Sexual Harassment Policy: Policy Against Discrimination, Harassment, And Retaliation

The conduct prohibited by this policy, whether verbal, physical, or visual, includes any discriminatory employment action and any unwelcome conduct that adversely affects an individual because of his/her protected status. Among the types of unwelcome conduct prohibited by this policy are epithets, slurs, negative stereotyping, intimidating acts, and circulation or posting of written or graphic materials that show hostility toward individuals because of their protected status. The Company prohibits such conduct in the workplace even if the conduct is not sufficiently severe or pervasive to constitute actionable harassment.

Harassment

Prohibited harassment may include, but is not limited to, the following specific conduct:

 

• Offensive verbal conduct such as epithets, derogatory jokes or comments, slurs, insulting sounds, unwanted sexual innuendos, advances, or propositions, and/or graphic, suggestive or obscene comments, letters, notes, or invitations;

   

• Offensive visual conduct such as derogatory and/or sexually suggestive images, posters, pictures, photography, cartoons, drawings, or gestures;

   

• Offensive or otherwise unwelcome physical conduct such as patting, grabbing, pinching, brushing against another’s body, assault, or any other unwanted physical contact or touching as well as blocking normal movement or otherwise interfering with another’s work based on any protected basis;

   

• Threats or unwelcome pressure to submit to sexual requests and offers of employment benefits in return for sexual favors; and

   

• Retaliation for having reported or threatened to report harassment.

The above-described conduct constitutes harassment when:

 

• Submission to the conduct is made either an explicit or implicit term or condition of employment;

   

• Submission to or rejection of the conduct is used as the basis for an adverse employment decision affecting an employee; or

   

• The conduct has the purpose or effect of unreasonably interfering with an employee’s work performance or creates an intimidating, hostile, or offensive work environment.

Harassing conduct based on gender often is sexual in nature. However, this policy forbids harassment based on gender even if the offensive conduct is not sexual in nature. In addition, sexual or gender harassment can be by a person of either the same or opposite sex. Finally, this policy also forbids harassment based upon a person’s perceived gender—meaning that gender that they elect to adopt.

Employee Responsibility, Including Reporting Complaints of Discrimination, Harassment, or Retaliation

Everyone at the Company can help assure that our workplace is free from prohibited discrimination, harassment, or retaliation by avoiding any behavior or conduct that could reasonably be interpreted as prohibited discrimination, harassment, or retaliation. No employee, not even the highest ranking employee in the Company, is exempt from the requirements of this policy. In addition, the Company will not tolerate its customers, clients, and/or outside vendors harassing any employee. Such conduct should be immediately reported to your supervisor or to the Company’s Human Resource Director.

If you find conduct in the workplace to be unwelcome or offensive, you are expected to immediately inform the person engaging in the conduct in a clear and unambiguous manner that the conduct is unwelcome or offensive and that you want the conduct to stop. However, if you are uncomfortable taking this action or if the conduct does not cease after you have warned the offending person(s) to stop, you should immediately complain to your supervisor or the Company’s Human Resource Director so the Company can take appropriate remedial measures to end the unwelcome or offensive conduct.

Whether you complain to your supervisor or the Human Resource Director is your choice. Report your complaint to whomever you feel more comfortable making the report. Any supervisor who is aware of conduct inconsistent with this policy or who receives a report of conduct inconsistent with this policy is required to report it immediately to the Company’s Human Resource Director for investigation, determination, and resolution.

In reporting what you believe to be violations of this policy, as soon thereafter as possible, you should provide a written complaint to the Company’s Human Resource Director. A Complaint Form is available from the Company for this purpose. Your complaint should include a description of the nature and frequency of the conduct, the name(s) of the offending person(s) involved, the name(s) of all witness(es) to the conduct, your response to the conduct, and/or your action(s) demonstrating to the offending person(s) that the conduct is unwelcome. Every reported complaint of violations of this policy will be investigated thoroughly, timely and—to the extent possible—confidentially.

