Sexual Harassment Policy American Arab Anti Discrimination Committee (ADC)

Transcription

1 Sexual Harassment Policy American Arab Anti Discrimination Committee (ADC) The American Arab Anti Discrimination Committee (ADC) is committed to a work environment in which all individuals are treated with respect and dignity. Each individual has the right to work in a professional atmosphere that promotes equal employment opportunities and prohibits discriminatory practices, including harassment. Therefore, ADC expects that all relationships among persons in the workplace will be business like and free of bias, prejudice and harassment. Objective The purpose of this policy is to define sexual harassment and provide procedures for the investigation of sexual harassment claims. ADC is adopting a zero tolerance policy, meaning there will be no toleration of sexual harassment at ADC, and every complaint will be acted upon. All workers, including supervisors and managers, will be subject to immediate discipline, up to and including termination, for any act of sexual harassment they commit. Scope This policy applies to all employees of ADC, at all locations. The policy extends to normal business hours, as well as after hours work related events and activities. No person, employee or third party, no matter his or her title or position, has the authority, expressed, actual, apparent or implied, to commit sexual harassment. Definitions of Harassment a. Sexual harassment constitutes discrimination and is illegal under federal, state and local laws. For the purposes of this policy, sexual harassment is defined, as in the Equal Employment Opportunity Commission Guidelines, as unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when, for example: (i) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; (ii) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or (iii) 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. b. Sexual harassment may include a range of subtle and not so subtle behaviors and may involve individuals of the same or different gender. Depending on the circumstances, these behaviors may include, but are not limited to: unwanted sexual advances or requests for sexual favors; sexual jokes and innuendo; verbal abuse of a sexual nature; commentary about an individual's body, sexual prowess or sexual deficiencies; leering, catcalls or touching; insulting or obscene comments or gestures; display or circulation in the workplace of sexually suggestive objects or pictures (including through e mail); and other physical, verbal or visual conduct of a sexual nature. Sex based harassment, that is, harassment not involving sexual activity or language, may also constitute discrimination if it is severe or pervasive and directed at employees because of their sex.

2 Harassment on the basis of any other protected characteristic is also strictly prohibited. Under this policy, harassment is verbal or physical conduct that denigrates or shows hostility or aversion toward an individual because of his/her race, color, religion, national origin, age, disability, alienage or citizenship status, marital status, creed, genetic predisposition or carrier status, sexual orientation or any other characteristic protected by law or that of his/her relatives, friends or associates, and that: (i) has the purpose or effect of creating an intimidating, hostile or offensive work environment; (ii) has the purpose or effect of unreasonably interfering with an individual's work performance; or (iii) otherwise adversely affects an individual's employment opportunities. Sexual or discriminatory displays or publications, anywhere in ADC s workplace by ADC employees are strictly prohibited. Such displays include: Displaying pictures, posters, calendars, graffiti, objects, promotional materials, reading materials or other materials that are sexually suggestive, sexually demeaning or pornographic, or bringing into the ADC work environment or possessing any such material to read, display or view at work. A picture will be presumed to be sexually suggestive if it depicts a person of either sex who is not fully clothed or in clothes that are not suited to or ordinarily accepted for the accomplishment of routine work in and around the workplace and/or who is posed for the obvious purpose of displaying or drawing attention to private portions of his or her body. Harassing conduct includes, but is not limited to, epithets, slurs or negative stereotyping; threatening, intimidating or hostile acts; denigrating jokes and display or circulation in the workplace of written or graphic material that denigrates or shows hostility or aversion toward an individual or group (including through e mail). Individuals and Conduct Covered These policies apply to all applicants and employees, and prohibit harassment, discrimination and retaliation whether engaged in by fellow employees, by a supervisor or manager or by someone not directly connected to ADC (e.g., an outside vendor, consultant or client). These policies apply to messages sent over ADC s e mail and voice mail systems. ADC encourages the reporting of all incidents of harassment, regardless of who the offender is. Conduct prohibited by these policies in the workplace and in any work related setting outside the workplace (such as during business trips, business meetings and business related social events) will be subject to disciplinary action up to and including termination Retaliation Is Prohibited ADC prohibits retaliation against any individual who reports discrimination or harassment or participates in an investigation of such reports. Retaliation against an individual for reporting harassment or discrimination or for participating in an investigation of a claim of harassment or discrimination is a serious violation of this policy and, like harassment or discrimination itself, will be subject to disciplinary action up to and including termination.

