Village of Red Hook Gender-Based Violence and the Workplace Policy

Village of Red Hook Gender-Based Violence and the Workplace Policy

Introduction

This policy is adapted from the New York State Model Policy on Gender-Based Violence and the Workplace issued by the Office for the Prevention of Domestic Violence (OPDV). The Village of Red Hook adopts this model to respond effectively to employees’ needs as victims of domestic and gender-based violence, promote workplace safety, and fulfill its obligations under New York State law. The Village will use this policy to guide its practices while tailoring it to municipal operations, collective bargaining agreements, civil service rules, and local needs.

I. Policy Statement

Domestic violence and other forms of gender-based violence permeate the lives of New Yorkers and impact the workplace, regardless of where incidents occur. These issues can compromise the safety of victims, co-workers, and the public while leading to lost productivity, increased costs, absenteeism, and turnover. The Village of Red Hook has both a moral and legal obligation to support employees experiencing victimization.

The Village recognizes that domestic and gender-based violence occurs across a wide spectrum of relationships. The Village will take every appropriate measure to prevent and address such violence as it impacts the workplace, while respecting victims’ rights to self-determination. Responses will be survivor-centered, trauma-informed, and culturally responsive. All valid orders of protection shall be enforced, and this policy applies to all victims of gender-based violence regardless of where incidents occurred.

To the fullest extent possible, and without violating existing rules, regulations, statutes, contractual obligations, or collective bargaining agreements, the Village designates and directs appropriate management, supervisory, and human resources staff to implement this Gender-Based Violence and the Workplace Policy covering:

1. Village responsibilities;

2. Definitions;

3. Persons covered by the Policy;

4. Non-discrimination and Responsive Personnel Policies for Employees who are victims of domestic and gender-based violence;

5. Non-Retaliation Policy;

6. Workplace Safety Plans;

7. Accountability for Employees who perpetrate domestic or gender-based violence;

8. Training;

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9. Data Collection and Reporting;

10.Violations of Policy.

II. Definitions

• Domestic Violence : A pattern of coercive behavior, including acts or threatened acts, that is used by a perpetrator to gain power and control over a victim, as defined in New York State Social Service Law §459-a, including, but not limited to physical, sexual, psychological, economic, and/or emotional abuse; or the threat of any/all of the aforementioned acts.

• Domestic Violence Agency Liaison (DVAL) : A designated Village employee(s) who has been trained by the Office for the Prevention of Domestic Violence (OPDV) to assist victimized employees; who ensure Village compliance with the Gender-Based Violence and the Workplace Policy; and who serves as the primary contact for OPDV.

• Gender-Based Violence : Violence or threats that happen because of someone’s sex, gender, sexual orientation, gender identity or expression, or other related characteristics. Gender-based violence is an umbrella term that includes domestic violence, sex-based discrimination, sexual harassment, sexual assault, and sexual violence, and can also include stalking or human trafficking.

• Order of Protection (OP) : An order issued by any court to limit the behavior of someone who harms or threatens to harm another person. Orders of protection may direct the offending party not to injure, threaten, or harass the victim, their family, or any other person(s) listed in the order and may include, but are not limited to ordering him/her/them to stay away from the home, school, business, or place of employment of the victim; vacate a shared residence; abide by any active orders of custody and visitation; and surrender any firearms.

• Perpetrator: A person who commits or threatens to commit coercive or violence acts, which may include, but is not limited to, physical, psychological, sexual, economic, and/or emotional abuse against a victim.

• Sexual Harassment: Consistent with the New York State Human Rights Law, unwelcome conduct which is either 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, even if the reporting individual is not the intended target of the sexual harassment;

  • Such conduct is made either explicitly or implicitly a term or condition of employment; or

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• Submission to or rejection of such conduct is used as the basis for employment decisions affecting an individual’s employment.

