Under these conditions, 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 harrassment.
The legal definition of sexual harrassment is broad and in addition to the above examples, other sexually oriented conduct, whether it is intended or not, that is unwelcome and has the effect of creating a work place environment that is hostile, offensive, intimidating, or humiliating to male or female workers may also constitute sexual harrassment.
While it is not possible to list all those additional circumstances that may constitute sexual harrassment, the following are some examples of conduct which, if unwelcome, may constitute sexual harrassment depending upon the totality of the circumstances including the severity of the conduct and its pervasiveness:
- Unwelcomed 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 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 harrassment, and retaliation against individuals for cooperating with an investigation of a sexual harrassment complaint is unlawlful and will not be tolerated by this organization.
III. Complaints of Sexual Harrassment
If any of our employees believes that he or she has been subjected to sexual harrassment, the employee has the right to file a complaint with our organization. This may be done in writing or orally.
If you would like to file a complaint, you may do so by contacting the Personnel Director, Administrative Offices, Somerset Town Office, 140 Wood Street, Somerset, MA 02726; telephone number: (508) 646-2800. The Personnel Director is also available to discuss any concerns you may have, to provide information to you about our policy on sexual harrassment, and our complaint process.
IV. Sexual Harrassment 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 harrassment. 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 inappropriare conduct has occurred, we will act promptly to eliminate the offending conduct, and where it is appropriate, we will also impose discipliary action.
V. 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.
VI. State and Federal Remedies
In addition to the above, if you believe you have been subjected to sexual harrassment, 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 complaint with these agencies. Each of these agencies has a short time period for filing a claim (EEOC - 180 days; MCAD- 6 months)
1. The United Sates Equal Employment Opportunity Commission (EEOC)
One Congress Street - 10th Floor
Boston, MA 02114
(617)-565-3200
2. The Massachusetts Commission Against Discrimination (MCAD)
Boston Office:
One Ashburton Place - Room 601
Boston, MA 02108
(617)-727-3990
Springfield Office:
424 Dwight Street - Room 220
Springfield, MA 01103
(413) 739-2145
ADOPTED: November 13, 1996
By: The Somerset Board of Selectmen
Christopher J. Matte, Chairman
William P. Meehan
Roger J. Benevides