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HomeMy Public PortalAboutsexual harassment policy_201305201221319782Town of Watertown Sexual Harassment Policy I. Introduction It is the goal of the Town of Watertown to promote a workplace which is professional and which treats all of those who work for the Town with dignity and respect. Sexual harassment 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 also not be tolerated. Because the Town of Watertown takes allegations of sexual harassment seriously, we will respond promptly of sexual harassment and where it is demonstrated to our satisfaction that such harassment occurred, we will act promptly to eliminate the harassment and impose such corrective action as necessary, including disciplinary action where appropriate. II. Definition of Sexual Harassment In Massachusetts, the legal definition of sexual harassment is: "sexual harassment" means sexual advances, requests for sexual favors, and verbal or physical conduct of a sexual nature when: a). 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, b). 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. These definitions are broad and include any sexually oriented conduct, whether it is intended or not, by supervisors, employees and, in some instances, third parties, 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. Prohibited conduct also extends to any function or activity which is officially sponsored by the Town of Watertown. While it is not possible for the Town to list all those circumstances which we would consider to be sexual harassment, the following are some examples: • Unwelcome sexual advances — whether they involve physical touching or not; • Requests for sexual favors in exchange for actual or promised job benefits such as favorable reviews, salary increases, promotions, increased benefits, or continued employment; • Assault or coerced sexual acts. The following conduct may also constitute sexual harassment in certain circumstances: • Use of sexual epithets, jokes, written or oral references to sexual conduct, gossip regarding one's sex life; comments on an individual's body, comments about an individual's sexual activity, deficiencies, or prowess; • Displaying sexually aggressive objects, pictures, cartoons; • Unwelcome leering, whistling, brushing against the body, sexual gestures, suggestive or insulting comments; • Inquiries into one's sexual activities; • Discussion of one's sexual activities; and • Comments regarding gender stereotypes which demean, embarrass or humiliate employees. III. Private Counseling Option If any of the Town's employees believe that they have been subject to sexual harassment, in addition to the right to file a complaint, they may also seek advice from the Personnel Director. The Personnel Director is available to discuss any concerns and to provide information about the Town's policy on sexual harassment and complaint process. If an employee chooses, his/her concerns may be discussed in an acceptable informal manner and in a manner which offers as much privacy and confidentiality as is possible. If this option does not resolve the complaint, an employee may proceed through the Town's complaint procedure set forth in Section IV. below. IV. Complaints of Sexual Harassment If any of the Town's employees believe that they have been subjected to sexual harassment, it is the Town's policy to provide the employee with the right to file a complaint with the Town. A complaint may be done in writing or orally to the Personnel Director, who services as the Town's Affirmative Action Officer (AAO). When the AAO receives the complaint, he/she will then investigate the allegation in a fair and expedient manner. The AAO's investigations would include a private interview with the person filing the complaint and with witnesses. He/she will also interview the person alleged to have committed sexual harassment. The AAO may, if necessary, request written statement in addition to the private interviews. If the AAO is unable to resolve the complaint, he/she will report the investigation finding to the Town Manager for disposition. If the investigation reveals that sexual harassment did occur, the Town will act promptly to eliminate the offending conduct, and where it is appropriate, the Town will also impose disciplinary action which could include termination from employment. In addition, when the investigation is completed through formal or informal procedures, the Town will inform the person fling the complaint and the alleged harasser of the results of that investigation, including allegations that have not been sustained. V. Disciplinary Action If sexual harassment has been committed by a Town employee, the Town will take such action as is appropriate under the circumstances. Such actions may include: counseling, informal or formal reprimands, written or verbal warnings, suspension, reduction in pay, reduction in duties, transfers, and other formal sanctions including termination from employment. Any disciplinary action or procedure, if applicable, shall conform to the requirements of Civil Service law and/or collective bargaining agreement. VI. State and Federal Remedies In addition to the above, if any employee believes he/she has been subjected to sexual harassment, he/she may file a formal complaint with either or both of the following government agencies: a. United States Equal Employment Opportunity Commission John F. Kennedy Federal Building 475 Government Center Boston, MA 02203 Phone: 1-800-669-4000 Fax: 617-565-3196 www.eeoc.gov b. Massachusetts Commission Against Discrimination One Ashburton Place, Room 601 Boston, MA 02108 Phone: 617-994-6000 Fax: 617-994-6024 www.mass.gov/mcad