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