Workplace Conduct / Page 1 of 3
Document ID: Operational SOG # 202
Issue No: 1
Issued 07/01/2007
Reviewed 07/01/2007
Approved by: District Fire Chief
Board of Fire
Commissioners
1. Purpose and Scope
1.1 All Mantua Township Fire Department members shall conduct themselves in
a professional manner during emergency response operations, training and all
other times when representing the Department. This Policy will provide the basic
guidelines of such behavior.
2. Sexual Harassment Policy
2.1 In recognition of the dignity and worth of each person who is a member of the
Mantua Township Fire Department or has contact with the Department, the
following is promulgated as policy. Sexual harassment is illegal; it constitutes
serious misconduct and it undermines the integrity of employment relationships,
degrades morale and can be destructive to its victims. Therefore, the Mantua
Township Fire Department, with the adoption of this policy, institutes a zero
tolerance attitude toward sexual harassment in the workplace.
2.2 Authority
- Title VII of the Civil Rights Act of 1964, U.S. 2000e et. seq.
- Civil Rights Act of 1991, U.S.C. 1981 et. seq.
- N.J.S.A. 10.5-1 et. seq. (New Jersey Law Against Discrimination)
- N.J.S.A. 11A:1-1 et. seq.
- N.J.A.C. 4A:703.1
2.3 Sexual Harassment Defined
Sexual Harassment is defined as unwelcome sexual advances, requests for
sexual favors and other verbal or physical conduct based on gender when:
- Submission to such conduct is made either explicitly or implied to be a term or condition of employment;
- Submission to or rejection of such conduct by an individual that is used as the basis for employment decisions affecting the said individual; or
- Such conduct has the purpose or effect of unreasonable interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment including, but not limited to:
-Gender harassment; generalized gender-based remarks and behavior; seductive behavior; inappropriate, unwanted, offensive physical or verbal advances; sexual bribery; solicitation of sexual activity and other sex-linked behavior by promise of reward; sexual coercion; coercion of sexual activity by threat of punishment; sexual assault; gross sexual imposition such as touching, fondling and grabbing.
2.4 Filing a Sexual Harassment Complaint
Any member of the Department who believes that he or she has been a victim of sexual harassment has a right to file a complaint against the harasser or harassers. This right shall be granted to the employee/member without regard to race, color, national origin, ancestry, age, sex, sexual orientation, marital status, physical or mental disability, an atypical or sexual cellular bloodtrait, genetic information or time of service. Complainants may file either a formal or informal complaint. All complaints will be responded to in a prompt and thorough manner.
Complainants also reserve the right to file with the applicable local, state and federal agencies. Complainants desiring to file with outside agencies are further advised that the time period within which the complaints may be filed with the State or Federal civil rights agencies are short (within 180 days for the New Jersey Division of Civil Rights and within a maximum of 300 days under most circumstances of the U.S. Equal Employment Opportunity Commission). Choosing the Company’s complaint procedure does not suspend those time periods.
No employer/member shall suffer any ill effects of retaliation for filing a complaint.
2.5 Confidentiality
Confidentiality of the Complainant, harasser and witnesses shall be maintained to the extent possible. All parties involved in the proceeding will be advised to maintain strict confidentiality, from the initial contact to the final decision of the Organization, so as to protect the privacy of all involved.
2.6 Retaliation for Sexual Harassment Complaints
Disciplining, changing work assignments of, providing inaccurate work information to, or refusing to cooperate or discuss work related matters with any employee/member that has complained about sexual harassment is strictly prohibited.
2.7 Remedial Action
Remedial action for persons found to be in violation of this Policy may include written reprimand, reassignment, suspension, termination and referral to the criminal justice system for possible regulatory violations. Remedial actions for non-employees/members, such as vendors may also include termination of contracts in addition to the above items.
2.8 Right to Representation
Representation in a complaint proceeding is not required; however, both the complainant and the accused have the right to be represented throughout the process by an attorney, union representative or other person of their choice. The Mantua Township Fire Department shall not pay nor reimburse any legal representation expenses.
2.9 Supervisory Responsibilities
In order to ensure the integrity of the work environment, managerial and/or supervisory personnel (i.e. all elected/appointed personnel) are required to be familiar with and enforce this Policy, and, upon being made aware of a possible sexual harassment situation, are required to:
- Take appropriate and immediate action to stop the harassing behavior.
- Inform the employee/member of their right to file a Sexual Harassment Complaint.
- Notify the Station Captain, Battalion or District Fire Chiefs, or if they are involved, the highest ranking Line Officer of the incident and the action taken.
2.10 Appeals
All findings and penalties resulting from an investigation of the event are subject to appeal. Members that wish to appeal shall do so to the District Fire Chief, in writing within 30 days of receiving a written summary and notice of the penalties to be administered. Upon receiving the appeal the District Fire Chief shall convene a special “Appeals Board” consisting of the Board of Fire Commissioners.
Uncontrolled copy when printed