1. Policy Statement
Employer provides equal employment opportunities to all individuals, regardless of their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex (including pregnancy, breast feeding and related medical conditions), gender, gender identity, gender expression, age for individuals over forty years of age, military and veteran status, or sexual orientation, as well as any other characteristic protected by applicable federal, state and/or local laws. This is reflected in the company’s practices and policies regarding hiring, assignment, training, promotions, transfers, rates of pay, and other forms of compensation, as well as any other terms, conditions, and privileges of employment.
Employer is firmly committed to the fact that every Associate has the right to be treated with courtesy, dignity and respect, and work in an environment free of discrimination. In keeping with this commitment, Employer maintains a strict policy prohibiting harassment, in any form, including sexual, verbal, physical and visual harassment, coercion, discrimination and/or reprisal. Employer will not tolerate verbal or physical conduct by any employee which harasses, disrupts, or interferes with another’s work performance or which creates an intimidating, offensive or hostile work environment. This policy applies to all associates, management, vendors, and clients. Every person is expected to adhere to a standard of conduct that is respectful to all persons within the work environment. Any person who violates this policy is subject to corrective action, up to an including termination of employment.
Employer and its affiliates strictly prohibit unlawful harassment. This includes harassment on the basis of pregnancy, childbirth or related medical condition, age, marital status, sex, sexual orientation, race, color, ancestry, national origin, citizenship, religion, creed, physical disability, mental disability, medical condition, or any other protected class under applicable law.
Employer’s policy prohibits retaliation against any employee who brings a complaint in the genuine, good faith belief that he or she has been subjected to unlawful harassment or discriminatory treatment, even if the complaint is ultimately not proven by sufficient supporting evidence.
This policy prohibits unlawful harassment, discrimination, and retaliation in the workplace and applies to all applicants and employees of Employer, including supervisors and managers. Employer prohibits managers, supervisors, and employees from discriminating against or harassing co-workers, applicants, and others, including customers, vendors, suppliers, independent contractors, and others doing business with Employer. In addition, Employer prohibits customers, vendors, suppliers, independent contractors, and others doing business with Employer from discriminating against, harassing, or retaliating against Employer’s employees and/or applicants.
3. Harassment Defined
A. Harassment may consist of offensive verbal, physical, or visual conduct when such conduct. is based on or related to an individual's sex and/or membership in one of the above-described protected classifications, and:
(1) Submission to the offensive conduct is an explicit or implicit term or condition of employment.
(2) Submission to or rejection of the offensive conduct forms the basis for an employment decision affecting the employee; or
(3) The offensive conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creates and intimidating, hostile, or offensive working environment.
B. While all forms of harassment are prohibited, is its Employer’s policy to emphasize that sexual harassment is unlawful an is specifically prohibited. Each supervisor has a responsibility to maintain the workplace free of any form of sexual harassment. No supervisor shall threaten or insinuate, either implicitly or implicitly, that an associate’s refusal to submit to sexual advances will diversely affect the associate’s employment, evaluation, wages, advancement, assigned duties, shifts, or any other condition of employment.
C. Examples of what may constitute prohibited harassment include, but are not limited to, the following:
(1) Verbal or physical abuse/threats, intimidating, swearing, or coercing behavior directed toward (or in the presence of) a client, visitor, associate, or employee.
(2) Kidding or joking about sex or membership in one of the protected classifications.
(3) Hugs, pats, and similar physical contact.
(4) Assault, impeding or blocking movement, or any physical interference with normal work or movement.
(5) Cartoons, posters, and other materials referring to sex or membership in one of the protected classifications.
(6) Threats/bribes intended to induce sexual favors.
(7) Continued suggestions or invitations to social events outside the workplace after being told such suggestions are unwelcome.
(8) Degrading words or offensive terms of a sexual nature based on the individual's membership in one of the protected classifications.
(9) Prolonged staring or leering at a person.
