All employers within the jurisdiction of the Band, including
the Band's government and enterprises and instrumentalities wholly
owned by the Band, shall act to ensure a workplace free of unlawful
discrimination prohibited by this chapter, including sexual harassment,
by implementing the following minimum requirements:
A. Workplace posting. Employer shall post in a prominent and accessible
location in the workplace one or more posters providing, at a minimum,
the following information: the illegality of discrimination prohibited
by this chapter, including specific notice of the illegality of sexual
harassment; a description of the types of unlawful discriminatory
conduct, including a specific description of sexual harassment, utilizing
examples; the complaint process available through the internal grievance
procedures, including a statement informing employees of the requirement
for exhaustion of any internal grievance procedures before filing
suit; and directions on how to contact the Tribal Court Administrator
to file suit. The text of these posters may meet, but may not exceed,
eighth-grade literacy standards.
B. Employee notification. Employers are encouraged to provide all employees with individual written notice that includes, at a minimum, the following information: the illegality of discriminatory practices prohibited by this chapter, including sexual harassment; the definition of, and descriptions of, the unlawful discriminatory practices prohibited by this chapter, including sexual harassment, utilizing examples; the employer's internal complaint process available to the employee, including a statement informing employees of the requirement for exhaustion of any internal grievance procedures before filing suit; the legal recourse and complaint process; directions on how to contact the Tribal Court Administrator; and the protection against retaliation as provided pursuant to §
5.2-9. The notice should be delivered in a manner to ensure notice to all employees without exception, such as including the notice with an employee's pay.
C. Education and training. Employers are also encouraged to conduct an education and training program for all new employees within one (1) year of commencement of employment that includes, at a minimum, the following information: the illegality of discriminatory practices, including sexual harassment; the definition of, and description of, prohibited discriminatory practices, including sexual harassment, utilizing examples; the employer's internal complaint process available to the employee, including a statement informing employees of the requirement for exhaustion of any internal grievance procedures before filing suit; the legal recourse and complaint process available through the Tribal Court; directions on how to contact the Tribal Court Administrator; and the protection against retaliation as provided under §
5.2-9. Employers shall conduct additional training for supervisory and managerial employees within one (1) year of commencement of employment that includes, at a minimum, the specific responsibilities of supervisory and managerial employees and methods that these employees must take to ensure immediate and appropriate corrective action in addressing unlawful discrimination, including sexual harassment complaints.