Applicability. This policy applies to
all people employed by the Employer, as well as volunteers working
on behalf of the Employer, and prohibits such conduct by or towards
all such employees/volunteers. Independent contractors, vendors and
all other parties, engaged in a professional business relationship
with the Employer are also expected to abide by the policy. In addition,
no employee shall be required to withstand behavior from the public
which violates this policy.
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Purpose. This policy is designed to ensure
all employees a work environment free of any type of discrimination
based upon a protected status, including freedom from sexual harassment.
The purpose of this policy is to inform employees that harassment
based upon a protected status is prohibited, to educate employees
about harassment based upon a protected status and to provide employees
with a procedure to bring complaints to management's attention.
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Provisions. All employees are expected
to avoid any behavior or conduct of a harassing or discriminatory
nature. The Employer prohibits any form of harassment or discrimination
related to an employee's protected group status, including race, creed,
color, national origin, ancestry, religion, age, marital status, civil
union status, domestic partnership status, affectional or sexual orientation,
familial status, genetic information, sex, gender identity or expression,
disability (including perceived disability, physical, mental, and/or
intellectual disabilities), atypical hereditary cellular or blood
trait, or because of the liability for service in the Armed Forces
of the United States, veteran status, citizenship status, or any other
group status protected by law. Harassment includes, but is not limited
to:
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A.
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Treating an individual less favorably based on a person's protected
group status;
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B.
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Using derogatory or demeaning slurs to refer to a person's protected
group status;
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C.
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Calling another by an unwanted nickname which refers to one
or more protected group statuses, or telling ethnic jokes that harass
an employee or create a hostile work environment;
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D.
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Using derogatory references regarding a protected group status
in any job-related communication;
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E.
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Engaging in threatening, intimidating, or hostile acts, in the
workplace, based on a protected group status; or
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F.
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Displaying or distributing material in the workplace that contains
language or derogatory or demeaning images, based on any protected
group status.
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Any form of harassment or discrimination related to an employee's
protected group status violates this policy.
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This policy applies to all employment practices such as recruitment,
selection, hiring, training, promotion, transfer, assignment, layoff,
return from layoff, termination, compensation, fringe benefits, working
conditions and career development.
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Violations of this policy will result in appropriate disciplinary
action up to and including termination of employment.
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Sexual Harassment. The Employer prohibits
sexual harassment of its employees in any form. Such conduct shall
result in appropriate disciplinary action up to and including dismissal
from employment.
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A.
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Sexual harassment consists of unwelcome sexual advances, requests
for sexual favors, sexually motivated physical conduct or other verbal
or physical conduct, gestures or communications, expressed or implied,
of a sexual nature when:
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(1)
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Submission to that conduct or communication is made a term or
condition, either explicitly or implicitly, of obtaining or retaining
employment; or
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(2)
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Submission to or rejection of that conduct or communication
by an individual is used as a factor in decisions affecting that individual's
employment; or
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(3)
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That conduct or communication has the purpose or effect of substantially
or unreasonably interfering with an individual's employment, or creating
an intimidating hostile or offensive employment environment.
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B.
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Prohibited Conduct: No supervisory employee shall threaten or
insinuate either directly or indirectly, that an employee's refusal
to submit to sexual advances will adversely affect the employee's
continued employment, evaluation, compensation, assignment, advancement,
or any other condition of employment. Similarly, no supervisory employee
shall promise or suggest either directly or indirectly, that an employee's
submission to sexual advances will result in any improvement in any
term or condition of employment for the employee.
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Other sexually harassing conduct in the workplace, whether committed
by supervisory or non-supervisory personnel is also prohibited. This
includes, but shall not be limited to:
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(1)
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Sexual flirtations, advances, propositions, subtle pressure
for sexual activity, flirtatious whistling, discussing sexual activities;
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(2)
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Verbal abuse of a sexual nature including sexually oriented
"kidding" or "teasing," "practical jokes," jokes about gender-specific
traits, and foul or obscene language or gestures;
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(3)
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The display of sexually graphic pictures or pictures of an offensive
nature, or objects in the workplace, including sexually suggestive
written material such as letters, notes, facsimiles, text messages
and e-mails;
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(4)
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Any unwelcome sexually motivated touching, including, for example,
patting, pinching, hugging, cornering, blocking or impeding movement
and repeated brushing against another employee's body.
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Sexual harassment also occurs when one person harasses another
solely because of the victim's gender. This type of sexual harassment
may involve unwelcome sexual demands or overtures, but it may also
take the form of other harassing conduct not necessarily sexual in
nature. For example, this would include gender stereotyping such as
comments about the lesser abilities, capacities, or the "proper role"
of females. It also includes subjecting a woman or a man to non-sexual
harassment solely because of her or his gender. Sexual harassment
is prohibited whether the harasser is male or female, and whether
the harassment is opposite sex or same-sex harassment.
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Complaint Procedure. Any employee who
feels he or she has been subject to harassment should report the incident
directly to the designated Affirmative Action Officer. The designated
Affirmative Action Officer will ask the employee to complete a Harassment
Complaint Form. Employees, however, are not required to complete the
complaint form to initiate a harassment complaint under this policy.
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Alternatively, any employee who feels he or she has been subject
to harassment should report the incident directly to the Chief Administrative
Officer. The Chief Administrative Officer will ask the employee to
complete a Harassment Complaint Form. Employees, however, are not
required to complete the complaint form to initiate a harassment complaint
under this policy. The names and telephone numbers of the designated
Affirmative Action Officer and Chief Administrative Officer are contained
in the Contact Information attached to this policy.
