ALLEGANY COUNTY SEXUAL HARASSMENT POLICY
Introduction
Policy:
1. Allegany County's policy applies to all employees, applicants for employment, interns, whether paid or unpaid, contractors and persons conducting business, regardless of immigration status, with Allegany County. In the remainder of this document, the term "employees" refers to this collective group.
2. Sexual harassment will not be tolerated. Any employee or
individual covered by this policy who engages in sexual harassment or
retaliation will be subject to remedial and/or disciplinary action (e.g.,
counseling, suspension, termination).
3. Retaliation Prohibition: No person covered by this Policy
shall be subject to adverse action because the employee reports an incident of
sexual harassment, provides information, or otherwise assists in any
investigation of a sexual harassment complaint. Allegany County will not
tolerate such retaliation against anyone who, in good faith, reports or
provides information about suspected sexual harassment. Any employee of
Allegany County who retaliates against anyone involved in a sexual harassment
investigation will be subjected to disciplinary action, up to and including
termination. All employees, paid or unpaid interns, or non-employees working in
the workplace who believe they have been subject to such retaliation should
inform a supervisor, manager, or Human Resources. All employees, paid or unpaid
interns or nonemployees who believe they have been a target of such retaliation
may also seek relief in other available forums, as explained below in the
section on Legal Protections.4. Sexual harassment is offensive, is a violation of our policies, is unlawful, and may subject Allegany County to liability for harm to targets of sexual harassment. Harassers may also be individually subject to liability. Employees of every level who engage in sexual harassment, including managers and supervisors who engage in sexual harassment or who allow such behavior to continue, will be penalized for such misconduct. to the existence of an effective anti-harassment policy and procedure.
5. Allegany County will conduct a prompt and thorough investigation that ensures due process for all parties, whenever management receives a complaint about sexual harassment, or otherwise knows of possible sexual harassment occurring. Allegany County will keep the investigation confidential to the extent possible. Effective corrective action will be taken whenever sexual harassment is found to have occurred. All employees, including managers and supervisors, are required to cooperate with any internal investigation of sexual harassment.
6. All employees are encouraged to report any harassment or behaviors that violate this policy. Allegany County will provide all employees a complaint form for employees to report harassment and file complaints.
7. Managers and supervisors are required to report any complaint that they receive, or any harassment that they observe or become aware of, to Human Resources.
8. This policy applies to all employees, paid or unpaid interns, and non-employees and all must follow and uphold this policy. This policy must be provided to all employees and should be posted prominently in all work locations to the extent practicable (for example, in a main office, not an offsite work location) and be provided to employees upon hiring.
What Is "Sexual Harassment"?
Sexual harassment is a form of sex discrimination and is
unlawful under federal, state, and (where applicable) local law. Sexual
harassment includes harassment on the basis of sex, sexual orientation, self-identified
or perceived sex, gender expression, gender identity and the status of being transgender.
Sexual harassment includes unwelcome conduct which is either
of a sexual nature, or which is directed at an individual because of that
individual's sex when:
• Such conduct has the purpose or effect of unreasonably
interfering with an individual's work performance or creating an intimidating,
hostile or offensive work environment, even if the reporting individual is not
the intended target of the sexual harassment;• Such conduct is made either explicitly or implicitly a term or condition of employment; or
• Submission to or rejection of such conduct is used as the basis for employment decisions affecting an individual's employment.
A sexually harassing hostile work environment includes, but is not limited to, words, signs, jokes, pranks, intimidation or physical violence which are of a sexual nature, or which are directed at an individual because of that individual's sex. Sexual harassment also consists of any unwanted verbal or physical advances, sexually explicit derogatory statements or sexually discriminatory remarks made by someone which are offensive or objectionable to the recipient, which cause the recipient discomfort or humiliation, which interfere with the recipient's job performance.
Sexual harassment also occurs when a person in authority
tries to trade job benefits for sexual favors. This can include hiring,
promotion, continued employment or any other terms, conditions or privileges of
employment. This is also called "quid pro quo" harassment. Any
employee who feels harassed should report so that any violation of this policy
can be corrected promptly. Any harassing conduct, even a single incident, can
be addressed under this policy.
Examples of sexual harassmentThe following describes some of the types of acts that may be unlawful sexual harassment and that are strictly prohibited:
• Physical acts of a sexual nature, such as:
o Touching, pinching, patting, kissing, hugging, grabbing, brushing against another employee's body or poking another employee's body;
o Rape, sexual battery, molestation or attempts to commit these assaults.
• Unwanted sexual advances or propositions, such as:
o Requests for sexual favors accompanied by implied or overt
threats concerning the target's job performance evaluation, a promotion or
other job benefits or detriments;o Subtle or obvious pressure for unwelcome sexual activities.
• Sexually oriented gestures, noises, remarks or jokes, or comments about a person's sexuality or sexual experience, which create a hostile work environment.
• Sex stereotyping occurs when conduct or personality traits are considered inappropriate simply because they may not conform to other people's ideas or perceptions about how individuals of a particular sex should act or look.
