A.
It is the goal of the Town of Blackstone to promote
a workplace that is free of sexual harassment. Sexual harassment of
employees occurring in the workplace or in other settings in which
employees may find themselves in connection with their employment
is unlawful and will not be tolerated by this organization. Further,
any retaliation against an individual who has complained about sexual
harassment or retaliation against individuals for cooperating with
an investigation of a sexual harassment complaint is similarly unlawful
and will not be tolerated. To achieve our goal of providing a workplace
free from sexual harassment, the conduct that is described in this
policy will not be tolerated and we have provided a procedure by which
inappropriate conduct will be dealt with, if encountered by employees.
B.
Because the Town of Blackstone takes allegations of
sexual harassment seriously, we will respond promptly to complaints
of sexual harassment and, where it is determined that such inappropriate
conduct has occurred, we will act promptly to eliminate the conduct
and impose such corrective action as is necessary, including disciplinary
action where appropriate.
C.
Please note that while this policy sets forth our
goals of promoting a workplace that is free of sexual harassment,
the policy is not designed or intended to limit our authority to discipline
or take remedial action for workplace conduct which we deem unacceptable,
regardless of whether that conduct satisfies the definition of sexual
harassment.
A.
In Massachusetts, the legal definition for sexual
harassment is this: "Sexual harassment" means sexual advances, requests
for sexual favors, and verbal or physical conduct of a sexual nature
when:
(1)
Submission to or rejection of such advances, requests
or conduct is made either explicitly or implicitly a term or condition
of employment or as a basis for employment decisions; or
(2)
Such advances, requests or conduct have the purpose
or effect of unreasonably interfering with an individual's work performance
by creating an intimidating, hostile, humiliating or sexually offensive
work environment.
B.
Under these definitions, direct or implied requests
by a supervisor for sexual favors for actual or promised job benefits,
such as favorable reviews, salary increases, promotions, increased
benefits or continued employment constitutes sexual harassment.
C.
The legal definition of sexual harassment is broad
and, in addition to the above examples, other sexually oriented conduct,
whether it is intended or not, that is unwelcome and has the effect
of creating a work place environment that is hostile, offensive, intimidating
or humiliating to male or female workers may also constitute sexual
harassment.
D.
While it is not possible to list all those additional
circumstances that may constitute sexual harassment, the following
are some examples of conduct which if unwelcome, may constitute sexual
harassment depending upon the totality of the circumstances, including
the severity of the conduct and its pervasiveness:
(1)
Unwelcome sexual advances, whether they involve physical
touching or not;
(2)
Sexual epithets, jokes, written or oral references
to sexual conduct, gossip regarding one's sex life, comment on an
individual's body, comment about an individual's sexual activity,
deficiencies or prowess;
(3)
Displaying sexually suggestive objects, pictures,
cartoons;
(4)
Unwelcome leering, whistling, brushing against the
body, sexual gestures, suggestive or insulting comments;
(5)
Inquiries into one's sexual experiences; and
(6)
Discussion of one's sexual activities.
E.
All employees should take special note that, as stated
above, retaliation against an individual who has complained about
sexual harassment and retaliation against individuals for cooperating
with an investigation of a sexual harassment complaint is unlawful
and will not be tolerated by the Town.
A.
If any of our employees believes that he or she has
been subjected to sexual harassment, the employee has the right to
file a complaint with the Town. This may be done in writing or orally.
B.
If you would like to file a complaint you may do so
by contacting any member of the Board of Selectmen or the Town Administrator,
15 St. Paul Street, Blackstone, MA 01504. Any one of these individuals
or offices are also available to discuss any concerns you may have
and to provide information to you about our policy on sexual harassment
and our complaint process. Should any individual mentioned above be
part of a complaint, such individual will be automatically removed
from the process and replaced with an impartial person.
C.
You may also contact the Employee Assistance Program,
if necessary, to discuss your situation and seek treatment/counseling,
if required, resulting from unwelcomed sexual advances. You may not
file a complaint with the Employee Assistance Program. All such complaints
must be filed as stated above.
A.
When we receive a complaint we will promptly investigate
the allegation in a fair and expeditious manner. The investigation
will be conducted in such a way as to maintain confidentiality to
the extent practicable under the circumstances. Our investigation
will include a private interview with the person filing the complaint
and with witnesses. We will also interview the person alleged to have
committed sexual harassment. When we have completed our investigation,
we will, to the extent appropriate, inform the person filing the complaint
and the person alleged to have committed the conduct of the results
of that investigation.
B.
If it is determined that inappropriate conduct has
occurred, we will act promptly to eliminate the offending conduct,
and where it is appropriate, we will also impose disciplinary action.
If it is determined that inappropriate conduct
has been committed by one of our employees, we will take such action
as is appropriate under the circumstances. Such action may range from
counseling (through the Employee Assistance Program) to termination
from employment and may include such other forms of disciplinary action
as we deem appropriate under the circumstances.
In addition to the above, if you believe you
have been subjected to sexual harassment, you may file a formal complaint
with either or both of the government agencies set forth below. Using
our complaint process does not prohibit you from filing a complaint
with those agencies. Each of the agencies has a short time period
for filing a claim (EEOC: 180 days; MCAD: six months).
A.
The United States Equal Employment Opportunity Commission
("EEOC").
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1 Congress Street — 10th Floor
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Boston, MA 02114
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(617) 565-3200
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