Employer ABC is committed to
maintaining an environment free of sexual harassment.In order to establish an environment typified
by dignity and respect, sexual harassment of employees at Employer ABC is
unacceptable conduct and will not be tolerated.
The possibility of sexual harassment is
potentially destructive to all employees.When, through fear of reprisal, an employee submits, or is pressured to
submit, to unwanted sexual attention, the Employer's mission is undermined.
The Employer does recognize that sexual
harassment may occur between persons of the same status and between persons of
the same sex.The Employer will not
tolerate any behavior between or among employees creates an unacceptable
REGARDING SEXUAL HARASSMENT
Sexual harassment is a violation of
federal and state law and Employer ABC's discrimination policy.Title IX of the 1972 Education Amendments
prohibits discrimination on the basis of gender.Title VII of the Civil Rights Act of 1964
prohibits discrimination on the basis of race, color, religion, sex, and
national origin in all employment practices, including conditions of
employment.Federal Courts have ruled
that sexual harassment of employees constitutes unlawful sexual discrimination
and is therefore a violation of Title VII.
Under the Civil Rights Act, employers
and supervisors are required by law to investigate claims of sexual harassment
and to develop appropriate preventative measures and discipline for such
behavior.Supervisors are also
responsible for acting upon information that comes to their attention, and have
a responsibility to act on information they could reasonably have been expected
COVERED BY THIS POLICY
This policy applies to all employees.
Sexual harassment is defined as
unwelcome sexual advances, requests for sexual favors, or other verbal or
physical conduct of a sexual nature when:
·Submission to such conduct is made
explicitly or implicitly a term or condition of an individual's employment;
·Submission to/rejection of such conduct
is used as a basis for evaluating employment decisions; or
·Such conduct has the purpose or effect
of unreasonably interfering with an individual's work performance, or of
creating an intimidating, hostile, or offensive work environment.
EXAMPLES OF SEXUAL HARASSMENT
encompasses any unwanted sexual attention.Examples include, but are not limited to:
·Unwelcome touching, patting, hugging,
fondling, or grabbing;
·Solicitation of sexual activity by
promise of reward or threat of punishment;
·Direct or subtle pressure for sexual
·Verbal conduct that includes one or
more of the following:
·Sexual based comments;
·Sexually explicit statements, questions
·Remarks of a sexual nature about a
person's clothing or body;
·Comments about current or previous
sexual activity (includes speculations about activity).
·Nonverbal conduct directed at a person
that would discomfort and/or humiliate a person.
relationships are defined as sexual relationships between two people where one
employee is in a supervisory position over the other.A supervisor who engages in consensual
relationships may be liable for formal disciplinary action and will be held
accountable for unprofessional behavior.
staff can be affected by such behavior as it possibly places the staff member
in a position of favor at the expense of others and implicitly makes obtaining
benefits contingent on sexual favors.
A supervisor who
is not in a supervisory position over an employee must be aware of the
possibility that they may be placed in a supervisory position over the employee
with whom they have a consensual relationship.
encouraged to notify the alleged offender that his/her behavior is offensive
and unwelcome.Note: Failure to do so
will not preclude filing a complaint.
All stuff must
immediately report all alleged incidents of sexual harassment.Sexual harassment complaints may be filed
through the informal complaint procedure or the Formal Complaint Procedure.
INFORMAL COMPLAINT PROCEDURE
The intent of this
procedure is to resolve problems without the use of formal internal procedures
or external adjudicative procedures.This procedure should resolve misunderstandings and/or communication
problems, as well as encourage reporting.At this stage, emphasis will be placed on eliminating any behavior that
violates this policy.
has the option to bring a complaint in person or have any other employee act on
the complainant's behalf to any member of the Employer ABC Sexual Harassment
Committee.A complaint must be filed
within calendar days, or sooner, of the occurrence of
the harassing behavior.
effort will be made to privacy and to protect complainants from reprisals.If the complainant wishes to be identified to
the alleged offender and wants to try and resolve the problem informally, the
Sexual Harassment Committee will participate in discussions with the parties,
either jointly or individually.
FORMAL COMPLAINT PROCEDURE
A formal complaint
must be filed within calendar days, or sooner, of the occurrence of
the harassing behavior or within working days of the completion of the informal
process, whichever is later.All formal
complaints must be in writing and submitted to the Sexual Harassment Committee.
in any discussions relating to a formal complaint may accompany the
A formal written
complaint must specify the nature of the charge.Dates and times of specific
incidents, names of witnesses, and any evidence that support the allegation
should be included in the charge.The complaint must be signed by the complainant and dated.
A copy of the
complaint will be forwarded to the alleged offender and the Sexual Harassment
Officer will conduct an investigation.The Sexual Harassment Officer will provide the results to the appropriate
Vice President within working days of conducting the
investigation.The Vice President will
act within working days.If the complaint has merit, the Vice President will impose appropriate
disciplinary measures. If the complaint
cannot be resolved, the Sexual Harassment Committee and the appropriate Vice
President shall review the complaint.
SEXUAL HARASSMENT COMMITTEE
The committee will
advise the complainant of his/her options and at the complainant's request may:
·Help resolve the complaint through the
informal complaint procedure and/or;
·Help the complainant draft a formal
The committee can
outline the options available to deal with the alleged offender, for example:
·How to talk to the alleged offender in
order to stop the offensive behavior.
·How to write a letter to the offender
to stop the offensive behavior.
·Have a committee member speak to the
alleged offender to determine if a violation of this Policy has occurred.The complainant, the accused and other
witnesses will be interviewed.
measures for employees who violate this policy shall include counseling, oral
reprimand, written reprimand, reassignment, suspension (with or without pay),
termination, or referral to the criminal justice system.
If either party
has information that was not known during the investigation, they can present
an appeal of the decision of the Vice President directly to the CEO.The CEO's decision is final and binding.
PROTECTION OF COMPLAINANT AND OTHERS
will be investigated.All parties will
be kept informed of the steps taken during the investigation.
action will be taken to ensure that the complainant and those testifying on
behalf of, or supporting the complainant in other ways will not suffer
retaliation.Steps to avoid retaliation
·Lateral move of one or more of the
·Ensure those performance evaluations of
the complainant be made by an individual other than the accused.
Vice President may take immediate action against an employee when it is
reasonably certain that sexual harassment has occurred and that serious and
immediate harm could ensue if the person continues to interact with the complainant.This will be done in consultation with the
CEO and the Sexual Harassment Committee.
FRIVOLOUS OR FALSE CHARGES
This policy shall
not be used to bring frivolous or malicious charges against fellow
employees.The appropriate Vice
President with take immediate disciplinary action shall be taken against any
person intentionally bringing a false charge of sexual harassment.
It is a violation
of this policy for any employee to take reprisals against any complainant,
witness or complainant supporter.Threats, intimidation, and/or retaliation against the complainant or any
other involved party may be cause for disciplinary action.
investigation, both parties will be informed in writing of the decision within
To the extent
possible, the investigation will protect the confidentiality of the
complainant, the alleged offender and all witnesses.All involved parties will be instructed to
maintain strict confidentiality, for the entire process to safeguard the
privacy and reputation of all involved.