Discriminatory Harassment and Violence Prevention Policy (PDF)

TOWN OF WATERFORD
DISCRIMINATORY HARASSMENT AND VIOLENCE PREVENTION POLICY
DISCRIMINATORY HARASSMENT
The Town depends upon a work environment of tolerance and respect.
Discriminatory harassment in the workplace including, but not limited to, verbal slurs,
negative stereotyping, overt hostility and the distribution of written or graphic material
designed to attack someone based on their race, color, sex (including pregnancy, sexual
harassment, sexual orientation, transgender status, gender identity or expression), genetic
information, age, physical disability, learning disability, mental disability, intellectual
disability, religion, national origin, citizenship status, ancestry, marital status, civil union
status, veteran status, or any other class characteristics protected under applicable federal,
state, or local law is prohibited.
The Town will respond promptly to complaints of discriminatory harassment in the
workplace, and where it is determined that inappropriate conduct has occurred, we will act to
eliminate the conduct and take any action necessary, including discipline where appropriate.
While this policy sets forth our goals of having a workplace that is free of any form of
harassment, the policy is not designed or intended to limit the Town’s authority to take
disciplinary or remedial action for workplace conduct that the Town considers unacceptable,
regardless of whether that conduct satisfies the definition of discriminatory harassment.
IL DEFINITION OF DISCRIMINATORY HARASSMENT
Discriminatory harassment, including, but not limited to sexual harassment, is a form
of workplace harassment which adversely affects the employment relationship.
Discriminatory harassment of employees occurring in the workplace or in other
settings in which individuals of the Town may find themselves is prohibited by state
and federal law. Discriminatory harassment refers to behavior that is not welcome by
the individual, is personally offensive to him/her, and interferes with the ability of the
individual to work effectively.
Sexual harassment is a form of illegal sex discrimination and is defined under law as:
“Any unwelcome sexual advances or requests for sexual favors or any conduct of a
sexual nature when:
(1) Submission to such conduct is made either explicitly or implicitly a term or
condition of an individual’s employment;
(2) Submission or rejection of such conduct by an individual is used as the basis
for employment decisions affecting such individual; or

(3) Such conduct has the purpose or effect of substantially interfering with an
individual’s work performance or creating an intimidating, hostile or offense
work environment.”
Men or women may be the victims of harassment, and victims may be members of the
same protected class as harassers. Harassers need not be supervisors of victims; co-
workers and/or peers may engage in harassment. The victim does not have to be the
person at whom the unwelcome conduct is directed. The victim may be someone who
is affected by the conduct, even when it is directed toward a third person, if the conduct
creates an intimidating, hostile, or offensive working environment for the person or
interferes with the person’s work performance. The Town strictly prohibits
discriminatory harassment.
Discriminatory harassment comes in many forms — verbal, non-verbal and physical.
The following are some examples of conduct which, if unwelcome, may constitute
discriminatory harassment depending upon the totality of the circumstances, including
the severity of the conduct and its pervasiveness:
. Foul language of an offensive or sexual nature;
° Verbal abuse of a sexual nature;
. Propositions, jokes or language of a sexual nature;
. Pressure or requests for sexual favors, especially by a person in authority;
* Actual or attempted sexual assault or rape;
. Persistent following or stalking;
. Improperly leaning over a person or restricting another person’s physical
freedom;
. Teasing someone based on any protected class (e.g., religion, age, gender, etc.)
. Conversation or gossip with sexual overtones;
. Sending sexually suggestive self-photos (i.e. selfies) to co-workers via text
message or other instant messaging “apps”;
. Obscene or sexually aggressive gestures, such as hand gestures or other non-
verbal motions of an offensive nature;
° Ethnic slurs;
. Inquiries into one’s sexual experiences and/or preferences;
. Comments or threats regarding a person’s protected class;
. Unwanted physical contact such as touching, hugging, kissing, stroking,
fondling, patting, pinching, or repeated brushing up against another's body;
. Posting or distributing objects, pictures, cartoons, or other materials that are
degrading of a person’s sex, religion, age, disability or other protected class
characteristics;
. Sending offensive or discriminatory messages or materials through the use of
electronic communications (e.g., text messages, electronic mail, including the
Internet, voice mail, social media, and facsimile);
. Staring at parts of a person's body;
. Microaggressions such as making jokes or comments based on past
stereotypes, ie., assuming women with children have to leave work early to
take care of the children, but men with children do not.

i. INDIVIDUAL RESPONSIBILITIES FOR PREVENTING WORKPLACE
HARASSMENT
Each individual of the Town is personally responsible for:
° Ensuring that his/her conduct does not harass any other person with whom
he/she comes in contact on the job, such as a resident, vendor or member of
the general public;
. Cooperating in any investigation of alleged harassment by providing any
information he/she possesses concerning the matter being investigated;
. Actively participating in efforts to prevent and eliminate harassment and to
maintain a working environment free from such discrimination;
. Ensuring that an individual who files a harassment claim and/or cooperates in
an investigation may do so without fear of retaliation or reprisal.
WORKPLACE VIOLENCE PREVENTION
The Town seeks to have a workplace free of violence and the threat of violence. THERE
WILL BE ZERO TOLERANCE OF ACTS OR THREATS OF VIOLENCE IN OUR
WORKPLACE BY EMPLOYEES, RESIDENTS, VENDORS, MEMBERS OF THE
GENERAL PUBLIC, AND/OR ANYONE WHO CONDUCTS BUSINESS WITH THE
TOWN.
It is the intent of the Town to provide a workplace which is free from physical attacks,
harassment, property crimes, threats, or any other violent act(s). The Town has developed the
following procedures and principles with regard to violence in the workplace, Each employee
must be familiar with these policies and regulations.
L DEFINITIONS OF “ACTS OF VIOLENCE” AND “THREATS OF
VIOLENCE”
1. Any act of physical violence including, but not limited to, pushing, shoving,
punching, striking, pinching, biting, kicking, wrestling, slapping, or any other
aggressive or unsolicited, unwanted contact between two parties. By their
nature, physical attacks often involve breaking criminal laws.
2. Any actual threat of immediate or future harm, whether verbally, in writing or
by an employee’s conduct or physical gesturing.
3. Any implied threat, made either verbally or by an employee’s conduct or
physical gesturing towards an employee, his or her family, friends, associates
or property.

