The Town of Brattleboro has a strict policy against all types of workplace harassment, including sexual harassment and other forms of workplace harassment based upon an individual's membership in a protected class. All forms of harassment of, or by, the Town of Brattleboro individuals engaged to perform work or services, vendors, visitors, customers, and clients are strictly prohibited and will not be tolerated.

Important revisions from the State of Vermont July 1, 2023

• It is explicitly unlawful for an employer to “harass or discriminate” against an employee based upon a protected characteristic.
• Prohibiting agreements which settle claims of discrimination from including clauses which prohibit the complaining employee from working for the employer or an affiliate.
• Harassment or discrimination no longer must be “severe or pervasive” to be unlawful.
• Harassment is now defined as unwelcome conduct based on an employee’s protected characteristic that “interferes with the employee’s work or creates a work environment that is intimidating, hostile or offensive”.
• Conduct may now be unlawful unless a “reasonable employee with the same protected characteristic would consider [the conduct] to be a petty slight or trivial inconvenience”.
• Whether the conduct constitutes unlawful harassment is determined based on the totality of the circumstances. Both an objective analysis of allegedly harassing conduct, as well as the subjective effect the conduct has on a particular employee, are likely relevant.
• A single incident may now constitute unlawful harassment.
• Multiple incidents will be viewed in the aggregate, not in isolation.
• Conduct may constitute harassment regardless of whether: 
  • the complaining employee is the individual being harassed
  • the complaining employee acquiesced or otherwise submitted to or participated in the conduct
  • the conduct is also experienced by others outside the protected class involved in the conduct
  • the complaining employee was able to continue carrying out their duties o the conduct resulted in a physical or psychological injury
  • the conduct occurred outside the workplace

Sexual harassment is defined as unwelcome sexual advances; requests for sexual favors; and other verbal, physical, written, auditory, or visual conduct of a sexual nature when: (1) submission to such conduct is made either explicitly or implicitly as a term or condition of an individual's employment; (2) submission to, or rejection of, such conduct by an individual is used as the basis for employment decisions affecting such individual; or (3) such conduct has the purpose or effect of interfering with an individual's work or creating an intimidating, hostile, or offensive work environment.

While it is not possible to identify every act that constitutes or may constitute sexual harassment, the following are some examples of sexual harassment:

• Unwelcome requests for sexual favors.
• Lewd or derogatory comments or jokes.
• Comments regarding sexual behavior or another person's body.
• Sexual innuendo and other vocal activity such as catcalls or whistles.
• Obscene letters, notes, emails, invitations, photographs, cartoons, articles, or other written
• or pictorial materials of a sexual nature.
• Repeated requests for dates after being informed that interest is unwelcome.
• Retaliating against another for refusing a sexual advance or reporting an incident of possible sexual harassment to the Town of Brattleboro or any government agency.
• Offering or providing favors or employment benefits such as promotions, favorable evaluations, favorable assigned duties, or shifts, etc., in exchange for sexual favors; and
• Any unwanted physical touching or assaults or blocking or impeding movements.

Other workplace harassment is unwelcome conduct that creates an intimidating, hostile, or offensive work environment and is based on an individual's membership in a protected class.

Again, while it is not possible to list all the circumstances that may constitute other forms of workplace harassment, the following are some examples of conduct that may constitute workplace harassment:

• The use of disparaging or abusive words or phrases, slurs, negative stereotyping, or threatening, intimidating, or hostile acts that relate to the above protected categories.
• Written or graphic material that insults, stereotypes, or shows aversion or hostility towards an individual or group because of one of the above protected categories and that is placed on walls, bulletin boards, or elsewhere on our premises, in emails or voicemails, or otherwise circulated in the workplace; and
• A display of symbols, slogans, or items that are associated with hate or intolerance towards any select group.

If you feel that you have witnessed or have been subjected to any form of discrimination or harassment, immediately notify the Human Resources Director or any member of management.

The Town of Brattleboro prohibits retaliation against employees who, based on a reasonable belief, provide information about, complain, or assist in the investigation of any complaint of harassment or discrimination.

We will promptly and thoroughly investigate any claim and take appropriate action where we find a claim has merit. To the extent possible, we will retain the confidentiality of those who report suspected or alleged violations of the harassment policy.

Discipline for violation of this policy may include, but is not limited to, reprimand, suspension, demotion, transfer, and discharge. If the Town of Brattleboro determines that harassment or discrimination occurred, corrective action will be taken to effectively end the harassment. As necessary, the Town of Brattleboro may monitor any incident of harassment or discrimination to assure the inappropriate behavior has stopped. In all cases, the Town of Brattleboro will follow up as necessary to ensure that no individual is retaliated against for making a complaint or cooperating with an investigation.

The Town of Brattleboro encourages you to report incidents of discrimination and harassment internally. However, if you believe you have been subjected to discrimination or harassment in violation of this policy, you may file a private civil action or file a complaint with either the Vermont Attorney General's Office or the federal Equal Employment Opportunity Commission (EEOC). You are not required to file a complaint with the Town of Brattleboro before taking such action.

Contact Information 

Vermont Attorney General's Office Civil Rights Unit
Address: 109 State Street, Montpelier, VT 05609-1001
Toll Free VT: 888-745-9195
Voice/TDD: 802-828-3657
Email: ago.civilrights@vermont.gov

Complaints should be filed within 360 days of the adverse action.

Equal Employment Opportunity Commission (EEOC)
Address: John F. Kennedy Federal Building, 475 Government Center, Boston, MA 02203
Phone: 800-669-4000
Fax: 617-565-3196
TTY/TDD: 800-669-6820
ASL Video Phone: 844-234-5122
Website: https://www.eeoc.gov/employees/charge.cfm

Complaints must be filed within 300 days of the adverse action.