• Sexual or discriminatory displays or publications anywhere in the workplace, such as:
o Displaying pictures, posters, calendars, graffiti, objects, promotional material, reading materials or other materials that are sexually demeaning or pornographic. This includes such sexual displays on workplace computers or cell phones and sharing such displays while in the workplace.
• Hostile actions taken against an individual because of that individual's sex, sexual orientation, gender identity and the status of being transgender, such as:
o Interfering with, destroying or damaging a person's workstation, tools or equipment, or otherwise interfering with the individual's ability to perform the job;
o Bullying, yelling, name-calling.
Who can be a target of sexual harassment?
Sexual harassment can occur between any individuals,
regardless of their sex or gender. New York Law protects employees, paid or
unpaid interns, and non-employees, including independent contractors, and those
employed by companies contracting to provide services in the workplace.
Harassers can be a superior, a subordinate, a coworker or
anyone in the workplace including an independent contractor, contract worker,
vendor, client, customer or visitor.
Where can sexual harassment occur?
Unlawful sexual harassment is not limited to the physical
workplace itself. It can occur while employees are traveling for business or at
employer sponsored events or parties. Calls, texts, emails, and social media
usage by employees can constitute unlawful workplace harassment, even if they occur
away from the workplace premises, on personal devices or during non-work hours.
Retaliation
Unlawful retaliation can be any action that could discourage
a worker from coming forward to make or support a sexual harassment claim.
Adverse action need not be job-related or occur in the workplace to constitute
unlawful retaliation (e.g., threats of physical violence outside of work
hours). Such retaliation is unlawful under federal, state, and (where
applicable) local law. The New York State Human Rights Law protects any
individual who has engaged in "protected activity." Protected activity
occurs when a person has:
• made a complaint of sexual harassment, either internally
or with any anti-discrimination agency;
• testified or assisted in a proceeding involving sexual
harassment under the Human Rights Law or other anti-discrimination law;
• opposed sexual harassment by making a verbal or informal
complaint to management, or by simply informing a supervisor or manager of
harassment;
• reported that another employee has been sexually harassed;
or
• encouraged a fellow employee to report harassment.
Even if the alleged harassment does not turn out to rise to
the level of a violation of law, the individual is protected from retaliation
if the person had a good faith belief that the practices were unlawful. However,
the retaliation provision is not intended to protect persons making
intentionally false charges of harassment.
Reporting Sexual Harassment
Preventing sexual harassment is everyone's responsibility.
Allegany County cannot prevent or remedy sexual harassment unless it knows
about it. Any employee, paid or unpaid intern or nonemployee who has been
subjected to behavior that may constitute sexual harassment is encouraged to
report such behavior to a supervisor, manager or Human Resources. Anyone who
witnesses or becomes aware of potential instances of sexual harassment should
report such behavior to a supervisor, manager or Human Resources. Reports of
sexual harassment may be made verbally or in writing. A form for submission of
a written complaint is attached to this Policy, and all employees are encouraged
to use this complaint form. Employees who are reporting sexual harassment on
behalf of other employees should use the complaint form and note that it is on
another employee's behalf.
Employees, paid or unpaid interns or non-employees who
believe they have been a target of sexual harassment may also seek assistance
in other available forums, as explained below in the section on Legal
Protections.
Supervisory Responsibilities
All supervisors and managers who receive a complaint or
information about suspected sexual harassment, observe what may be sexually
harassing behavior or for any reason suspect that sexual harassment is
occurring, are required to report such suspected sexual harassment to Human Resources.
In addition to being subject to discipline if they engaged
in sexually harassing conduct themselves, supervisors and managers will be
subject to discipline for failing to report suspected sexual harassment or
otherwise knowingly allowing sexual harassment to continue. Supervisors and
managers will also be subject to discipline for engaging in any retaliation.
Complaint and Investigation of Sexual Harassment
All complaints or information about sexual harassment will
be investigated, whether that information was reported in verbal or written
form. Investigations will be conducted in a timely manner, and will be confidential
to the extent possible. An investigation of any complaint, information or
knowledge of suspected sexual harassment will be prompt and thorough, commenced
immediately and completed as soon as possible. The investigation will be kept
confidential to the extent possible. All persons involved, including
complainants, witnesses and alleged harassers will be accorded due process, as
outlined below, to protect their rights to a fair and impartial investigation. Any
employee may be required to cooperate as needed in an investigation of
suspected sexual harassment. Allegany County will not tolerate retaliation
against employees who file complaints, support another's complaint or
participate in an investigation regarding a violation of this policy. While the
process may vary from case to case, investigations should be done in accordance
with the following steps:
• Upon receipt of complaint, Human Resources will conduct an
immediate review of the allegations, and take any interim actions (e.g.,
instructing the respondent to refrain from communications with the
complainant), as appropriate. If complaint is verbal, encourage the individual
to complete the "Complaint Form" in writing. If he or she refuses,
prepare a Complaint Form based on the verbal reporting.
• If documents, emails or phone records are relevant to the
investigation, take steps to obtain and preserve them.
