NON-DISCRIMINATION AND ANTI-HARASSMENT
POLICY
By
Ralph J. Waldvogel,
III
Table of Contents
·
Introduction
·
Policy
·
Discrimination/Harassment
·
Sexual
Harassment
·
Enforcement
Procedures
·
Retaliation
·
Responsibilities
of the employees
·
Conclusion
·
Bibliography
Introduction
This organization is committed to maintaining a fair and respectful environment free from any form of discrimination and/or harassment. Such behavior creates a hostile work environment. We are an equal opportunity employer. This organization strives to provide an environment for all staff as well as patrons that is free from harassment and/or discrimination of any kind. Inappropriate behavior will not be allowed and will be met with appropriate disciplinary action, up to and including termination, in accordance with various federal and state laws and organizational policy.
Policy
This organization has a “zero
tolerance policy” concerning all forms of discrimination and/or harassment
including, but not limited to, race, creed, color, sex/gender (including sexual
harassment), pregnancy, sexual orientation, ethnic or national origin,
religion, age, disabled status, status as a disabled veteran or veteran of the
Vietnam era, and retaliation. The
following are some of the federal laws that protect individuals from any form
of discrimination and/or harassment: (1)
Title VII of the Civil Rights Act of 1964 (amended); (2) the Age Discrimination
in Employment Act of 1967 (ADEA); (3) the Americans with Disabilities Act of
1990 (ADA); (4) Sections 501 and 505 of the Rehabilitation Act of 1973; (5)
the Civil Rights Act of 1991; and (6) the Equal Pay Act of 1963 (EPA).
Discrimination/Harassment
It is
a serious violation of this organization’s policy for any employee to
discriminate against or harass in word or action a fellow employee, applicant
for employment, client, customer, patron, or anyone else while engaged in
official organizational business on any of the bases included above (q.v.).
This policy strictly prohibits the use in the workplace of offensive
language or actions which by their nature or effect degrade or insult a person,
or any group of persons, on the bases included above.
The
following are examples of discrimination:
·
Religious
discrimination-employees forced to participate (or not participate) in a
religious activity as a condition of employment.
·
Race discrimination-
employers using pre-employment questionnaires about race as a basis for
selection for employment.
·
Age discrimination-
employees not promoted based on age, not qualifications.
·
Pregnancy
discrimination- employers refusing to hire a pregnant woman because of her
pregnancy.
·
Equal pay
discrimination-employers may not choose to pay women less than men for the same
position. Equal skill means equal pay.
Sexual Harassment
Sexual
harassment in any form is unacceptable behavior and will not be tolerated. Sexual harassment may be defined as (1)
unwelcome sexual advances, (2) requests for sexual favors, or (3) other verbal
or physical conduct or written communication of a sexual nature when:
·
Submission to such
conduct is made either explicitly or implicitly a term or condition of an
individual’s employment.
·
Submission to or
rejection of such conduct is used as the basis for employment decisions
affecting such individual; or
·
Such conduct has the
purpose or effect of interfering with an individual’s work or creating an
intimidating, hostile, or offensive working environment.
Frivolous or false
claims of sexual harassment are considered harassment. This is also subject to disciplinary action.
Enforcement procedures
If someone feels that he/she
has been subjected to discrimination or harassment, he/she should promptly
report the incident to his/her immediate supervisor. We realize that the alleged offender may be a
member of management. Our organization
has an open-door policy. If an employee
is uncomfortable speaking to his/her immediate supervisor, he/she may report
the incident directly to an Equal Employment Opportunity (EEO) counselor,
without reprisal. There are two (2)
different time periods and ways to handle a complaint: (1) A complaint can be filed immediately after
the incident occurs or (2) within thirty (30) working days of the
incident. All employees have the option to file either (1) an informal or (2) a formal
complaint.
Informal
·
The claimant may, with a
supervisor and EEO counselor present, meet with the alleged offender to reach a
mutual resolution.
·
An investigation is not conducted.
·
Though a formal
complaint is not filed, a record of the incident is kept on file.
·
Disciplinary action is
not required.
Formal
·
A written statement must
be signed.
·
It must include details
of the incident including the name of the alleged offender, dates and locations
of the incidents, witnesses, and expected resolution.
·
The complaint is filed
with the EEO office.
·
The alleged offender
will be given copy of the allegations and an opportunity to respond.
·
The investigation will
include interviews with all parties concerned as well as any witnesses.
·
All interviews will be
documented.
·
Upon completion of the
investigation, a written report will be issued to a designated Human Resources
(HR) Representative containing the findings and whether a policy violation
occurred.
·
Written notification of
the findings will be sent to both parties.
The parties then have seven (7) working days to submit comments
concerning the investigation to the designated HR Representative.
·
Based on the submitted
comments, the designated HR Representative will then dismiss the complaint,
seek further investigation, or find that the policy was violated.
·
If the investigation
determines that discrimination has occurred, the appropriate disciplinary
action up to and including termination will be taken.
·
The claimant and the
respondent will be notified in writing of the final decision.
·
The employees reserve
the right to an appeal.
Retaliation
This organization will
make all efforts to protect employees from any form of retaliation. Retaliation occurs when an employer takes an
adverse action against a covered individual because he/she is engaged in a
protected activity.
An adverse action
involves the intentional opposition of a party involved in a discrimination
case. The following are examples of
adverse actions:
·
Termination
·
Denial of promotion
·
Negative evaluation
·
Assault
A covered individual is
a person who participated in a discrimination proceeding or requested accommodation
related to employment discrimination based on race, color, sex, religion,
national origin, age, or disability. This
does not protect individuals who have exposed their employer for wrongdoing
that is not related to discrimination governed by EEOC laws.
A protected activity is
when an individual opposes a practice that is believed to be unlawful. The following are examples of protected
activities:
·
Threatening to file a discrimination
case.
·
Refusing to obey a
perceived discriminatory order.
·
Speaking out against
alleged discrimination against oneself or others.
Actions that interfere
with work performance or constitute violent actions are not protected by law.
Responsibilities of the
employees
Everyone has the responsibility to
uphold the standards of this organization.
Observing the non-discrimination and anti-harassment policy is a responsibility
of all employees. Therefore, it is in
the best interest of the entire staff to be professional and treat fellow employees
with respect.
Conclusion
We strive to provide fair and equal working
environment for all. This organization
is committed to affirmative action and equal employment opportunity. Every employee deserves an environment free from
discrimination and harassment.
Harassment or discrimination of any kind is unlawful and will not be
tolerated.
Bibliography
AARP. Retrieved
May 5, 2007, from http://www.aarp.org/
FindLaw. Retrieved
May 5, 2007, from http://public.findlaw.com/
U.S. Department of
Labor. Retrieved May 4, 2007, from http://www.dol.gov/dol/topic/discrimination/agedisc.htm
U.S. Equal Employment Opportunity Commission
(EEOC). Retrieved May 6, 2007, from http://www.eeoc.gov/
Work Place Fairness. Retrieved
May 3, 2007, http://www.workplacefairness.org/
Prepared by Ralph J. Waldvogel, III for SLIS J724.