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RESOLUTION 2018-894
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ADOPTED DOC ID: 14545
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-894 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
OCTOBER 9,2018:
RESOLVED that the Town Board of the Town of Southold hereby adopts the "Policy Against
Workplace Sexual Harassment" dated October 9,2018.
Elizabeth A. Neville
Southold Town Clerk
RESULT: , ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER:Robert Ghosio, Councilman
AYES: Dinizio Jr, Doherty, Ghosio, Evans, Russell
EXCUSED: William P. Ruland
POLICY AGAINST WORKPLACE SEXUAL HARASSMENT
Introduction
The Town of Southold is committed to maintaining a workplace that is free from sexual
harassment. Sexual harassment is a form of workplace discrimination and will not be tolerated.
All employees are required to work in a manner that prevents sexual harassment in the
workplace. This Policy is one component of the Town’s commitment to a discrimination-free
work environment.
Sexual harassment is against the law. All employees, applicants for employment, interns,
non-employees (as defined below) and other persons conducting business with the Town have a
legal right to a workplace that is free from sexual harassment.
The Town is equally committed to maintaining a workplace that is free from
discrimination and other types of prohibited harassment. For more information, please see the
Town’s Policy on Work Place Violence, the Town’s Employee Handbook and the town’s
Administrative Employee Handbook.
Policy
This Policy applies to all employees, applicants for employment, interns, non-employees
(see definition below), and other persons conducting business with the Town, regardless of
immigration status, (“covered individuals”) with respect to conduct by other persons.
For purposes of this Policy, a “non-employee” is an independent contractor, agent or
someone who is (or who is employed by) a contractor, subcontractor, vendor, consultant or
anyone providing services in the workplace. Non-employees also include volunteers, temporary
workers, persons providing equipment repair, cleaning services or any other service pursuant to a
contract, or other relationship with the Town.
All covered individuals must follow and uphold this Policy.
Sexual harassment is a form of misconduct and will not be tolerated. Sexual harassment
is offensive, a violation of the Town’s policies, unlawful, and may subject the Town to liability
for harm to targets of sexual harassment. Sexual harassers may also be individually subject to
liability.
Following receipt of a complaint about sexual harassment or of knowledge regarding
possible sexual harassment that is occurring or has occurred, the Town will conduct a prompt,
thorough and confidential investigation that ensures due process for all parties. Appropriate
corrective action, subject to any statutory or contractual limitations, will be taken whenever
sexual harassment is found to have occurred.
What is “Sexual Harassment?”
Sexual harassment is a form of sex discrimination and is unlawful pursuant to 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 that is of a sexual nature or that is
directed at an individual because of his/her sex, sexual orientation, gender identity or transgender
status when:
the 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;
the conduct is made either explicitly or implicitly a term or condition of employment;
or
submission to or rejection of the 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 that are of a sexual nature, or that are
directed at an individual because of his/her sex, sexual orientation, gender identity or transgender
status. Sexual harassment also consists of any unwanted verbal or physical advances, sexually
explicit derogatory statements or sexually discriminatory remarks made by someone that are
offensive or objectionable to the recipient, which cause the recipient discomfort or humiliation or
that interfere with his/her job performance.
Sexual harassment also occurs when a person in authority tries to trade job benefits for
sexual favors. Job benefits may include hiring, promotion, continued employment or any other
terms, conditions or privileges of employment. This is also called “quid pro quo” harassment.
Any covered individual who believes that he/she is being or has been sexually harassed
should report the sexual harassment so that any violation of this Policy can be promptly
corrected. Any sexually harassing conduct, even a single incident, can be addressed pursuant to
this Policy.
Examples of Sexual Harassment
The following describes some of the types of acts that are strictly prohibited and that may
constitute unlawful sexual harassment:
Physical acts of a sexual nature including:
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o Touching, pinching, patting, kissing, hugging, grabbing, brushing against another
person’s body or poking another person’s body; and
o Rape, sexual battery, molestation or attempts to commit these assaults.
