission's (Nassau County Commission of Human Rights) resolution of the formal complaint is implemented.
The Nassau County Commission on Human Rights will accept formal complaints of sexual harassment. Due to the sensitivity of the issue, the Commission will conduct all investigations confidentially to ensure protection of the complainant and the accused.
For purposes of this chapter, unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature will constitute sexual harassment when:
Submission to the conduct is either explicitly or implicitly a term or condition of an individual's employment;
Submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting such individual; or
The conduct has the purpose or effect of unreasonably interfering with the affected person's work performance or creating an intimidating, hostile or offensive work environment.
The Nassau County Commission on Human Rights shall provide information to the Village of Hempstead entities covered by this chapter to assist in the implementation and the operation of the procedures established by this chapter.
Nothing in this chapter shall be construed to enlarge upon or limit or abridge the rights of any person under the United States or State Constitution or the statutes of the United States or the State of New York.