Harassment Prevention, including Sexual Harassment
Economy Paving Company, Inc.
Effective January 1, 2020
Please read this information in it’s entirety and then fill out the form below and submit
Economy Paving Company is committed to maintaining a workplace free from sexual harassment, and any other form of harassment. Harassment is a form of discrimination and is against the law. This policy is one piece of Economy Paving Company’s commitment to a workplace free from discrimination. All employees are required to conduct themselves in a manner that prevents harassment. In addition to applying to employees, this policy applies to applicants for employment, interns, contractors and others conducting business with Economy Paving Company. This policy was developed in conformance with federal and state law. Committing all forms of harassment, including sexual harassment, or management’s knowingly allowing it to happen is a form of misconduct. Economy Paving Company has the legal right to subject such individuals to disciplinary action, including immediate termination of their employment.
Sexual harassment can occur between any individuals, regardless of their gender. It is not limited to the physical workplace. Harassment can occur while employees are traveling for business, or at employer sponsored events. Calls, texts, emails, and other forms of social media might constitute unlawful workplace harassment even if they occur away from the workplace premises or not during working hours.
Definition of Harassment, including Sexual Harassment
Sexual harassment is a form of sex discrimination, and includes harassment on the basis of sex, sexual orientation, gender identity, the status of being transgender, and any other legally protected status, including age, race, creed, color, national origin, military status, disability, genetic predisposition, familial status, marital status, or domestic violence victim status.
Sexual harassment includes unwelcome conduct which is of a sexual nature, or which is directed at an individual because of that individual’s sex when:
· Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive work environment. This applies even if the complaining individual is not the intended target of the sexual harassment. · Such conduct is made explicitly or implicitly a term or condition of employment; or · Submission to or rejection of such conduct affects decisions made regarding an individual’s employment.
A hostile work environment could consist of, signs, jokes, pranks, intimidation or physical violence which are of a sexual nature OR are directed at an individual because of that individuals’ sex (gender) or other legally protected characteristic. Sexual harassment could also consist of unwelcomed verbal or physical advances, sexually explicit derogatory statements or sexually discriminatory remarks which are offensive or objectionable to the recipient, and cause discomfort or humiliation and/or interfere with the recipient’s
job performance.
Examples of Harassment
· Physical contact of a sexual nature such as touching, pinching, or brushing against another’s body.
· Unwanted sexual advances such as requests for sexual favors, which could be implied or overt threats concerning the individual’s employment.
· Sexually oriented gestures, noises, remarks, jokes or comments about a person’s sexuality or sexual experience.
· Sexually or discriminatory displays or publications such as pictures, posters, calendars, graffiti, objects, or any other materials that are sexually demeaning or pornographic. This includes on workplace or personal electronic devices while in the work environment.
· Hostile actions taken against an individual such as interfering with, destroying, or damaging a person’s workstation, equipment, or otherwise interfering with their ability to perform their job, yelling and name-calling.
Reporting Harassment and Investigations
Reporting harassment, or potential harassment, is everyone’s responsibility. Anyone who feels they have been subjected to behavior that may constitute sexual or other harassment, or witnesses or becomes aware of potential instances of harassment, or actions that could lead to harassment, should promptly report it to their supervisor. If the issue is with their supervisor, they should contact Stephen Compagni, President, or John Clark, Director Environmental and Safety.
There is a Complaint Form at the end of this policy. Although reports may be made verbally or in writing, employees are encouraged to use this form. Individuals may submit reports without fear of retaliation. Whenever a complaint is received, Economy Paving Company will conduct a prompt investigation that ensures due process for all individuals involved. This includes complaints received in writing or verbally. All employees are required to cooperate in any internal investigation.
Managers and supervisors are required to report any complaint that they receive or any harassment they observe to Stephen Compagni, President, or John Clark, Director Environmental and Safety. The next step is for the appropriate individuals to conduct an immediate review of allegations and take any interim actions as appropriate as per internal investigation procedures. Economy Paving Company may use internal or external investigators.
The individual who complained will be informed of the final determination. Employees are reminded that reporting a false complaint is a serious act; could be considered misconduct;
and could lead to disciplinary action, up to and including termination of employment.
Retaliation Prohibited
Unlawful retaliation can be any action that could discourage an individual from coming forward to make or support a sexual or other harassment claim. Adverse action need not be job-related or occur in the workplace to constitute unlawful retaliation (e.g., threats of physical violence outside of work hours).
Such retaliation is unlawful under federal, state, and (where applicable) local law. The New York State Human Rights Law protects any individual who has engaged in “protected activity.” Protected activity occurs when a person has:
· made a complaint of sexual harassment, either internally or with any anti-discrimination agency;
· testified or assisted in a proceeding involving sexual harassment under the Human Rights Law or other anti-discrimination law;
· opposed sexual harassment by making a verbal or informal complaint to management, or by simply informing a supervisor or manager of harassment;
· reported that another employee has been sexually harassed; or
· encouraged a fellow employee to report harassment.
Even if the alleged harassment does not turn out to rise to the level of a violation of law, the individual is protected from retaliation if the person had a good faith belief that the practices were unlawful. However, the retaliation provision is not intended to protect persons making intentionally false charges of harassment. Legal Protection and External Remedies
In addition to being prohibited by Economy Paving harassment is also prohibited by state, federal, and where applicable, local law. It is an employee’s legal right to pursue external remedies. New York State Division of Human Rights (DHR)
The Human Rights Law (HRL), codified as N.Y. Executive Law, art. 15, § 290 et seq., applies to all employers in New York State with regard to sexual harassment, and protects employees, paid or unpaid interns and non-employees, regardless of immigration status. Complaints alleging violation of this law may be filed either with the Division of Human Rights (DHR) or in New York State Supreme Court. Complaints with DHR may be filed any time within one year of the alleged harassment. If an individual does not file with DHR, he/she can sue directly in State court. Claims cannot be filed with the DHR if the individual has already filed in State court.
DHR will investigate complaints and make a determination. If they feel there is probable cause to move forward, the next step is a public hearing before an administrative law judge. If discrimination is found as a result of that hearing, DHR has the power to award relief, which varies but may include requiring an employer to take action to stop the harassment, or redress the damage caused, including paying monetary damages, attorney’s fees and civil fines.
Employees may visit DHR’s web site at
United States Equal Employment Opportunity Commission (EEOC)
The EEOC enforces federal anti-discrimination laws, including Title VII of the 1964 Civil Rights Act (codified as 42 U.S.C. § 2000e et seq.) An individual can file a complaint with the EEOC anytime within 300 days from the alleged harassment. The EEOC will investigate the complaint and determine whether Harassment Prevention, including Sexual Harassment there is reasonable cause to believe that discrimination has occurred. If they find reasonable cause, the
EEOC will issue a Right to Sue letter permitting the individual to file a complaint in federal court. The EEOC does not hold hearings or award relief but has the ability to take other action including pursuing cases in federal court on behalf of the complaining party. Federal courts may award remedies if discrimination is found to have occurred.
Employees can file a complaint by visiting the EEOC’s web site at
Harassment Prevention, including Sexual Harassment
Complaint Form for Reporting Harassment
New York State Labor Law requires that all employers offer employees a complaint form that they can use to report alleged incidents of sexual harassment to their employers. Employees are not obligated to use the form in order to report allegations of sexual or other harassment; however, we encourage it so there is appropriate documentation. You are allowed, by law, to report allegations verbally or in another manner that is comfortable for you.
Should you decide to complete this form, please answer as many questions as you can prior to hitting submit on the form below