Unwanted sexual advances or propositions including:
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; and
o Subtle or obvious pressure for unwelcome sexual activities.
Sexually oriented gestures, noises, remarks, jokes or comments about a person’s
sexuality or sexual experience that creates a hostile work environment.
Sex stereotyping which 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
including:
o Displaying pictures, posters, calendars, graffiti, objects, promotional material,
reading materials or other materials that are sexually demeaning or pornographic.
This includes displays on workplace computers, cell phones or other electronic
devices and sharing these displays while in the workplace.
Hostile actions taken against an individual because of his/her sex, sexual orientation,
gender identity or transgender status, including:
o Interfering with, destroying or damaging a person’s workstation, tools or
equipment, or otherwise interfering with the person’s ability to perform the job;
o Sabotaging a person’s work; and
o Bullying, yelling or name-calling.
Who Can be a Target of Sexual Harassment?
Sexual harassment can occur between or among any individuals, regardless of their sex or
gender. New York Law protects covered individuals from sexual harassment. Sexual harassers
can be a superior, a subordinate, a co-worker or anyone in the workplace including another
covered individual or any other person, including a visitor.
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Where Can Sexual Harassment Occur?
Unlawful sexual harassment is not limited to the physical workplace itself. It can also
occur outside of the workplace while covered individuals are traveling for work or at employer-
sponsored events, programs, activities or parties. Calls, texts, emails, and social media usage can
constitute unlawful workplace harassment even if they occur away from the workplace premises,
on personal devices or outside of work hours.
Retaliation is Prohibited
Retaliation against anyone who, in good faith, complains, provides information or assists
in an investigation of suspected sexual harassment as a witness or otherwise will not be tolerated.
No covered individual will be subject to adverse action(s) (e.g., being discharged,
disciplined, discriminated against; etc.) because that person, in good faith, reports an incident of
sexual harassment, provides information, or otherwise participates in any investigation of a
sexual harassment complaint.
Appropriate corrective action, subject to any statutory or contractual limitations,
including, but not limited to, disciplinary action, termination of employment and/or termination
of any contractual or other relationship with the Town will be implemented.
Unlawful retaliation can be any action that could discourage a covered individual 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).
Retaliation is unlawful pursuant to 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, in good faith:
made a complaint of sexual harassment, either internally or with any anti-
discrimination agency;
testified or assisted in a proceeding involving sexual harassment pursuant to 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 sexual harassment.
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Even if the alleged sexual harassment does not rise to the level of a violation of law, the
individual is protected from retaliation if he/she had a good faith belief that the practices were
unlawful. The retaliation provision is not intended, however, to protect persons making
intentionally false charges of sexual harassment.
Any covered individual who believes that he/she has been a target of any acts of
retaliation in violation of this Policy should immediately report that conduct to his/her immediate
Supervisor. If the complaint involves or the individual is hesitant to report to his/her immediate
Supervisor, the individual should report the conduct to one of the Town’s Compliance Officers. The
Town’s Compliance Officers are: Karen McLaughlin, Department of Human Services; Denis
Noncarrow, Government Liaison Officer, and; Damon Hagan, Esq., Assistant Town Attorney.
If the complaint involves one of the Town’s compliance Officers, or the individual is hesitant
to report to the Town’s Compliance Officers, the individual is encouraged to report the behavior to
the Town Attorney.
Contact information for these individuals can be found on the Town’s Website –
www.southoldtownny.gov.
Anyone who believes that he/she has been a target of prohibited retaliation may seek
legal remedies, as explained below in the section on “Legal Protections.”
Reporting Sexual Harassment
Preventing sexual harassment is everyone’s responsibility. The Town cannot prevent or
remedy sexual harassment unless we know about it.
