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HomeMy Public PortalAboutResolution 01:368No~ 01-368 Date or' Adoption December 6, 2001 ADOPTING CARTERET SEXUAL AND OTHER HARASSMENT POLICY WHEREAS, the United States Equal Employment Opportunity Commission (EEOC) has issued guidelines which treat sexual harassment as illegal sexual discrimination under Title VII of the Civil Rights Act of 1964; and WHEREAS, the Mayor and Council of the Borough of Carteret ("Borough") are committed to equal employment opportunity for all of the Borough's employees and recognized that effective working relationships between employees must be based upon mutual respect among employees; and WHEREAS, pursuant to said commitment and recognition, it is the Borough's policy to provide its employees with a professional, business-like work environment free from all forms of employee discrimination and harassment, including incidents of sexual harassment; and WHEREAS, the Borough expressly prohibits any form of employee harassment, bias or discrimination related to any aspect of employment with the Borough, including, but not limited to, any form of unlawful employee harassment based upon race, color, religion, sex, national origin, age, handicap or disability; and WHEREAS, in accordance with the aforementioned principles, it is the Borough's intention to formally adopt and implement anti-harassment policies that prohibit all forms of on-the-job harassment that may constitute discrimination in the terms, conditions and privileges or employment. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Carteret, County of Middlesex, State of New Jersey that 1. The Carteret Sexual and Other Harassment Policy attached hereto is adopted. Adopted this 6th day of December, 2001 and certified as a true copy of the original on December 7, 2001. KATHLEEN M. BARNEY Municipal Clerk COUNCILMAN FAZEKAS QUINONES REIMAN X - Indicate Vote RECORD OF COUNCIL VOTE AB - Absent slV A.B. NV - Not Voting COUNCIl,MAN RIOS SAS~ORO SOHAYDA XOR - Indicates Vote lo Overrule Vcm Adopted at a meeting of the Municipal Council ~ December_6_,..~O1 SEXUAL AND OTHER HARASSMENT POLICY Borough of Carteret The Borough of Carteret expressly prohibits any form of unlawful employee harassment or discrimination on the basis of race, creed, color, national origin, ancestry, age, marital status, affectional or sexual orientation, genetic information, sex or atypical hereditary cellular or blood trait of any individual, liability for service in the Armed Forces of the United States or nationality, or refusal to submit to a genetic test or make available the results of a genetic test. Each supervisor is responsible for creating an atmosphere free of discrimination and harassment, sexual or otherwise. Furthermore, employees are responsible for respecting the rights of their co-workers to work in an environment free from all forms of unlawful discrimination and conduct which can be considered harassing, coercive or disruptive, including sexual harassment. Improper interference with the ability of the Borough's employees to perform their expected job duties is not tolerated. With respect to sexual harassment, the Borough of Carteret prohibits unwelcome sexual advances, requests for sexual favors, and all other verbal or physical conduct of a sexual or otherwise offensive nature, especially where: · Submission to such conduct is made either explicitly or implicitly in a term or condition of employment; · Submission to or rejection of such conduct is used as the basis for decisions affecting an individual's employment; or · Such discriminatory conduct is sufficiently severe of pervasive so that a reasonable person of the same sex as the offended employee would believe that the conditions of employment are altered and the working environment is rendered intimidating, hostile or offensive. Prohibited behavior can take place in the form of: · Gender harassment: Generalized gender-based remarks and behavior; · Seductive Behavior: Inappropriate, unwanted, offensive physical or verbal sexual advances; · Sexual Bribery: Solicitation of sexual activity or other sex-linked behavior by promise of reward; · Sexual Coercion: Coercion of sexual activity by threat of punishment; or · Sexual Assault: Gross sexual imposition such as touching, grabbing or assault. Sexual harassment in this context includes, but is not limited to, offensive or unwelcome sexual advances, flirtations, propositions, comments, jokes, innuendoes, and other sexually oriented statements about an individual's body or used to describe an individual, and the display of suggestive picture or objects in the workplace. Other on-the-job harassment includes, but is not limited to, any insulting, abusive, harassing, or discriminating conduct, verbal or nonverbal, directed at one's race, creed, color, national origin, ancestry, age, marital status, affectional or sexual orientation, genetic information, sex or atypical hereditary cellular or blood trait of any individual, liability for service in the Armed Forces of the United States or nationality, or refusal to submit to a genetic test or make available the results of a genetic test. If you experience any job related harassment based on your race, creed, color, national origin, ancestry, age, marital status, affectional or sexual orientation, genetic information, sex or atypical hereditary cellular or blood trait of any individual, liability for service in the Armed Forces of the United States or nationality, or refusal to submit to a genetic test or make available the results of a genetic test, or any other factor, or believe that you have been treated in an unlawful, discriminatory manner, promptly report the incident to you supervisor, who will investigate the matter and take appropriate action in conjunction with the Patrick DeBlasio, Chief Financial Officer. If you believe it would be inappropriate to discuss the matter with your supervisor, you may by pass your supervisor and report it directly to Patrick DeBlasio, CFO, who will undertake an investigation. If you believe it would be inappropriate to discuss the matter with your supervisor or Patrick DeBlasio, CFO, you may bypass your supervisor and Patrick DeBlasio, CFO, and report it directly to the Mayor or Borough Attorney, who will undertake an investigation. Your complaint will be kept confidential to the maximum extent possible. If the Borough determines that any employee is guilty if harassing another employee, appropriate disciplinary action will be taken against the offending employee, up to and including termination of employment. The Borough prohibits any form of retaliation against any employee for filing a bona fide complaint under this policy or for assisting in a complaint investigation. Threats, other forms of intimidation, and/or retaliation against the employee or any other party based on involvement in the complaint process, may be cause for disciplinary action. 2 The Borough of Carteret is committed to maintaining a heightened awareness of the personal dignity of others by fostering a work environment free of sexual and other harassment. If you have any questions regarding the interpretation of this policy or wish to clarify your rights, please contact Patrick DeBlasio, CFO. Employee's Signature Date Employee's Name Handwritten Employee's Department Supervisor's Signature Date Signature of Patrick DeBlasio, C.F.O. Date Fully Executed Copy to Employee & Supervisor, Original to CFO