Business Resources / Sexual Harassment Policy

Sexual Harassment Policy

            Our sexual harassment policy focuses on prevention, encourages individuals to report prohibited behavior, includes multiple access points to the grievance procedure, and ensures a commitment on the part of management to take prompt and effective disciplinary action against any individual who violates it.

            Our policy includes a statement prohibiting sexual harassment, a legal definition of sexual harassment, examples of prohibited conduct, a complaint and resolution procedure, and reassurances that retaliation against employees will not be tolerated.

            We are proud of our collegial work environmental in which all individuals are treated with respect and dignity. It is our policy to promote a productive work environment and ensure that all employees work in a professional atmosphere that promotes equal opportunities and prohibits discriminatory practices, including sexual harassment.

            We maintain a work environment free of sexual harassment. Sexual harassment of employees or applicants for employment by any employee, manager, supervisor, client, customer, independent contractor, vendor, visitor or other nonemployee who conducts business with the Company is strictly prohibited and not tolerated in any form within the workplace.

Legal Definition

            Unwelcome or unsolicited sexual advances, requests for sexual favors, and verbal, visual or physical conduct of a sexual nature constitute sexual harassment when any of the following conditions occurs:

            (a)        Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment;

            (b)        Submission to or rejection of that conduct by an individual is used as the basis for employment decisions affecting that individual;

            (c)        The conduct has the purpose or effect of unreasonably interfering with an individual's work performance; or

            (d)        The conduct has the purpose or effect of creating an intimidating, hostile or offensive work environment.

Prohibited Conduct

            Sexual harassment also includes the following conduct:

            (a)        Unwelcome sexual flirtations, advances or propositions;

            (b)        Sexually suggestive or offensive personal references about an individual;

            (c)        Subtle pressure or requests for dates or sexual activities;

            (d)        Unwanted physical conduct or contact, including touching, pinching, brushing the body, and impeding or blocking one's movement;

            (e)        Written, recorded or electronically transmitted messages of a sexual nature;

            (f)         Sexually explicit or offensive jokes and references;

            (g)        Display of sexually suggestive objects, pictures or photographs;

            (h)        Unwelcome verbal comments;

            (i)         Leering or whistling.

The foregoing list of prohibited behaviors is only illustrative and is not all-inclusive.

General Harassment Provision

            Harassment based on race, color, creed, religion, sex, age, national origin, citizenship, ancestry, mental or physical disability, marital status, sexual orientation, veteran status or other characteristics protected by applicable federal, state or local law is a form of discrimination that is prohibited under this policy.

            This type of harassment can occur in a verbal, physical, visual or electronic form. Any individual who believes a violation of this general harassment policy has occurred through the conduct of any employee, manager, supervisor, customer, client, customer, independent contractor, vendor, visitor or other nonemployee who conducts business with the Company should follow the grievance procedure described below.

Grievance Procedure

            The Company encourages the prompt reporting of any sexual harassment complaints so a quick response and appropriate action may be taken. This policy aids the complainant and helps to maintain an environment free from sexual harassment for all employees.

            Any individual who believes a violation of this policy has occurred through the conduct of any employee, manager, supervisor, customer, client, customer, independent contractor, vendor, visitor or other nonemployee who conducts business with the Company should immediately report the matter to Mr./Ms. ..................., Human Resources Manager, or Mr./Ms...................., Human Resources Supervisor. They can be reached at ................... [telephone number] or ................... [telephone number]. If an individual is uncomfortable with discussing violations of this policy with the individuals designated, the employee may bypass these individuals and report the matter directly to a Staffing Coordinator. The Company encourages reporting all incidents of sexual harassment, regardless of who the offender may be, or of the offender's relationship to the Company.

Investigation

            The Company will undertake an appropriate investigation when it is informed that sexual harassment may have occurred in the workplace, which includes any site on which a Company employee may be working.

            Complaints will be promptly and objectively investigated. Confidentiality will be maintained throughout the investigation to the extent practical and appropriate under the circumstances. Employees will be required to cooperate in any investigation.

            Investigations will be conducted in a timely manner. The findings and intended actions will be communicated to the complainant and alleged harasser.

Remedial Action

            The Company will attempt to take appropriate remedial action that is reasonably calculated to prevent future incidents of sexual harassment. All disciplinary measures will be administered in an objective, consistent, and constructive manner with the intention of motivating employees toward proper conduct in the future. The Company reserves the right to terminate or discipline any employee, at its sole discretion, as it considers necessary in individual circumstances.

            Any employee, supervisor or manager found to have engaged in behavior in violation of this policy will be subject to appropriate disciplinary action, up to and including termination of employment. That individual may also be subject to personal legal and financial liability.

            Although the Company's ability to discipline an individual who is not employed by it may be limited by the degree of control that it has over that person, any individual who has been subjected to sexual harassment by a non-employee should file a complaint. In these circumstances, appropriate action designed to protect individuals from future violations of this policy will be taken.

            Retaliation, in any form, against an employee or applicant for employment who exercises his or her right to make a complaint under this policy or who cooperates in the investigation of any such complaint is strictly prohibited. Any individual who is found to have engaged in harassment of or retaliation against an employee or applicant for employment for exercising his or her rights under this policy will be subject to appropriate disciplinary action, up to and including termination of employment.

            Any questions regarding this sexual harassment policy should be addressed to Mr./Ms...................., Human Resources Manager.

ACKNOWLEDGMENT

            I acknowledge receipt of ...................'s [name of company] Sexual Harassment Policy. I have read and understand the information outlined and agree to comply with such Sexual Harassment Policy.

Name (Please Print): ......................................

Signature: ................................................

Date Received: .........................