All covered individuals are encouraged to report any behavior that may constitute sexual
harassment in violation of this Policy to his/her immediate Supervisor. If the complaint involves or
the individual is hesitant to report to his/her immediate Supervisor, the behavior should be reported to
one the Town’s Compliance Officers. If the complaint involves one of the Town Compliance
Officers, or the individual is hesitant to report to the Town’s Compliance Officers, the individual is
encouraged to report the behavior to the Town Attorney.
Contact information for these individuals can be found on the Town’s Website –
www.southoldtownny.gov.
Anyone who witnesses or becomes aware of a potential instance of sexual harassment
should also report this behavior to one of the above individuals.
Reports of sexual harassment may be made orally or in writing. A form for submission of
a written complaint is attached to this Policy, and all covered individuals are encouraged to use
this complaint form. If a covered individual reports sexual harassment on behalf of someone else,
he/she should use the written complaint form and note that he/she is submitting the complaint on
someone else’s behalf.
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Anyone who believes that he/she has been a target of prohibited sexual harassment may
seek legal remedies, as explained below in the section on “Legal Protections.”
Supervisory Responsibilities
Any supervisor or manager who receives a complaint or information about suspected
sexual harassment, observes what may be sexually harassing behavior or for any reason becomes
aware of or suspects that sexual harassment is occurring or has occurred, is required to report
that suspected sexual harassment to one the Town’s Compliance Officers, irrespective of whether
the affected individual files a complaint. If the complaint or information involves the one of the
Town’s Compliance Officers, the supervisor/manager must report the suspected sexual harassment to
the Town Attorney. If the complaint or information involves the Town Attorney, the
supervisor/manager must report the suspected sexual harassment to the Town Supervisor.
Contact information for these individuals can be found on the Town’s Website –
www.southoldtown.gov.
In addition to potentially being subject to appropriate corrective action, subject to any
statutory or contractual limitations, if they engage in sexually harassing conduct or retaliation
themselves, supervisors and managers will be subject to appropriate corrective action, subject to
any statutory or contractual limitations, for failing to report suspected sexual harassment or for
otherwise knowingly allowing sexual harassment to continue. Corrective action includes, but is
not limited to, disciplinary action or termination of employment.
Complaint and Investigation of Sexual Harassment
All complaints or information about sexual harassment will be investigated, whether that
information was reported in oral or written form. 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. All persons involved, including complainants,
witnesses and alleged sexual harassers will be afforded due process, as outlined below, to protect
their rights to a fair and impartial investigation.
All covered individuals, including supervisors and managers, may be required to
cooperate as needed in an investigation of suspected sexual harassment to the extent permitted by
law. Anyone who participates in an investigation will not be retaliated against for that reason.
The Town will not tolerate retaliation against anyone who files a complaint, supports another’s
complaint or participates in an investigation regarding a violation of this Policy.
While the process may vary from case to case, the following investigation procedure
must be followed when there is any indication that sexual harassment has taken, or is taking,
place:
The Town Attorney, or designee, will investigate all complaints of sexual harassment,
except as otherwise outlined herein. Third parties may be designated to investigate a
complaint or assist with any investigation.
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Upon receipt of a complaint or report of suspected sexual harassment, the Town
Attorney, or designee, will conduct an immediate review of the allegations. If the
complaint is oral, the Town Attorney, or designee, will encourage the complainant or
informant to complete the written complaint form, a copy of which is attached to this
Policy. If he or she refuses, the Town Attorney, or designee, will prepare a complaint
form based on the oral reporting.
If documents, emails, phone records or other paper or electronic records are relevant
to the allegations, the Town will take steps to obtain and preserve them.
The Town Attorney, or designee, will request and review all relevant documents,
including all electronic communications.
The Town Attorney, or designee, will interview all parties involved, including any
relevant witnesses.
All records of the investigation will be maintained in a secure and confidential location.
The Town Attorney, or designee, will notify the individual who complained and the
alleged perpetrator of the outcome of the investigation.
The Town Attorney, or designee, will inform the individual who complained of his/her
right to file a complaint or charge externally, as outlined below.