• Request and review all relevant documents, including all
electronic communications.
• Interview all parties involved, including any relevant
witnesses;
• Create a written documentation of the investigation (such
as a letter, memo or email), which contains the following:
o A list of all documents reviewed, along with a detailed
summary of relevant documents;
o A list of names of those interviewed, along with a
detailed summary of their statements;
o A timeline of events;
o A summary of prior relevant incidents, reported or unreported; ando The basis for the decision and final resolution of the complaint, together with any corrective action(s).
• Keep the written documentation and associated documents in a secure and confidential location.
o A timeline of events;
o A summary of prior relevant incidents, reported or unreported; ando The basis for the decision and final resolution of the complaint, together with any corrective action(s).
• Keep the written documentation and associated documents in a secure and confidential location.
• Promptly notify the individual who reported and the
individual(s) about whom the complaint was made of the final determination and
implement any corrective actions identified in the written document.
• Inform the individual who reported of the right to file a
complaint or charge externally as outlined in the next section.
Legal Protections And External Remedies
Sexual harassment is not only prohibited by Allegany County
but is also prohibited by state, federal, and, where applicable, local law.
Aside from the internal process at Allegany County employees
may also choose to pursue legal remedies with the following governmental
entities. While a private attorney is not required to file a complaint with a
governmental agency, you may seek the legal advice of an attorney. In addition
to those outlined below, employees in certain industries may have additional
legal protections.
State Human Rights Law (HRL)
The Human Rights Law (HRL), codified as N.Y. Executive Law,
art. 15, § 290 et seq., applies to all employers in New York State with regard
to sexual harassment, and protects employees, paid or unpaid interns and
non-employees, regardless of immigration status. A complaint alleging violation
of the Human Rights Law may be filed either with the Division of Human Rights
(DHR) or in New York State Supreme Court. Complaints with DHR may be filed any
time within one year of the harassment. If an individual did not file at DHR,
they can sue directly in state court under the HRL, within three years of the
alleged sexual harassment. An individual may not file with DHR if they have
already filed a HRL complaint in state court.
Complaining internally to Allegany County does not extend
your time to file with DHR or in court. The one year or three years is counted
from date of the most recent incident of harassment. You do not need an
attorney to file a complaint with DHR, and there is no cost to file with DHR. DHR
will investigate your complaint and determine whether there is probable cause
to believe that sexual harassment has occurred. Probable cause eases are
forwarded to a public hearing before an administrative law judge. If sexual
harassment is found after a hearing, DHR has the power to award relief, which
varies but may include requiring your employer to take action to stop the
harassment, or redress the damage caused, including paying of monetary damages,
attorney's fees and civil fines. DHR's main office contact information is: NYS
Division of Human Rights, One Fordham Plaza, Fourth Floor, Bronx, New York
10458. You may call (718) 741-8400 or visit: www.dhr.nv.gov.
Contact DHR at (888) 392-3644 or visit dhr.nv.aov/comDlaint for more
information about filing a complaint. The website has a complaint form that can
be downloaded, filled out, notarized and mailed to DHR. The website also
contains contact information for DHR's regional offices across New York State.
Civil Rights Act of 1964
The United States Equal Employment Opportunity Commission
(EEOC) enforces federal antidiscrimination laws, including Title VII of the
1964 federal Civil Rights Act (codified as 42 U.S.C. § 2000e et seq.). An
individual can file a complaint with the EEOC anytime within 300 days from the harassment.
There is no cost to file a complaint with the EEOC. The EEOC will investigate
the complaint, and determine whether there is reasonable cause to believe that
discrimination has occurred, at which point the EEOC will issue a Right to Sue
letter permitting the individual to file a complaint in federal court.
The EEOC does not hold hearings or award relief, but may
take other action including pursuing cases in federal court on behalf of
complaining parties. Federal courts may award remedies if discrimination is
found to have occurred. In general, private employers must have at least 15
employees to come within the jurisdiction of the EEOC.
An employee alleging discrimination at work can file a
"Charge of Discrimination." The EEOC has district, area, and field
offices where complaints can be filed. Contact the EEOC by calling 1 -800-669-4000
(TTY: 1 -800-669-6820), visiting their website at www.eeoc.gov or via email at info@eeoc.aov.
If an individual filed an administrative complaint with DHR,
DHR will file the complaint with the EEOC to preserve the right to proceed in
federal court.
Local Protections
Many localities enforce laws protecting individuals from
sexual harassment and discrimination. An individual should contact the county,
city or town in which they live to find out if such a law exists. For example,
employees who work in New York City may file complaints of sexual harassment
with the New York City Commission on Human Rights. Contact their main office at
Law Enforcement Bureau of the NYC Commission on Human Rights, 40 Rector Street,
10th Floor, New York, New York; call 311 or (212) 306-7450; or visit www.nyc.aov/html/cchr/html/home/home.shtml.
Contact the Local Police Department
If the harassment involves unwanted physical touching,
coerced physical confinement or coerced sex acts, the conduct may constitute a
crime. Contact the local police department.
