EQUAL EMPLOYMENT OPPORTUNITY POLICY

The Town of Danvers is committed to providing equal employment opportunity for all employees and applicants regardless of race, color, religion, gender, sexual orientation, gender identity and/or expression, marital status, age, national origin, citizenship status, physical or mental disability, genetic information, military or veteran status or any other class protected by federal, state or local laws.

This policy shall be clearly communicated to all Department Managers, all personnel and all prospective job applicants.  The successful implementation of this policy shall remain as one of the highest personnel priorities of this administration.  The success of this program shall indeed insure that all citizens will have equal employment opportunity with the Town of Danvers.

AFFIRMATIVE ACTION COMMITMENT

The Affirmative Action Plan is a specific, assertive, pragmatic plan to change and/or remedy the effects of past discrimination.  It affects all management practices, including compensation, benefits and conditions of employment, job qualifications, recruitment, testing, interviewing, selection and hiring, probationary period, disciplinary actions, retention, training and advancement.

A complete copy of the Town's Affirmative Action Plan is on file with, and available through, our Human Resources Department.

AMERICANS WITH DISABILITIES ACT

it is the policy of the Town to comply with requirements of the regulations contained in the U. S. Americans with Disabilities Act of 1990.  This policy applies to all employees of the Town, excluding those employees under the supervision and control of the School Committee.

The Town will not discriminate against people with disabilities in any employment practices or in terms, conditions or privileges of employment, including, but not limited to, application, testing, hiring, assignment, evaluation, disciplinary action, training, promotion, medical examination, layoff/recall, termination, compensation, leaves or benefits.

A complete copy of this policy is on file with, and available through, the Human Resources Department.

CONFLICT OF INTEREST

All employees shall comply with the State Conflict of Interest Law in all respects.  In addition thereto:

Outside employment -- No employee shall accept outside employment if such outside employment directly interferes with an employee's performance and is in conflict with any provisions of state law.  No employee shall receive or request compensation from, or act as an agent for, anyone other than the municipality in relation to any matter in which the Town is a party or has a direct and substantial interest.

Solicitations and acceptance of gifts, gratuities, fees, loans, etc. -- No Town employee, acting in his/her professional capacity on behalf of the Town shall solicit or accept any personal gift, gratuity, loan, fee or other thing of substantial value.  (The Massachusetts Appeals Court has determined that $50.00 is a "substantial value").  Employees may accept fees for work done on their own time, except as prohibited by state law and provided the individual or group engaging the employee has no contractual relationship with the Town.  No employee shall solicit any gift or gratuity, for their personal benefit, from another employee.

No employee shall use, or attempt to use, his/her official position to secure any unwarranted privilages or exemptions for him/herself or others.

No employee shall, by his/her conduct, give reasonable basis for the impression that any person can improperly influence or unduly enjoy his/her favor in the performance of official duties, or that he/she is unduly affected by the kinship, rank, position or influence of any party or person.

DRUG FREE WORKPLACE

On November 18, 1988, Congress passed the Drug-Free Work Place Act of 1988.  This statute requires employers, such as cities and towns, who are recipients of Federal grants, to certify that they will provide drug-free work places.  Making the required certification is a precondition for receiving a contract or grant from a federal agency.

As part of the Federal mandate, cities and towns, as well as other employers, are required to publish and distribute to all employees a policy prohibiting illegal drugs in the work place. This may appear to be a very obvious requirement, since no employer knowingly permits drug usage in the work place.  However, employers are now required to formalize this position into proactive policies and programs.

To that end, all employees are advised that it is now, and always has been, the policy of the Town of Danvers that:

"It is unlawful to manufacture, distribute, dispense, possess or use a controlled substance in any workplace in the Town of Danvers."

Furthermore, various penalties, including possible dismissal, will be imposed on anyone who violates this policy.

The Town of Danvers has established a drug-free awareness program and will soon begin disseminating this information.  All employees are also advised that a drug-free work place is a condition of employment for them as well as new employees.

The Town will naturally comply with the law as mandated, but it is interested in the well being of its employees, not their punishment.  Therefore, employees will be made aware of any counseling, rehabilitation or assistance programs available to them should the need arise.

SEXUAL HARASSMENT POLICY

It is the goal of the Town of Danvers to promote a workplace that is free of sexual harassment.  Sexual harassment of employees ofccurring 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 by this organization.  Further, any retaliation against an individual who has complained about sexual harassment or 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 encourtered by employees.

Because the Town of Danvers takes allegations of sexual harassment seriously, we will respond promptly to complaints of sexual harassment, and where it is determined that such inappropriate conduct has occurred, we 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 our 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 action for workplace conduct which we deem unacceptable, regardless of whether that conduct satisfies the definition of sexual harassment.

Definition of Sexual Harassment -- In Massachusetts, the legal definition of sexual harassment is this:

"Sexual harassment" means sexual advances, requests for sexual favors and verbal or physical conduct of a sexual nature when:

a. Submission to, or rejection of, such advances, requests or conduct is made, either explicitly or implicitly, a term or condition of employment or as a basis for employment decisions, or,

b.  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.

The legal definition of sexual harassment is broad, and in addition to the above examples, other sexually-oriented conduct, whether it is intended or not, that is unwelcome or has the effet of creating a workplace environment that is hostile, offensive, intimidating or humiliating to male or female workers may also constitute 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.
  • Unwelcome leering, whistling, brushing against the body, sexual gestures, suggestive or insulting comments.
  • Inquiries into one's sexual experience, and,
  • Discussion or 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.

Complaints of Sexual Harassment - If any of our employees believes that he or she has been subjected to sexual harassment, the employee has the right to file a complaint with our organization.  This may be done in writing or orally.

Any employee who feels he or she has been sexually harassed should immediately report the alleged harassment to his/her supervisor or to any representative of the Town of Danvers management with whom the employee feels comfortable talking.

Once sexual harassment is reported to a representative of management, the Director of Human Resources will be notified.

Sexual Harassment Investigation -- When we receive the complaint, we will promptly investigate the allegation in a fair and expeditious manner.  The investigation will be conducted in such a way as to maintain confidentiality to the extent practicable under the circumstances.  Our investigation will include a private interview with the person filing the complaint and with witnesses.  We will also interview the person alleged to have committed sexual harassment.  When we have completed our investigation, we will, to the extent appropriate, 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, we will act promptly to eliminate the offending conduct, and where it is appropriate, we will also impose disciplinary action.

Disciplinary Action -- If it is determined that inappropriate conduct has been committed by one of our employees, we 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 we deem appropriate under the circumstances.

State and Federal Remedies -- In addition to the above, if you believe you have been subjected to sexual harassment, you may file a formal complaint with either or both of the government agencies set forth below.  Using our complaint process does not prohibit you from filing a claim (EEOC: 180 days; MCAD: 6 months).

The U.S. Equal Employment Opportunity Commission (EEOC):

John F. Kennedy Federal Building, 475 Government Center, Boston, MA 02203 -- 617-565-3200 or 1-800-669-4000; FAX: 617-565-3196

The Massachusetts Commission Against Discrimination (MCAD):

Boston Office

One Ashburton Place, Room 601, Boston, MA 02108, 617-994-6000

Springfield Office

436 Dwight Street, Room 220, Springfield, MA 01103, 413-739-2145

 

 

 
 
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