Corrective Action
Any person, including covered individuals of every level who, upon an investigation in
accordance with this Policy, is determined to have engaged in impermissible sexual harassment
or retaliation in violation of this Policy, will be subject to appropriate corrective action, subject
to any statutory or contractual limitations, including, but not limited to, disciplinary action (e.g.,
suspension or termination of employment).
If the sexual harassment involves a non-employee or other individual, then other
consequences may be implemented up to and including termination of any contractual or other
relationship between the Town and the non-employee or other individual.
Confidentiality
The confidentiality and privacy of all parties involved in a complaint, report or
investigation of suspected sexual harassment or retaliation in accordance with this Policy will be
respected to the extent possible while permitting the Town to conduct a thorough investigation of
the complaint or report and take appropriate corrective action as necessary.
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Bad Faith Claims
If, after investigating a complaint of sexual harassment, it is determined that a person has
made a claim of sexual harassment or retaliation in bad faith, or intentionally provided false
information regarding a claim of sexual harassment or retaliation, legal action and/or appropriate
corrective action including, but not limited to, disciplinary action, termination of employment
and/or termination of any contractual or other relationship with the Town may be taken against
that person, subject to any statutory or contractual limitations.
Legal Protections and External Remedies
Sexual harassment is not only prohibited by the Town, but it is also prohibited by State,
federal and (where applicable) local law. Aside from the internal process at the Town, covered
individuals may also choose to pursue legal remedies including, for example, in court and/or
with the below 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.
New York State Human Rights Law (HRL)
The HRL, codified as N.Y. Executive Law, Art. 15, § 290 et seq., applies to employers in
New York State with regard to sexual harassment and protects employees, paid and 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 the DHR may be filed any time within one year of
the harassment. If an individual did not file at the DHR, they can sue directly in State court
pursuant to the HRL within three years of the alleged harassment. An individual may not file
with the DHR if they have already filed a HRL complaint in State court.
Complaining internally to the Town does not extend your time to file with the DHR or in
court. The one-year and three-year time periods outlined above are counted from the date of the
most recent incident of harassment.
You do not need an attorney to file a complaint with the DHR, and there is no cost to file.
The DHR will investigate your complaint and determine whether there is probable cause to
believe that sexual harassment has occurred. Probable cause cases are forwarded to a public
hearing before an administrative law judge. If sexual harassment is found after a hearing, the
DHR has the authority to award relief, which varies but may include requiring an employer to
take action to stop the harassment, or redress the damage caused, including paying monetary
damages, attorneys’ fees and civil fines.
The DHR’s main office contact information is: NYS Division of Human Rights, One
Fordham Plaza, Fourth Floor, Bronx, New York 10458, (718) 741-8400. The contact information
for DHR’s Suffolk County Office is State Office Building, 250 Veterans Memorial Highway,
Suite 2B-49, Hauppauge, New York 11788, (631) 952-6434, www.dhr.ny.gov. Individuals can
contact the DHR at (888) 392-3644 or visit dhr.ny.gov/complaint for more information about
filing a complaint. The website has a complaint form that can be downloaded, filled out,
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notarized and mailed to the 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
anti-discrimination 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. You do not need an attorney to file a complaint with the EEEOC and
there is no cost to file. 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.
If an employee believes that he/she has been discriminated against at work, he/she 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 (1-800-669-6820 (TTY)),
visiting their website at www.eeoc.gov or via email at info@eeoc.gov. If an individual filed an
administrative complaint with the DHR, the 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 or work
to find out if one or more of these laws exist.
For example, anyone who lives or works in Suffolk County may file complaints of sexual
harassment with the Suffolk County Human Rights Commission at: H. Lee Dennison Building,
100 Veterans Memorial Hwy, Third Floor, Hauppauge, NY 11788, (631) 853-5480.
Contact the Police Department
If the sexual harassment involves physical touching, coerced physical confinement or
coerced sexual acts, the conduct may constitute a crime and affected individuals should contact
the police department.