(10) Sexual flirtations, touching, advances, or propositions;
(11)Verbal abuse of a sexual nature, including inappropriate jokes;
(12) Graphic or suggestive comments about an individual’s dress or body;
(13)Sexually degrading words to describe and individual;
(14) The display in the workplace of sexually suggestive objects or pictures, including nude Photographs; and
(15) Similar conduct directed at an individual on the basis of race, color, ancestry, religious creed, handicap or disability, medical condition, age, marital status, sexual orientation, or any other protected classification under applicable law.
4. Retaliation Prohibited
Employer prohibits retaliation against those who report, oppose, or participate in an investigation of alleged violations of this policy. Participating in an investigation of alleged wrongdoing in the workplace includes:
1. Filing a complaint with a federal or state enforcement or administrative agency.
2. Participating in or cooperating with a federal or state enforcement agency that is conducting an investigation of the company regarding alleged unlawful activity.
3. Testifying as a party, witness or accused regarding alleged unlawful activity.
4. Associating with another employee who is engaged in any of these activities.
5. Making or filing an internal complaint with the company regarding alleged unlawful activity.
6. Providing informal notice to the company regarding alleged unlawful activity.
Employer strictly prohibits any adverse action or retaliation against an employee for participating in an investigation of alleged violation of this policy. If an employee feels that he or she is being retaliated against, the employee should immediately report this conduct to Employer’s Human Resources employee. In addition, if an employee observes retaliation by another employee, supervisor, manager, or nonemployee, he or she should immediately report the incident to the individuals above.
Any employee determined to be responsible for violating this policy will be subject to appropriate disciplinary action, up to and including termination. Moreover, any employee, supervisor, or manager who condones or ignores potential violations of this policy will be subject to appropriate disciplinary action, up to and including termination.
5. Internal Reporting Procedure
If you believe that you have been subjected to or witnessed any unlawful harassment, discrimination, or retaliation, you should immediately report such conduct to your supervisor. If you do not feel comfortable reporting harassment or discrimination to your supervisor, you should report the harassment and/or discrimination to Employer’s Human Resources Employee. In addition, if an employee observes harassment or discrimination by another employee, supervisor, manager, or nonemployee, the employee should immediately report the incident to the Human Resources Department.
Employees’ notification to Employer is essential to enforcing this policy. Employees may be assured that they will not be penalized in any way for reporting a harassment or discrimination problem. It is unlawful for employers to retaliate against employees who oppose practices prohibited by the California Fair Employment and Housing Act (“FEHA”), or who file complaints or otherwise participate in an investigation, proceeding, or hearing conducted by the California Department of Fair Employment and Housing (“DFEH”) or the Fair Employment and Housing Commission (“FEHC”). Similarly, Employer prohibits employees form hindering its internal investigations or its internal complaint procedure.
All complaints of unlawful harassment or discrimination that are reported to management or to the Human Resources Department will be investigated as promptly as possible through a fair and thorough investigation by an impartial qualified Employer representative. Employer will conduct its investigation in a manner that provides all parties appropriate due process and reasonable conclusions that are based on the evidence collected, including by documenting, and tracking its investigation. Corrective action will be taken where warranted and based on the documented evidence.
All complaints of unlawful harassment or discrimination will be treated with as much confidentiality as possible, consistent with the need to conduct an adequate investigation.
Supervisors and/or managers who witness harassment, discrimination, or retaliation, or who receive reports of harassment, discrimination, or retaliation, must immediately report such conduct to the Human Resources Department. Failure to do so for supervisors and/or managers may result in disciplinary action.
ACKNOWLEDGMENT OF RECEIPT
I acknowledge that I have received a copy of the foregoing Harassment, Discrimination and Retaliation Prevention Policy and that I have read and understand the policies and procedures set forth herein. I understand that it is my responsibility to comply with Employer’s Harassment, Discrimination, and Retaliation Prevention Policy and any revisions made to it.