• Victim of domestic violence (New York State Social Services Law § 459-a) :

  • a. Any person over the age of sixteen, any married person, or any parent accompanied by his or her minor child or children in situations in which such person or such person’s child is a victim of an act which would constitute a violation of the penal law, including, but not limited to, acts constituting disorderly conduct, harassment, aggravated harassment, sexual misconduct, forcible touching, sexual abuse, stalking, criminal mischief, menacing, reckless endangerment, kidnapping, assault, attempted assault, attempted murder, criminal obstruction of breathing or blood circulation, or strangulation, identity theft, grand larceny, or coercion; and

    1. Such act or acts have resulted in actual physical or emotional injury or have created a substantial risk of physical or emotional harm to such person or such person’s child; and
  2. Such act or acts are or are alleged to have been committed by a family or household member.

  b. “Family or household members” mean the following individuals:

  1. persons related by consanguinity or affinity (blood or a person’s relation to blood relatives of their spouse); 
  
  2. persons legally married to one another; 
  
  3. persons formerly married to one another regardless of whether they still reside in the same household; 
  
  4. persons who have a child in common regardless of whether such persons are married or have married or have lived together at any time; 
  
  5. unrelated persons who are continually or at regular intervals living in the same household or who in the past continually or at regular intervals lived in the same household; 
  
  6. persons who are not related by consanguinity or affinity and who are or have been in an intimate relationship regardless of whether such persons have lived together at any time. Factors that may be considered in determining whether a relationship is an “intimate relationship” include, but are not limited to: the nature or type of relationship, regardless of whether the relationship is sexual in nature; the frequency of interaction between the persons; and the duration of the relationship. Neither a casual acquaintance nor ordinary 
  

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• fraternization between two individuals in business or social contexts shall be deemed to constitute an “intimate relationship”; or

  7. any other category of individuals deemed to be a victim of domestic violence as defined by the Office of Children and Family Services in regulation. 
  

  • c. “Parent” means a natural or adoptive parent or any individual lawfully charged with a minor child’s care or custody.

• Workplace: Any permanent or temporary location away from an employee’s domicile where an employee performs work-related duties for the Village.

III. Persons Covered by this Policy

This policy extends to all full-time, part-time, and temporary employees, volunteers, and interns of the Village of Red Hook. Whenever possible, it shall also extend to consultants, contractors, and other on-site providers.

IV. Statement of Confidentiality

The Village recognizes and respects employees’ right to privacy. All information about victimization shall be kept confidential to the extent permitted by law without the employee’s written informed consent, unless disclosure is necessary to prevent substantial risk of imminent danger. In such cases, the employee will receive notice, and information will be shared only with those necessary for safety, on a limited basis. Recipients may be required to sign confidentiality acknowledgments.

V. Village Responsibilities

• a. The Village shall:

  1. Designate at least one employee as the Domestic Violence Agency Liaison (DVAL), preferably with relevant experience (not an EAP Coordinator).

  2. Communicate current DVAL contact information to OPDV at workplace@opdv.ny.gov and update within two weeks of any changes.

  3. Increase employee awareness of domestic and gender-based violence, available resources, and potential disciplinary consequences for retaliation or perpetration.

  4. Distribute this policy to all new employees and annually to all employees.

  5. Provide detailed explanations of rights during new employee orientation.

  6. Post information (including hotline numbers: 1-800-942-6906 and text/chat 1-844-997-2121, DVAL contacts, EAP, etc.) in accessible locations such as employee areas, restrooms, and break rooms.

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7. Offer referrals to the DVAL, EAP, NYS Domestic and Sexual Violence Hotline, and local programs upon disclosure or suspicion.

   8. Consider awareness activities such as supply drives, discussions, or presentations.

• b. Domestic Violence Agency Liaisons (DVALs) shall:

  1. Ensure agency-wide implementation of, and compliance with, this Gender-Based Violence and the Workplace policy.

  2. Ensure victimized employees are aware of and understand this policy and their rights.

  3. Upon notification that an employee is a victim of domestic or genderbased violence, the DVAL must provide the employee with confidential support services, including referrals to:

     • i. EAP,

     • ii. ii. The NYS Domestic and Sexual Violence Hotline (or the statewide hotline for workplace sexual harassment, as may be appropriate), and

     • iii. iii. any local programs serving victims of domestic and sexual violence.

  4. Ensure that the victimized employee is informed of all possible options available to them, such as the use of alternative scheduling or a change in work location and assisting the employee in identifying the best use of attendance and leave benefits.

  5. Ensure that the victimized employee is aware of and receiving any necessary accommodations as outlined in section VII of this policy.

  6. Ensure that all employees receive a copy of this policy annually and regularly receive information about how to contact the DVALs and what supportive services are offered by the agency.