Dissemination and Training
This Policy should be posted prominently in all work locations to the extent practicable
(for example, in a main office, but not an off-site work location). The Town will provide this
Policy to all employees and will provide this Policy to new employees upon hire.
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All employees will receive sexual harassment prevention training at least annually.
We trust that everyone will continue to act responsibly to establish a working
environment free of sexual harassment. We encourage you at any time to raise any questions
you may have about this Policy.
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SEXUAL HARASSMENT COMPLAINT FORM
If you believe that you have been subjected to sexual harassment, you are encouraged to
complete this form and submit it to your immediate Supervisor. If your complaint involves or you
are hesitant to submit this form to your immediate Supervisor, you should submit the form to one of
the Town’s Compliance Officers. If your complaint involves or you are hesitant to submit this form to
the Town’s Compliance Officers, you should submit this form to the Town Attorney. Contact
information for these individuals can be found on the town’s Website at
www.southoldtownny.gov.
This form can be submitted by hand, inter-office mail, e-mail, or postal delivery. Retaliation
against anyone who, in good faith, files a sexual harassment complaint form is prohibited. If you
are more comfortable reporting orally or in another manner, the Town will complete this form,
provide you with a copy of it and follow its Policy Against Workplace Sexual Harassment by
investigating the claims.
For additional resources, visit: ny.gov/programs/combating-sexual-harassment-workplace
COMPLAINANT INFORMATION
Name: _______________________________________________________________________
Work Address: ______________________
Work Phone: ________________________
Job Title: ___________________________ Email: _____________________________
Select Preferred Communication Method: Email Phone In person
SUPERVISORY INFORMATION
Immediate Supervisor’s Name: ____________________________________________________
Title: _________________________________________________________________________
Work Phone: __________________________ Work Address: _______________________
COMPLAINT INFORMATION
1. The complaint of Sexual Harassment is made about:
Name: _______________________________ Title: ______________________________
Work Address: ________________________ Work Phone: ________________________
Relationship to you: Supervisor Subordinate Co-Worker Other
2. Please describe what happened and how it is affecting you and your work. Please use
additional sheets of paper if necessary and attach any relevant documents or evidence.
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
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3. Date(s) sexual harassment occurred: ______________________________________________
Is the sexual harassment continuing? Yes No
4. Please list the name and contact information of any witnesses or individuals who may have
information related to your complaint:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
The last question is optional, but may help the investigation.
5. Have you previously complained or provided information (oral or written) about related
incidents? If yes, when and to whom did you complain or provide information?
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
If you retained legal counsel and would like us to work with them, please provide their contact
information. ___________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
I hereby affirm that the information contained in this complaint is true and correct to the best of
my knowledge, information and belief.
Signature: __________________________ Date: __________________
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Norklun, Stacey
From:Neville, Elizabeth
Sent:Friday, May 10, 2019 12:40 PM
To:Norklun, Stacey
Subject:FW: Southold - Policy Against Workplace Sexual Harassment final 05 06 2019
Attachments:Southold - Policy Against Workplace Sexual Harassment final 05 06 2019.docx
Stacey,
Please file in LF; Policies & Procedures (together w/e-mail)
Thanks.
Betty
From: Silleck, Mary
Sent: Wednesday, May 08, 2019 1:18 PM
To: Neville, Elizabeth
Cc: Richard K. Zuckerman (RKZ@LambBarnosky.com); Doroski, Bonnie; Rudder, Lynda
Subject: Southold - Policy Against Workplace Sexual Harassment final 05 06 2019
Betty, attached is the Sexual Harassment Policy for filing with your office –
Mary Silleck
Secretary to the Town Attorney
Town of Southold
Southold Town Hall Annex
54375 Route 25 (Main Road)
P.O. Box 1179
Southold, New York 11971
Office: (631) 765-1939
Fax: (631) 765-6639
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