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Executive Order #008

Prevention of Sexual Harassment in Erie County Government

WHEREAS, sexual harassment is a form of sex discrimination and is an “unlawful employment practice” under Title VII of the Civil Rights Act of 1964, as amended;

WHEREAS, it is also prohibited under the County of Erie Harassment Policy, which prohibits all forms of harassment which includes any unwelcome conduct, whether verbal, physical, or visual, that is based upon a person’s gender, race, color, national origin, ancestry, religion, creed, physical or mental disability, marital status, age, sexual orientation, genetic predisposition, or any other basis protected by federal, state, or local law; and

WHEREAS, sexual harassment can occur when (1) submission to such conduct is made either explicitly or implicitly 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 the individual; (3) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.  

NOW, THEREFORE, I MARK C. POLONCARZ, Erie County Executive, by virtue of the authority vested in me by the Erie County Charter Sections 301 & 302, do hereby order as follows:

1. It is ordered that the policy of the County of Erie is that sexual harassment is unacceptable and will not be tolerated; and it is,

2. Further ordered that any employee who believes he or she is a victim of sexual harassment should report the allegation(s) to an appropriate county official, or contact the Division of Equal Employment Opportunity who will provide assistance and guidance;  and it is,

3.  Further ordered that it is the responsibility of management to investigate allegations of sexual harassment in a confidential manner and take necessary action to ensure that these allegations are addressed swiftly, fairly, and effectively; and it is,

4.  Further ordered that managers and supervisors must be aware of what constitutes sexual harassment in order to explain sanctions for violations and must provide regular training sessions for all employees in the prevention of sexual harassment.

GIVEN, under my hand and the Privy Seal of the County of Erie in the City of Buffalo this ninth day of March, in the year two thousand twelve.

                                                                                                                                  County of Erie                        


                                                                                                                        By:     __________________________

                                                                                                                                    Mark C. Poloncarz

                                                                                                                                    Erie County Executive