  7. Conduct basic workplace safety strategizing with victimized employees.

  8. Serve as the primary contact for OPDV, including reporting bi-annual data.

• c. Human Resources / Village Mayor / Designated Staff shall:

  1. The Mayor shall ensure that the Village establishes a workplace culture that is safe and supportive for anyone who has experienced domestic or gender-based violence by communicating that information and

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• resources are available to victims and that abusive behavior by any employee will not be tolerated.

2. Human Resources shall ensure that all employees who are required to attend training from OPDV pursuant to the policy complete the required training.

3. Human Resources shall ensure that employees shall receive a copy of this policy upon hire as well annually. This shall also include information about how to contact the DVALs and what supportive services are offered by the agency.

4. Human Resources shall ensure that any employee who discloses being a victim of domestic or gender-based violence is aware of and receiving any necessary accommodations and shall consult with Village leadership and Counsel, and OPDV Counsel as appropriate, to address complex cases.

5. Human Resources shall assist supervisors and the Village Mayor to ensure that all employees who violate this policy are held accountable.

d. Supervisors:

1. Supervisors shall ensure that any employee who discloses being a victim of domestic or gender-based violence is aware of this policy and understands this policy and their rights, including the right to request accommodations or time off as discussed below.

2. If any employee discloses being a victim of domestic or gender-based violence, or if the supervisor suspects that the employee may be a victim of domestic or gender-based violence, the Supervisor must refer the employee to:

   • i. The agency DVAL,

   • ii. EAP,

   • iii. The NYS Domestic and Sexual Violence Hotline (or the statewide hotline for workplace sexual harassment, as may be appropriate), and

   • iv. any local programs serving victims of domestic and sexual violence.

3. There is no mandatory reporting of domestic or gender-based violence, unless it may constitute sexual harassment as defined above.

VI. Non-discrimination and Responsive Personnel Policies

All policies shall be trauma-informed, survivor-centered, and culturally responsive. Victims of domestic violence are a protected class under the New York State Human Rights Law. The Village will not discriminate in hiring, termination, compensation, or

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terms of employment based on status as a victim of domestic violence. Reasonable accommodations and leave (including use of sick leave or leave without pay) shall be provided for safety-related needs as outlined in the Model Policy (Labor Law § 196b(4) and related provisions). Performance issues linked to victimization will be addressed supportively, with referrals and accommodations exhausted before discipline. Health insurance continuation and other benefits shall be maintained where required. The Village’s sexual harassment and discrimination policies complement this policy.

VII. Non-Retaliation Policy

The Village shall not retaliate against any employee who discloses victimization, seeks accommodations, or reports incidents. Retaliation by anyone will not be tolerated and may result in disciplinary action.

VIII. Workplace Safety Plans

The Village maintains workplace violence prevention procedures. Employees are encouraged to inform the DVAL of active Orders of Protection. The Village will enforce such orders and collaborate on personalized safety plans (e.g., security protocols, scheduling adjustments, escorts, parking changes, etc.). Copies of Orders of Protection will be kept confidential and separate from personnel files.

IX. Accountability for Employees who Perpetrate Acts of Domestic or Gender-Based Violence

The Village will hold accountable any employee who uses Village resources, time, authority, or facilities to commit or facilitate gender-based violence. Disciplinary actions may include administrative leave, reassignment, mandated programs, or termination, consistent with collective bargaining agreements, civil service rules, and law. Referrals to accountability programs will be made where appropriate. Reports of such conduct may be made to HR, the Village Mayor, or external authorities as needed.

X. Training

The Village will ensure DVALs, HR, supervisors, and (where feasible) all employees receive OPDV-provided training on Gender-Based Violence and the Workplace on an annual or as-required basis.

XI. Data Collection and Reporting

The DVAL and HR shall maintain and report aggregate data to OPDV bi-annually (no personally identifying information), including incidents, referrals, orders of protection reported, etc.

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XII. Violations of Policy

Any employee who believes this policy has been violated may report to the DVAL, Human Resources, the Village Mayor, or through applicable discrimination complaint procedures. All complaints will be investigated promptly and confidentially to the extent possible. Violations may result in disciplinary action up to and including termination.

This policy shall be reviewed periodically and updated as needed to remain consistent with State law and best practices. Employees with questions should contact the DVAL or Human Resources.

Adoption

Adopted by the Village Board of the Village of Red Hook on July 27, 2026.

Adopted by Village Board on July 27, 2026

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