While the investigation proceeds, the Company may put reasonable interim measures in place, including but not limited to, a leave of absence, change of shift, or transfer. The failure or refusal of any employee to cooperate in a Company investigation of alleged wrongful conduct may subject the employee to disciplinary action, up to and including termination of employment.

Once reports of alleged violations of this policy are thoroughly investigated, the Company will take appropriate action. The Company may conclude that a violation has occurred. The Company also might conclude, depending on the circumstances, either that no violation of policy occurred or that the Company cannot conclude whether or not a violation occurred.

If the Company determines that there has been a violation of this policy or other inappropriate conduct has occurred, effective remedial action will be taken appropriate to the totality of the circumstances, including disciplinary action up to and including termination. The Company may discipline an employee for any inappropriate conduct discovered while investigating reports or alleged violations of this policy, even if the conduct does not amount to a violation of the law or even a violation of this policy. If the person who engaged in the unwelcome or offensive conduct is not employed by the Company, the Company will take whatever corrective action is reasonable and appropriate under the circumstances. Following the conclusions of the Company’s investigation, a Company representative will advise the principal parties concerned of the results of the investigation in a separate “Resolution Conference.”

In addition to notifying the Company about harassment, discrimination or retaliation, employees also may file an administrative complaint with the United States Equal Employment Opportunity Commission (“EEOC”) and/or the California Department of Fair Employment and Housing (“DFEH”). These agencies will independently investigate and prosecute complaints of discrimination, harassment, or retaliation in employment. The deadline for filing an administrative complaint with the DFEH is one year from the date of the alleged unlawful conduct. If the DFEH believes that an administrative complaint is valid and efforts to resolve the complaint fail, the DFEH may seek an administrative hearing before the Fair Employment and Housing Commission (“FEHC”) or file a lawsuit in court. Both the FEHC and the courts have authority to award monetary and non-monetary relief to an employee in meritorious cases. The nearest office of the EEOC or DFEH is listed in the telephone book.

Retaliation

The Company does not condone and will not tolerate retaliation against any employee for cooperating in an investigation, for making a truthful complaint of a violation of this policy in good faith, for opposing perceived violations of this policy, or for filing an administrative claim with the EEOC or DFEH, even if the allegations are not substantiated by the Company’s investigation. Any employee who feels he/she has experienced or witnessed any conduct which he/she believes to be retaliatory in nature, should follow the reporting procedures described above.

Acceptance of this Policy

All Company employees have a personal responsibility to conduct themselves in compliance with this policy and to report any observations of conduct inconsistent with this policy. If you have any questions concerning this policy, please speak with the Company’s Human Resource Director.

I acknowledge that I have read, understood and agree to comply with the Company’s Policy Against Discrimination, Harassment, and Retaliation.

Date:____________

Name (print):__________________________

Signature:____________________

This policy was provided courtesy of Wendy A. Woldt, Esq., of the Los Angeles-based law firm of Woldt & Associates. Ms. Woldt is a member ofthe California Employer Advisor Editorial Review Board.

ABC Company Employee Complaint Form

To All Company Employees:

Please use this form to describe any issue of concern to you arising out of or in connection with a workplace condition, act, or event you request that management investigate or resolve. Management will use the information you provide to conduct its investigation into your concerns and attempt to resolve them. In the course of any investigation, management may disclose your concerns to other employees and persons who may have knowledge of the workplace conditions, acts, or events of concern to you or any other matter, as it deems appropriate, and obtain their recollection(s) regarding those matters.

No adverse action will be taken against you for making a good faith complaint regarding your concerns. Please state all the facts on which your complaint is based and sign your name where provided below.

Date of Act/Event/Conduct:

Time of Act/Event/Conduct:

Location of Act/Event/Conduct:

Name(s) of Offending Person(s):

Witness(es) to the Act/Event/Conduct:

Action(s) Taken to Advise the Offending Person(s) to Stop the Act/Event/Conduct:

Description of the Act/Event/Conduct (Continue on the reverse side of this form or on a separate sheet of paper, if necessary):

Dated: ___________________

Employee Signature:___________________________