Sexual Harassment Policy

This represents the Town of Albany policy concerning harassment – both general and sexual. Any questions concerning the context of this policy should be discussed with your department head or the Mayor.

Harassment is a form of employment discrimination that violates Title VII of the Civil rights Act of 1964, the Age Discrimination in Employment Act of 12967, (ADEA), and the Americans with Disabilities Act of 1990. (ADA)

It is the Town of Albany’s belief that its employees are the primary means by which the goals and objectives of the organization will be met. All employees of the Town of Albany must understand its position of harassment. By definition, harassment is any unwanted physical or verbal conduct or action prohibited by law by someone in the workplace that creates an intimidating, hostile, or offensive work environment, including discrimination and sexual harassment.

The Mayor of the Town of Albany, and its Council, strongly disapproves of activity which falls within the definitions of unlawful harassment and will take appropriate action to end said harassment and/or prevent the recurrence of any such misconduct.

Any form of harassment or discrimination that violates federal, state or local law, including but not limited to that which is related to an individual’s race, religion, color, sex, sexual orientation, national origin, pregnancy, age, disability, or other traits, characteristics, or activities that are protected by law, is a violation of this policy and will be treated as a disciplinary matter.

The procedure for reporting and dealing with these very sensitive issues is a follows:

If a person’s behavior makes an employee uncomfortable, the employee should feel free to immediately advise the person that, in the employee’s opinion, the behavior is inappropriate that the employee would like it to stop.

• a) Verbal: Sexual innuendos, suggestive comments, threats, sexual humor;
• b) Non Verbal: Leering, whistling, obscene gestures;
• c) Physical: Touching, brushing the body, coerced sexual activity, assault.

Whether or not a particular incident is sexual harassment requires a complete factual investigation, and the Town of Albany will conduct such investigations on all complaints in a manner so as not to cause ant serious effect on innocent employees who either file a complaint and/or may be subject of a filed complaint. In all instances, a prompt and thorough investigation will take place, giving careful consideration to protect the rights and dignity of all persons involved. The Town of Albany will take those steps it feels necessary to resolve the problem, which may include verbal or written reprimand, suspension or termination.

It must be understood also that the Town of Albany will investigate by gathering information, in as confidential manner as possible, given the need to investigate the complaint, from all concerned parties, and will not retaliate against any employee as a result of reports of alleged harassment or cooperation with any investigation. The Town of Albany may consult its legal representative for assistance in determining whether conduct which as occurred does in fact constitute sexual harassment.

The Town of Albany also makes subsequent inquiries from time to ensure offensive conduct does not resume and/or that the subject of such harassment has not suffered any retaliation. No retaliation of and kind will be tolerated because am employee in good faith reports an incident of suspected harassment. The supervisor, or other person to whom the complaint was made, will work to establish mutually agreed upon safeguards against retaliation while attempting to mediate any sexual harassment complaint.

Any employee, manager, or supervisor found by the Town of Albany to have unlawfully harassed, sexually harassed otherwise unlawfully discriminated against, or unlawfully retaliation against another employee will be subject to appropriate discipline, up to and including termination.

To download the PDF version of this policy, please click here.