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Any individual uncomfortable reporting an incident to the designated
Affirmative Action Officer and/or Chief Administrative Officer should
feel free to go to any management representative with whom he or she
feels most comfortable to relay the problem. When any management representative
learns of a violation of this policy, the management representative
shall assist the victim in reporting the alleged incident(s) of harassment.
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All Employer employees should notify the alleged harasser that
the behavior in question is thought to be offensive and unwelcome.
However, failure to inform the alleged harasser that the behavior
is unwelcome does not prevent the victim from filing a complaint pursuant
to this policy. The harassment or discrimination does not have to
occur on the Employer's property during regular work hours for an
employee to file a complaint under this policy.
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The Employer strongly encourages employees who witness conduct
which they believe violates the Employer's Policy Against Harassment
to report the violation pursuant to this complaint procedure. The
Employer encourages the prompt reporting of complaints so that rapid
response and appropriate action may be taken. Any complaint should
be reported within sixty (60) days to be considered current. Nevertheless,
due to the sensitive nature of these problems, all complaints will
be investigated, regardless of when they are filed.
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Investigation Procedure. The Employer
shall conduct an investigation into the harassment complaint to determine
the merits of the allegations. The designated Affirmative Action Officer
and/or Chief Administrative Officer shall designate an objective investigator
to determine the validity of any complaint. The objective investigator
may include any third party deemed appropriate.
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The investigation shall be completed in a reasonable time to
resolve the issue and minimize the effects of such investigation on
the parties involved. The investigation will, at a minimum, include
an interview with the employee bringing the complaint and the accused.
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If the Employer determines that the complaint has merit, the
accused shall face appropriate disciplinary action based upon the
severity of the complaint and any prior history of past charges against
the individual. Disciplinary action may include a written warning,
suspension, demotion, and/or termination of employment. Any disciplinary
action shall be consistent with applicable collective bargaining agreements,
regulations and applicable due process safeguards. Upon completion
of the investigation, the entire file shall be maintained in a secure
location with the Employer.
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In the event that the Employer determines the complaint to be
intentionally dishonest, appropriate disciplinary action may be taken
against the employee who caused the complaint to be filed.
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Privacy. To the extent possible, all
persons involved in a harassment complaint will be given the utmost
protection of privacy. Specifically, the Employer will strive, both
during and after the investigation, to maintain confidentiality to
the fullest extent possible, including confidentiality of the identities
of all persons involved or alleged to be involved in the incident,
revealing only those particulars of the matter to the extent necessary
for a thorough investigation. Any employee who unnecessarily compromises
the confidentiality of an investigation will be subject to appropriate
discipline.
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Responsibility of Supervisory Personnel. Supervisors are to monitor the work environment to ensure that all
subordinates comply with this Policy Against Harassment. When a supervisor
learns of a violation of this policy, the supervisor shall assist
the victim in reporting the alleged incident(s) of harassment.
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Alternatively, the supervisor shall report the matter to the
designated Affirmative Action Officer and/or Chief Administrative
Officer for resolution.
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Retaliation Prohibited. The Employer
encourages victims of harassment to bring their complaints to management
by ensuring that no reprisals or retaliation will result from the
good faith reporting of harassment. The filing of a complaint, in
good faith, shall not, under any circumstances provide cause for discipline.
Additionally, it is a violation of this policy for any personnel to
retaliate against another because he or she filed a complaint or otherwise
participated in the complaint procedure.
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Any supervisor who receives a harassment complaint from any
employee must bring it to the attention of the designated Affirmative
Action Officer and/or Chief Administrative Officer for resolution.
Supervisors shall closely monitor the work environment for any forms
of retaliation once an allegation has been made. This will include
but not be limited to verbal remarks, irregular assignments or any
other activity that may contribute to a hostile work environment.
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Legal Effect. This Policy Against Harassment
is to be construed as a unilateral expression of the policy of the
Employer concerning harassment in the workplace. It is not intended
to create any contractual rights or duties and any such intention
or effect is hereby disclaimed. This policy may be amended, supplemented,
modified and/or revised at any time. Any employee with questions regarding
the Employer's Policy Against Harassment should contact the designated
Affirmative Action Officer and/or Chief Administrative Officer.
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Training. The Employer recognizes the
need to reinforce its policies with effective training. Training is
to be provided to all supervisory and non-supervisory employees. Ultimately,
the goal of effective training is to build a culture in which all
employees feel safe. Training may be conducted in person or through
electronic means. To the extent economically and operationally feasible,
training should be conducted live whenever possible. Training should
empower participants to intervene appropriately when they witness
harassment or discrimination. This means not only training participants
on the requirements of the policy prohibiting harassment and discrimination,
but also training participants on tools for response and lodging complaints.
Training should emphasize the negative impact of harassment and discrimination
on employees, workplace productivity, workplace culture, and encouraging
those employees who either experience harassment/discrimination or
witness it to report it.
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Monitor for Compliance. The Employer
acknowledges the importance of ensuring that employers' policies and
procedures are actually working as intended to prevent sexual harassment
and other forms of discrimination from occurring in the workplace.
It is the expectation of the Employer that all supervisors shall enforce
anti-harassment policies and that setting the proper example is part
of their job description and part of the evaluation of their job performance.
The Employer will engage in proactive efforts to monitor and ensure
compliance with its policies within their workplaces.
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