Town of Falmouth, MA
Barnstable County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Selectmen of the Town of Falmouth 5-13-1991; amended in its entirety 6-17-2013. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Personnel policies — See Ch. 58, Art. III.

§ 251-1 Statement of Town policy.

The Town of Falmouth is an equal employment opportunity and Affirmative Action employer. The Town values the culture and background of all people and believes that a diverse town needs a diverse government. We are committed to complying with all applicable federal and state laws regarding nondiscrimination and equal opportunity.

§ 251-2 Nondiscrimination in employment.

A. 
The Town will make its employment decisions on the basis of merit and without regard to race or color, sex, disability, religion, sexual orientation, gender identity, marital status, military/veteran status, national origin or ancestry, genetic information, or age and ensures equal opportunity in the areas of hiring, promotion, demotion or transfer, recruitment, layoff or termination, compensation and benefits, training programs, and other terms and conditions of employment.
B. 
Unlawful discrimination against employees occurring in the workplace or in other settings in which employees may find themselves in connection with their employment will not be tolerated by the Town of Falmouth. Further, any retaliation against an individual who has formally or informally complained about discrimination or has cooperated with an investigation of a discrimination complaint is prohibited.

§ 251-3 Nondiscriminatory harassment.

The Town's separate Sexual Harassment and General Harassment Policy details our commitment to a workplace free of any verbal or physical conduct which is unwelcome, severe or pervasive, and related to membership or perceived membership in a protected class.

§ 251-4 Reasonable accommodation.

[Amended 12-16-2013]
Employees seeking reasonable accommodations for disabilities may submit their request, in writing, to the Equal Employment Opportunity/Affirmative Action Officer (EEO/AA Officer) or Town Manager's designee. The Town EEO/AA Officer is located at Town Hall and can be reached at 508-495-7330 and the School EEO/AA Officer is located at the School Administration Building and can be reached at 508-548-0151 ext. 123.

§ 251-5 Discrimination complaints.

A. 
If an employee believes that he or she has been subjected to unlawful discrimination, the employee has the right to file a complaint with the EEO/AA Officer. The Town EEO/AA Officer is located at Town Hall and can be reached at 508-495-7330 and the School EEO/AA Officer is located at the School Administration Building and can be reached at 508-548-0151 ext. 123.
[Amended 12-16-2013]
B. 
The EEO/AA Officer or Town Manager's designee will promptly investigate the allegation in a fair and thorough manner. The investigation will be conducted in such a way as to maintain confidentiality to the extent practicable under the circumstances. The investigation will include private interviews with the person filing the complaint, the person alleged to have committed the discrimination, and relevant witnesses. When the investigation is completed, the Town 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.
C. 
If it is determined that inappropriate conduct has occurred, The Town will act promptly to eliminate the offending conduct, and where it is appropriate the Town will also impose disciplinary action.

§ 251-6 Affirmative action provisions.

A. 
Affirmative action statement. The Town of Falmouth resolves to take affirmative action measures to ensure equal opportunity in the areas of hiring, promotion, transfer, recruitment, rate of compensation, training programs, and all terms and conditions of employment. Such employment actions will be on the basis of merit and without regard to race or color, sex, disability, religion, sexual orientation, gender identity, marital status, military/veteran status, national origin or ancestry, genetic information, or age.
B. 
Roles/responsibilities. To ensure that equal employment opportunity and affirmative action are achieved through good faith efforts, the Town has established various levels of responsibility to both direct, oversee and implement affirmative action efforts.
(1) 
The Board of Selectmen shall be responsible for the adoption of the affirmative action policy. To ensure that the Town's personnel policies and practices incorporate our objectives, the Board of Selectmen delegates administrative responsibilities for the policy to the EEO/AA Officer.
(2) 
The EEO/AA Officer is responsible for establishing, implementing and monitoring affirmative action efforts and for providing training. The EEO/AA Officer has the responsibility to ensure that equal employment and affirmative action receive a sufficient level of attention and management support. The EEO/AA Officer will provide summaries and updates on relevant issues as well as statistics regarding promotion and hiring.
(3) 
The Affirmative Action Committee is an advisory committee that is also appointed by the Board of Selectmen and is responsible for reviewing the Affirmative Action Policy and relevant programs. Policy is set by the Affirmative Action Committee on a yearly basis in the month of July and is submitted to the Board of Selectmen for its approval. Policy will contain areas in which the Town can improve and goals for the Committee to accomplish over the next year.
(4) 
Managers are responsible for making sure that their employment practices comply with principles in this policy and relevant state and federal equal employment opportunity regulations.
(5) 
Employees are responsible for bringing to the attention of the EEO/AA Officer any decision that conflicts with the spirit of the law.
C. 
Implementation of Affirmative Action Policy. The Town will implement its affirmative action efforts by ensuring that all employment decisions are on the basis of merit without regard to race or color, sex, disability, religion, sexual orientation, gender identity, marital status, military/veteran status, national origin or ancestry, genetic information, or age as outlined below:
(1) 
Recruitment: will be on the basis of qualifications. All employment advertisement and job postings shall identify the Town as an "Equal Opportunity Employer." When advertisements are placed in the news media and on the Internet, there shall be an effort to include advertisements that serve minority populations. The EEO/AA Officer will act as a liaison with employment sources and organizations serving protected groups.
(2) 
Promotion: will be based on ability and length of service or, where applicable, subject to and in conjunction with collective bargaining procedures.
(3) 
Compensation and benefits: The Town will pay all personnel fairly according to their job classification. The Town-supported benefit program shall be made equally available to any regular-status employee who works at least 20 hours per week.
D. 
Dissemination of policy.
(1) 
All prospective employees applying for positions will be advised that the Town is an equal opportunity employer.
(2) 
Copies of the policy will be available in the Personnel Office for any employee to read, in addition to annual dissemination of policy.
(3) 
The EEO/AA Officer will be responsible for the posting of information regarding equal employment opportunity and of nondiscrimination laws in places where policy and related materials are available to all employees and prospective employees.
(4) 
The EEO/AA Officer will act as a liaison with employment sources and organizations serving protected groups.