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26A-Harassment and Sexual Harassment <br />Policy & Procedure Page 2 of 6 <br />free from all forms of harassment. This policy applies to all employees and <br />officers of the Town. Supervisory and managerial employees must not condone <br />acts of harassment by their subordinate employees, by other Town employees, <br />by regular visitors to Town offices, or by employees of our vendors and <br />contractors. Harassment of employees occurring in the workplace, or in other <br />settings in which employees may find themselves in connection with their <br />employment, is unlawful and will not be tolerated. Retaliation against persons <br />complaining about harassment or sexual harassment, or retaliation against <br />individuals for cooperating with an investigation of a harassment complaint, is <br />also unlawful and prohibited by this policy. Harassment in retaliation for formal <br />or informal participation in filing an internal or external complaint of discrimination <br />or otherwise raising a concern regarding discrimination will also not be tolerated. <br />DEFINITIONS <br />A. Harassment in General. Harassment is unwelcome verbal or physical conduct, <br />directed at an individual because of that individual’s race, color, religious creed, <br />national origin, sex, sexual orientation, age, genetic information, ancestry, marital <br />status, veteran status or membership in the armed service, or based on the <br />handicap of any person alleging to be a qualified handicapped person, or because <br />of past participation in discrimination complaint-related activities, where such <br />conduct disrupts or interferes with another’s work performance, or which creates <br />an intimidating, offensive, or hostile environment. The term “sexual orientation” <br />shall mean having an orientation for or being identified as having an orientation for <br />or being identified as having an orientation of heterosexuality, bisexuality or <br />homosexuality. <br />B. Examples of Harassment. Harassment includes the use of insulting epithets, <br />slurs, derogatory comments, or nicknames; the display of insulting or offensive <br />objects, cartoons, pictures, slogans, demeaning gestures or symbols; intimidation <br />through physical violence or threats of violence; and preferential treatment of <br />certain employees based on membership in a particular class. <br />C. Sexual Harassment. In Massachusetts, the legal definition for sexual harassment <br />is as follows: <br />1. “Sexual harassment means sexual advances, requests for sexual favors, and <br />verbal, or physical conduct of a sexual nature when: <br />a. Submission to or rejection of such advances, requests or conduct is made <br />either explicitly or implicitly a term or condition of employment or as a basis <br />for employment decisions; or <br />b. Such advances, requests or conduct have the purpose or effect of <br />unreasonably interfering with the individual’s work performance by creating <br />an intimidating, hostile, humiliating or sexually offensive work environment. <br />c. Under these definitions, direct or implied requests by a supervisor for sexual <br />favors in exchange for actual or promised job benefits such as favorable <br />reviews, salary increases, promotions, increased benefits, or continued <br />employment constitutes sexual harassment.