U.
TI.
7.
Verbal abuse, including unwanted telephone calls or language by a party
designed to damage or harm another.
Threatening with a weapon, dangerous instrument or item construed to be or
utilized as a weapon which may include but are not limited to firearms, models,
replicas, or an object whose outline represents a firearm, knives, mace, bats,
ammunition, clubs, and other such items.
POSSESSION OF ANY WEAPON OR DANGEROUS INSTRUMENT BY
AN EMPLOYEE DURING WORK HOURS AND/OR ON TOWN OF
WATERFORD PROPERTY IS STRICTLY FORBIDDEN AND IS
GROUNDS FOR DISCIPLINE UP TO AND INCLUDING
TERMINATION.
Property crimes, sabotage, theft, and destruction including, but not limited to,
the abuse or destruction of Town of Waterford property, tools, or equipment
and/or the personal property of others in the workplace.
Harassing surveillance or stalking (following or watching someone).
DEFINITION OF “WORKPLACE”
1.
2.
An employee’s immediate and/or assigned work area.
All Town of Waterford property including buildings, grounds, vehicles and
parking areas.
The area in which an employee is assigned to work whether or not this area is
specifically located on Town of Waterford property.
Off duty conduct which spills over into the workplace, i.e., posting threatening
or discriminatory statements about co-workers on social media.
INDIVIDUAL RESPONSIBILITIES FOR ADDRESSING WORKPLACE
HARASSMENT.
It is the duty and obligation of all employees who either experience or observe any act
or threat of violence in the workplace to immediately report such behavior in
accordance with Section C of this policy. Failure to report such behavior may result
in disciplinary action, up to and including termination, for the employee involved. If
there is an immediate emergency, employees are authorized to call 911.
Employees may sometimes be involved in personal disputes with family members,
neighbors, etc., that can escalate to the point where injunctions, restraining orders,
and other court orders are sought. We request that employees include their work
location and/or their residence in the order. We suggest that the employee inform
his/her Department Head, the Human Resources Department and/or the First
Selectman of the issuance of such an order and provide a description of the

Cc.
individual cited in the order. Even in the case where an employee has not secured a
court order but fears for his/her safety, we request that the employee notify the police
department immediately, and inform their Supervisor and/or the First Selectman as
soon as practicable.
PROCEDURES FOR COMPLAINTS OF DISCRIMINATORY HARASSMENT OR
WORKPLACE VIOLENCE
1.
Complaint. The Town has designated the Human Resources Director as the Equal
Employment Opportunity (““EEO”)/Grievance Officer. If any individual believes
he/she has been subjected to workplace harassment and/or violence, the individual
should initiate a complaint by contacting the EEO/Grievance Officer as soon as
possible. The individual should file the complaint promptly following any incident of
alleged harassment and/or workplace violence. The longer the period of time between
the event giving rise to the complaint and the filing, the more difficult it will be for the
Town to reconstruct what occurred. The individual may be requested to write out
his/her complaint to document the charge. False or malicious reporting may result in
an investigation and appropriate discipline.
Note: Individuals do not have to go through the regular chain of reporting procedures
when reporting harassment. Moreover, if the individual is uncomfortable contacting
the EEO/Grievance Officer for any reason, the individual may contact the First
Selectman. Individuals other than the EEO/Grievance Officer or First Selectman who
are informed of potential discriminatory harassment or workplace violence are
required to notify the EEO/Grievance Officer or First Selectman.
Investigation. Upon receipt of the complaint, the EEO/Grievance Officer or the First
Selectman (or designee) will promptly conduct an investigation into the matter. The
charged individual will be asked to respond to the complaint. Additional investigation
will be made to the extent appropriate in each case. If, after the completion of this
investigation, it is determined that there is reasonable cause for finding a violation of
this policy, the Town will notify the complainant and the charged individual of the
finding verbally. This process will be confidential to the extent consistent with an
effective investigation, subject to the business needs of the Town.
Decision. After the investigation has been concluded, the Town will make a final
decision. If the Town finds that the investigation substantiates the allegations in the
complaint, the Town will discipline the charged individual. Disciplinary action will
be appropriate to the offense and may include termination. The complainant will be
notified of the disposition of the investigation.
Retaliation. Retaliation against an individual for filing a complaint of workplace
harassment or violence and/or cooperating in an investigation of a harassment
complaint and/or workplace violence complaint is against the law and/or this policy.
The Town wil! take appropriate disciplinary action, up to and including termination,
against employees who retaliate against those who object to and/or report harassment
or violence, and/or who participate in an investigation.

D. DISCIPLINE
1.
Each incident will be evaluated independently and a proper remedy will be provided
based upon the nature of the offense, duration, totality of the circumstances, and past
offenses. Depending upon the severity of the offense, remedies may range from an
oral reprimand to immediate termination.
Incidents involving weapons or other dangerous instruments are grounds for
immediate disciplinary action up to and including termination from employment.
ANY QUESTIONS ON THIS POLICY SHOULD BE REFERRED TO THE EEO/
GRIEVANCE OFFICE OR THE FIRST SELECTMAN
PRB: 02/20/20