It is the policy of the Town of Lapel to maintain a work environment free of inappropriate and disrespectful conduct and communication of a sexual nature. Accordingly, there is hereby declared to be the following anti-sexual harassment policy and procedures:
- No official, elected or appointed, department head, supervisor, or other employee of the Town of Lapel shall engage in behavior which would constitute sexual harassment. Further, all department directors, managers, and supervisors are responsible for assuring that all employees, agents and contractors have knowledge of and understand that sexual harassment is against the law and shall not be tolerated.
- Any employee who feels that he or she has been a victim of sexual harassment shall be entitled to file a complaint alleging the same pursuant to the procedures detailed herein.
- Any employee who violates this law will be subject to disciplinary action pursuant to the progressive discipline policies hereinafter stated.
- Sexual harassment includes, but if not limited to:
- Unsolicited and unwelcome verbal comments or jokes and physical gestures or actions or sexual nature toward another employee (for example: touching, patting, pinching, indecent exposure, or profane jokes);
- Unsolicited and unwelcome demands or requests for sexual favors or social or sexual encounters;
- The explicit or implicit promise of preferential treatment with regards to an individual's employment in exchange for sexual favors or sexual activity; and
- The use of an employee's or applicant's submission to or rejection of such conduct as the basis of an employment decision, e.g. hiring, firing, promotion, demotion, compensation, benefits, or working conditions;
PERSONNEL COMPLAINT PROCEDURE
It is incumbent upon the Town of Lapel to provide a process by which an employee may seek assistance with a work-related complaint of sexual harassment. A written statement must be prepared explaining what happened. The following is the proper complaint procedure:
- Discuss written complaint with the immediate supervisor, or;
- Discuss the written complaint with a member or members of the Town Board; or discuss the written complaint with the town police chief; and/or discuss the written complaint with the clerk/treasurer.
- Recommendations will be made by the Town Board to resolve the problem within a reasonable period of time. A final decision will be made by the Town Board and given to the employee in writing within five (5) working days of the decision.
DISCIPLINARY PROCEDURES FOR SEXUAL HARASSMENT COMPLAINT
In public agencies it is imperative for employees who serve the public to follow rules and regulations on work performance and personal conduct, to work well with their fellow employees and to do all the things that contribute to their performance and reaching the goals of the Town of Lapel. So long as employee behavior is positive and supportive of organizational goals, all is well. But when employee behavior departs from the norm or the standards set by the Town of Lapel, the need for discipline action arises. Corrective discipline in based on the belief that discipline should serve to correct unsatisfactory behavior. The basic steps that reflect this principle are a written reprimand, suspension without pay, demotion, and termination. However, there are exceptions to these basic steps and they depend on the nature or severity of the infractions.
All disciplinary actions must be in writing. The original must be submitted to the immediate supervisor and a copy of the employee. A suspension, demotion or termination could not occur without the approval of the Town Board.
An employee who initiates any complaint under this procedure shall not b subject to any firing, termination, demotion, decrease in compensation, decrease in benefits, change in working conditions, or any retribution for the submission of such complaint or written statements.
(Resolution No. 5-1994, passed 5/17/1994)(Resolution No. 10-1996, passed 8/27/96)
Date Passed: 5/17/1994
Date Amended: 8/27/1996