II. DEFINITION OF SEXUAL HARASSMENT
III. EXAMPLES OF SEXUAL HARASSMENT
IV. SEXUAL HARASSMENT INVESTIGATION
V. SEXUAL HARASSMENT INVESTIGATION
VII. STATE AND FEDERAL REMEDIES
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I. POLICY STATEMENT
Sexual
harassment creates an unpleasant work environment and hinders good job
performance.
Not only are the victims of sexual harassment affected by this type of
conduct,
sexual harassment adversely affects all other employees of the City of Woburn.
Sexual
harassment undermines the integrity of the workplace and can result in excessive
absenteeism,
loss of morale, and polarization of staff. It is imperative, therefore, that
all
employees
be sensitive to the effects of their actions.
It is
the goal of the City of Woburn to promote a workplace that is free of sexual
harassment.
Sexual harassment of employees occurring in the workplace or in other
settings
in which employees may find themselves in connection with their employment is
unlawful
and will not be tolerated. Further, any retaliation against individuals for
cooperating
with an investigation of a sexual harassment complaint is similarly unlawful
and
will not be tolerated. To achieve our goal of providing a workplace free from
sexual
harassment,
the conduct that is described in this policy will not be tolerated and we have
provided
a procedure by which inappropriate conduct will be dealt with if encountered by
employees.
Because
the City of Woburn takes allegations of sexual harassment seriously, it will
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respond
promptly to complaints of sexual harassment and where it is determined that
such
inappropriate conduct has occurred, it will act promptly to eliminate the
conduct and
impose
such corrective action as is necessary, including disciplinary action where
appropriate.
Please
note that while this policy sets forth the City of Woburn’s goals of promoting
a
workplace
that is free of sexual harassment, the policy is not designed or intended to
limit
our
authority to discipline or take remedial actions for workplace conduct which it
deems
unacceptable,
regardless of whether that conduct satisfies the definition of sexual
harassment.
II. DEFINITION OF SEXUAL HARASSMENT
For
purposes of this policy and consistent with applicable law, sexual harassment
is
defined
as follows:
Unwelcome
sexual advances, request for sexual favors, and other verbal and/or physical
conduct
of a sexual nature constitute sexual harassment when:
a.
submission to such advances, requests, or conduct is made either explicitly or
implicitly
a term or condition of an individual’s employment;
b.
submission to or rejection of such conduct by an individual is used as the
basis for
employment
decisions affecting such individuals; or
c. 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.
Under
these definitions, direct or implied requests by a supervisor for sexual favors
in
exchange
for actual or promised job benefits such as favorable reviews, salary
increases,
promotions,
increased benefits, or continued employment constitutes sexual harassment.
While
it is not possible to list all those additional circumstances that may
constitute sexual
harassment,
the following are some examples of conduct which if unwelcome, may
constitute
sexual harassment depending upon the totality of the circumstances including
the
severity of the conduct and its pervasiveness:
Unwelcome
sexual advances – whether they involve physical touching or not;
Sexual
epithets, jokes, written or oral references to sexual conduct, gossip regarding
one’s
sex life, comment on an individual’s body, comment about an individual’s sexual
activity,
deficiencies or prowess;
Displaying
sexually suggestive objects, pictures, cartoons;
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Unwelcome
leering, whistling, brushing against the body, sexual gestures, suggestive or
insulting
comments;
Inquiries
into one’s sexual experiences; and,
Discussion
of one’s sexual activities.
All
employees should take special note that, as stated above, retaliation against
an
individual
who has complained about sexual harassment, and retaliation against
individuals
for cooperating with an investigation of a sexual harassment complaint is
unlawful
and will not be tolerated by this organization.
If any
city employee believes that he or she has been subjected to sexual harassment,
the
employee
has the right to file a complaint. This may be done in writing or orally. If
you
would
like to file a complaint you may do so by contacting the Mayor, or his
designee, City
Hall,
10 Common Street, Woburn, MA 01801, (617) 932-4501, who is available to discuss
any
concerns you may have and to provide information to you about our policy on
sexual
harassment
and our complaint process.
The
Mayor or his designee will promptly investigate the allegation in a fair and
expeditious
manner.
The investigation will include a private interview with the person filing the
complaint
and with witnesses. The investigation will also include an interview with the
person
alleged to have committed sexual harassment. When the investigation is
completed
the Mayor or his designee to the extent appropriate, will inform the person
filing
the
complaint and the person alleged to have committed the conduct of the results
of that
investigation.
If it
is determined that inappropriate conduct has occurred, prompt action will be
taken to
eliminate
the offending conduct, and where it is appropriate, disciplinary action will be
taken.
If it
is determined that inappropriate conduct has been committed by a city employee,
the
Mayor
or his designee will take such action as is appropriate under the
circumstances.
Such
action may range from counseling to termination from employment, and may
include
such
other forms of disciplinary action as is deemed appropriate under the
circumstances.
In
addition to the above, if you believe you may have been subject to sexual
harassment,
you may
file a formal complaint with either or both of the government agencies set
forth
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below.
Using the City of Woburn’s complaint process does not prohibit you from filing
a
complaint
with these agencies. Each of the agencies has a short time period for filing a
claim
(EEOC – 180 days; MCAD – 6 months).
The
United States Equal Employment Opportunity Commission (“EEOC”)
10
Congress Street – 10th Floor
Boston,
MA 02114
The
Massachusetts Commission Against Discrimination (“MCAD”)
Boston
Office: One Ashburton Place, Suite 601, Boston, MA 02108 (617) 727-3990
Springfield
Office: 424 Dwight Street – Room 220, Springfield, MA 01103 (413) 739-2145
(added
2/7/97)
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