3 Retaliation includes: Reporting 1. Disciplining, changing work assignments of, providing inaccurate work information to, or refusing to cooperate or discuss work related matters with any employee because that employee has complained about or resisted harassment, discrimination or retaliation. 2. Intentionally pressuring, falsely denying, lying about or otherwise covering up or attempting to cover up conduct such as that described in any item above. ADC strongly urges the reporting of all incidents of discrimination, harassment or retaliation, regardless of the offender s identity or position. Individuals who believe they have experienced conduct that they believe is contrary to ADC s policy or who have concerns about such matters should report their complaints to their immediate supervisor before the conduct becomes severe or pervasive. However, individuals should not feel obligated to report their complaints to their immediate supervisor first and may instead bring the matter to the attention of the President, Vice President, Legal Director, or Office Manager. It may be helpful to make a written record of the date, time and nature of the incident(s) and the names of any witnesses. It is important to report concerns of sexual harassment or inappropriate sexual conduct regardless of the seriousness to human resources or a supervisor/manager as soon as possible. Management cannot assist in stopping the harassment from continuing if it is unaware of the problem. Supervisors Supervisors must deal expeditiously and fairly with allegations of sexual harassment within their departments whether or not there has been a written or formal complaint. Supervisors must: Take all complaints or concerns of alleged or possible harassment or discrimination seriously no matter how minor or who is involved. Ensure that harassment or inappropriate sexually oriented conduct is reported to human resources immediately so that a prompt investigation can occur. Take any appropriate action to prevent retaliation or prohibited conduct from reoccurring during and after any investigations or complaints. Supervisors who knowingly allow or tolerate sexual harassment or retaliation are in violation of this policy and subject to discipline. Human Resources The manager of human resources is responsible for: Ensuring that both the individual filing the complaint (hereafter referred to as the complainant) and the accused individual (hereafter referred to as the respondent) are aware of the seriousness of a sexual harassment complaint. Explaining employer s sexual harassment policy and investigation procedures to the complainant and the respondent.

4 Exploring informal means of resolving sexual harassment complaints. Notifying the police if criminal activities are alleged. Arranging for an investigation of the alleged harassment and the preparation of a written report. Investigation Procedures Incidents of sexual harassment or inappropriate sexually oriented conduct should be reported following the above complaint procedures. To initiate a formal investigation into an alleged violation of this policy, employees will often be asked to provide a written sexual harassment complaint with human resources. Complaints should be submitted as soon as possible after an incident of alleged sexual harassment. The manager of human resources may assist the complainant in completing a sexual harassment complaint form. To ensure the prompt and thorough investigation of a sexual harassment complaint, the complainant should provide as much of the following information as is possible: The name, department and position of the person or persons allegedly causing the harassment. A description of the incident(s), including the date(s), location(s) and the presence of any witnesses. The alleged effect of the incident(s) on the complainant's position, salary, benefits, promotional opportunities, or other terms or conditions of employment. The names of other employees who might have been subject to the same or similar harassment. The steps the complainant has taken to try to stop the harassment. Any other information the complainant believes to be relevant to the harassment complaint. Any reported allegations of harassment, discrimination or retaliation will be investigated. The investigation may include individual interviews with the parties involved and, where necessary, with individuals who may have observed the alleged conduct or may have other relevant knowledge. Confidentiality will be maintained throughout the investigatory process to the extent consistent with adequate investigation and appropriate corrective action. Discipline ADC will adopt a zero tolerance policy. If an investigation results in a finding that this policy has been violated, discipline is mandatory. Persons who violate this policy also may be subject to civil damages or criminal penalties. If an employee making a complaint does not agree with its resolution, the employee may appeal to the ADC President and as a last resort to the ADC National Board of Directors. Individuals who have questions or concerns about these policies should talk to the President, Vice President or the Legal Director of ADC.

5 Confidentiality All inquiries, complaints and investigations are treated confidentially. Information is revealed strictly on a need to know basis. Information contained in a formal complaint is kept as confidential as possible. However, the identity of the complainant usually is revealed to the respondent and witnesses. The manager of human resources takes adequate steps to ensure that the complainant is protected from retaliation during the period of the investigation. All information pertaining to a sexual harassment complaint or investigation is maintained by the manager of human resources in secure files. The manager of human resources can answer any questions relating to the procedures for handling information related to sexual harassment complaints and investigations to complainants and respondents. Administration This policy will be administered through the manager of human resources. These policies should not, and may not, be used as a basis for excluding or separating individuals of a particular race, sex, or any other protected characteristic, from participating in business or work related social activities or discussions in order to avoid allegations of harassment. The law and the policies of ADC prohibit disparate treatment on the basis of race, sex, gender, religion, sexual orientation or any other protected characteristic, with regard to terms, conditions, privileges and perquisites of employment. The prohibitions against harassment, discrimination and retaliation are intended to complement and further these policies, not to form the basis of an exception to them. EMPLOYEE GRIEVANCE PROCEDURE If an employee disagrees with his/her supervisor or the administration of ADC concerning a claimed breach of the ADC s personnel policies and procedures, that employee may complain to the President, or to the Board of Directors as a last resort. ADC will respond within a reasonable timeframe. Other Available Procedures The procedures available under this policy do not preempt or supersede any legal procedures or remedies otherwise available to a victim of sexual harassment under state or federal law.