POLICY PROHIBITING SEXUAL HARASSMENT

The Board of Fire Commissioners of the New Hackensack Fire District has a strong commitment to providing a workplace atmosphere conducive to maintaining the dignity of all its workers. Any act of discrimination or harassment whether it is based on race, religion, national origin, sex, age or handicap, is a violation of Section 703 of Title VII of the Civil Rights Law. The District shall actively investigate any alleged act of discrimination or harassment, and shall take appropriate disciplinary action against all employees participating in any prohibited manner.

GUIDELINES:

Unwelcome sexual advances, requests for sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature will constitute sexual harassment when:

submission to the conduct is either an explicit term or condition of employment; or

submission to or rejection of the conduct is used as a basis for employment decision affecting the person rejecting or submitting to the conduct; or

the conduct has the purpose or effect of unreasonably interfering with an affected person's work performance, or creating an intimidating, hostile or offensive work environment.

The Board of Fire Commissioners consider sexual harassment to be a particularly destructive form of misconduct, offenders will be subject to the full weight of disciplinary sanctions, as will any supervisor or officer who, having been made aware of such conduct by an employee or volunteer knowingly allows such acts to continue.

While conducting investigations, no action will be taken without the concurrence of the employee, and complete confidentiality will be maintained throughout the investigatory process. In addition, any employee who participates in the procedure may do so without fear of retaliation.

Retaliation against an employee who files a discrimination complaint is illegal and will result in disciplinary action.

Nothing in this policy should be construed as in any way limiting employees right to utilize the grievance procedure, or to file a complaint with the New York State Division of Human Rights, or to take any legal action which they deem advisable. However, once the employee decides to file a complaint with the New York State Division of Human Rights, the internal investigation by the Board will cease.

All District employees and volunteers shall attend the mandatory in-service training workshop on sexual harassment.

RESPONSIBILITIES OF OFFICERS:

All officers are responsible to reasonably supervise the members that report to them. They are not expected to be Amind readers@, but must take steps to prevent Sexual Harassment by being aware of the behavior and work conditions that take place under their supervision.

SOME EXAMPLES OF SEXUALLY HARASSING BEHAVIOR:

--Visual harassment such as posters, magazines, calendars, cartoons, or caricatures.

--Verbal harassment such as repeated requests for dates, nude comments, sexually explicit jokes or whistling.

--Written harassment, such as love letters, opponents, or graffiti.

--Non-verbal harassment, such as obscene or suggestive gestures or motions.

--Subtle pressure or sexual activities.

--Unnecessary touching, padding, pinching, rubbing or kissing.

--Leering or ogling.

--Frequent intentional brushing up against another person's body.

--Promise of a promotion or favorable assignment or advancement opportunities in return for sexual favors.

--Demands of sexual favors accompanied by implied or overt threats regarding such matters as termination, negative evaluations, denial of membership benefits or opportunities.

--Physical assaults or attempted assaults of the sexual nature or for a sexual purpose.

COMPLAINT PROCEDURE:

Any member who feels that he or she has been sexually harassed should immediately report the matter to any member of the Board of Fire Commissioners. Similarly, any member who believes that he or she has witnessed Sexual Harassment or who has reason to believe that Sexual Harassment is taking place should do likewise.

The District will handle all allegations of Sexual Harassment in a lawful manner to ensure that any such conduct does not continue. As a matter of her team, that District will investigate complaints of Sexual Harassment but may reject anonymous complaints. Such investigations will be conducted as discreetly and as confidentially as circumstances allow.

Informal discussion and resolution will be the preferred method of handling complaints. In any event the District will not permit any person to be affected in employment or membership with the District as a result of his or her having brought a complaint of Sexual Harassment so long as such complaint was made in good faith.

STANDARDS FOR EVALUATING SEXUAL HARASSMENT:

Determining the existence of "This for That" or "Quid Pro Quo" harassment is not particularly difficult. However, determining whether unwelcome sexual it conduct rises to level of the second category of unlawful harassment-- hostile work environment harassment is more difficult. See above for the definition of both kinds of Sexual Harassment.

In order to determine whether hostile work environment harassment has occurred, the District may consider the following factors:

whether the conduct was verbal or physical, or both;

how frequently it was repeated;

whether the conduct was hostile and blatently offensive;

the rank and authority of the alleges harassed her;

whether others joined in perpetrated the alleges harassment; and

whether the alleges harassment was directed at more than one individual.

After considering the above factors the District will decide whether the conduct unreasonably interferes with an individual=s work performance or creates an intimidating, hostile or offensive work environment. In determining whether the harassment is sufficiently severe or pervasive to create hostile work environment the harassed hers conduct will be evaluated from the perspective of a Areasonable person@ of the same gender as the member who has brought the complaint.

The Areasonable person@ standard will consider the victims perspective and not what may or may not have been acceptable in the past. For example, the Equal Employment Opportunities Commission believes that a workplace in which sexual slurs, display of Agirlie@ pictures and other offensive conduct abound can constitute a hostile work environment even if members believe it to be insignificant or harmless.

Isolated sexual conduct or remarks generally do not create an unlawful environment. Keep in mind, however, management may still choose to intervene before unlawful harassment occurs. A hostile work environment claimed generally will require a showing of a pattern of offensive conduct. A single, unusually severe incident of harassment, however, may be sufficient to constitute a title seven violation; the more severe harassment, the less need to show a repetitive series of incidents. This is particularly true when the harassment is physical.

DISCIPLINE:

Any event that the District investigation determines that he member has committed Sexual Harassment that individual may be subject to reprimand, suspensions, or dismissal depending on the magnitude and seriousness of defense, as well as previous offenses, if any.

PREVENTION OF SEXUAL HARASSMENT:

The District prefers to emphasize the prevention of Sexual Harassment to the investigation and discipline that results after harassment has occurred. All members are encouraged to:

--Conduct themselves in a businesslike manner at all times.

--Know the District policy on Sexual Harassment.

--Be aware of your attitudes regarding the opposite sex in general and Sexual Harassment in particular.

--Never ignore instances of Sexual Harassment or conditions giving rise to Sexual Harassment.

--Set a positive example by treating everyone with respect and letting others know that you demand the same degree respects from them.

--Do not assume that sexually explicit jokes, cartoons or pictures, friendly gestures and so forth are harmless or inoffensive.

--Refrain from making jokes at someone else's expense and from seeking to embarrass, humiliate, offend or threaten others.

--Carefully consider whether or not personal comments or questions are appropriate to the relationship and/or the workplace before speaking.

--Do not Ago along with the crowd@ or as an individual accept the inappropriate behavior of others.

--Be supportive of people who are being harassed or who have been sexually harassed.

--Do not hesitate to seek help in preventing or remedying a situation of Sexual Harassment.

--Weigh your options in dealing with Sexual Harassment carefully, since such obvious Afixes@ such as remaining silent, transferring or resigning are rarely best solution to the problem.

--Do not use negative behavior to bring attention to yourself in an effort to bring attention to the problem.

--Immediately stop any behavior that you believe, even as a remote possibility, might be interpreted as Sexual Harassment.

--Consider whether you would object to having your remarks recorded or your actions videotaped and later played back your spouse, parents, friends or acquaintances. If you have a problem with such an arrangement, reconsider the appropriateness of your workplace behavior.

--Communicate. If another member=s conduct is offensive, tell them so.

--Communicate. If you believe that your conduct may be offensive to someone, asked him or her if it is. Be prepared to respect their answer.