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SAMPLE POLICIES AGAINST DISCRIMINATION AND HARASSMENT
Version One
Last update:
9/12/05
(Company name) is committed to maintaining a work
environment that is free of discrimination. This policy forbids any
discriminatory employment action or any unwelcome conduct that is based
on a person's race, color, religion, gender, national origin, age,
disability, ancestry, marital status, veteran status, citizenship
status, sexual orientation, or any other protected status of anyone's
associates or relatives. (Company name) will not tolerate any form of
harassment of our employees or other persons performing services for our
company by anyone, including any supervisor, co-worker, vendor, client,
or customer.
Harassment consists of unwelcome conduct, whether
verbal, physical, or visual, that is based on a protected group status.
(Company name) will not tolerate harassing conduct
that:
-- Affects tangible job benefits
-- Interferes unreasonably with an employee's work performance
-- Creates an intimidating, hostile, or offensive working
environment
Harassment may include, for example:
-- Jokes about another person's protected status
-- Kidding, teasing or practical jokes directed at a person based on
their protected status
Sex harassment deserves special mention. Unwelcome
sexual advances, requests for sexual favors, and other physical, verbal,
or visual conduct based on sex constitute sexual harassment when:
-- Submission to the conduct is an explicit
(clear) or implicit (implied) term or condition of employment
-- Submission to or rejection of the conduct is
used as the basis for an employment decision the conduct has the
purpose or effect of unreasonably interfering with a person's work
performance or creating an intimidating, hostile, or offensive
working environment
Sex harassment is conduct based on sex, whether
directed towards a person of the opposite or same sex, and may include:
-- Explicit sexual
proposals
-- Sexual innuendo
-- Suggestive comments
-- Sexually-oriented "kidding" or "teasing,"
practical jokes, and obscene visual material (including
e-mail)
-- Physical contact such as patting, pinching, or brushing against
another person
-- Treating people differently, even in non-sexual ways, solely
because of their gender
All employees are responsible to help assure that we
avoid discrimination and harassment. If you feel that you have
experienced or witnessed any conduct that is inconsistent with this
Policy, you are to notify the Human Resources Manager, your department
head, or your supervisor.
(Company name) forbids retaliation against (getting
even with) anyone for reporting discrimination or harassment, assisting
in making a discrimination or harassment complaint, cooperating in a
discrimination or harassment investigation, or filing and EEOC claim. If
you feel you have been retaliated against, you are to notify the Human
Resources Manager, your department head, or your manager or supervisor.
(Company name) policy is to investigate all
discrimination and harassment complaints thoroughly and promptly. To the
fullest practical extent, (Company name) will keep complaints and the
terms of their resolution confidential. If an investigation confirms
that a violation of our policy has occurred, (Company name) will take
corrective action, including discipline, up to and including immediate
termination of employment.
POLICY AGAINST DISCRIMINATION AND HARASSMENT
Version Two
Purpose
(Company name) believes in respecting the dignity of every employee and
expects every employee to show respect for all of our colleagues,
customers, and vendors. Respectful, professional conduct furthers
(Company name’s) mission, promotes productivity, minimizes disputes,
and enhances our reputation. This policy forbids any discrimination or
unwelcome conduct that is based on an individual's race, color,
religion, gender, national origin, age, disability, ancestry, medical
condition, marital status, veteran status, citizenship status, sexual
orientation, or any other protected status of an individual or that
individual's associates or relatives. (Company name) is committed to
providing a work environment that is free of unlawful discrimination,
including harassment that is based on any legally protected status.
(Company name) will not tolerate any form of discrimination or
harassment that violates this policy.
Coverage
This policy absolutely forbids any employee, supervisor, partner,
officer, director, vendor, client, or agent of (Company name) to
discriminate against or harass any Company employee or applicant.
Prohibited Conduct
The conduct prohibited by this policy, whether verbal, physical, or
visual, includes any discriminatory employment action and any unwelcome
conduct that affects someone because of that individual's protected
status. Among the types of unwelcome conduct prohibited by this policy
are epithets, slurs, negative stereotyping, intimidating acts, and the
circulation or posting of written or graphic materials that show
hostility toward individuals because of their protected status. Even
where the conduct is not sufficiently severe or pervasive to constitute
actionable harassment, (Company name) discourages any such conduct in
the workplace.
Sex Harassment
Sex harassment is a problem that deserves special mention. Harassing
conduct based on gender often is sexual in nature but sometimes is not.
Our policy forbids harassment based on gender regardless of whether the
offensive conduct is sexual in nature. Any unwelcome conduct based on
gender is also forbidden by this policy regardless of whether the
individual engaged in harassment and the person being harassed are of
the same or are of different genders.
Unwelcome sexual advances, requests for sexual
favors, and other verbal, physical or visual conduct based on sex
constitute unlawful sex harassment when (1) submission becomes an
implicit or explicit term or condition of employment, (2) submission to
or rejection of the conduct is used as the basis for any employment
decision, or (3) the conduct has the purpose or effect of unreasonably
interfering with a person’s work performance or creating an
intimidating, hostile or offensive working environment.
(Company name) forbids harassment based on gender
regardless of whether it rises to the level of a legal violation.
Examples of gender-based harassment forbidden by (Company name) include
(1) offensive sex-oriented verbal kidding, teasing or jokes; (2)
repeated unwanted sexual flirtations, advances or propositions; (3)
continued or repeated verbal abuse of a sexual nature; (4) graphic or
degrading comments about a person’s appearance or sexual activity; (5)
offensive visual conduct, including leering, making sexual gestures, the
display of offensive sexually suggestive objects or pictures, cartoons
or posters; (6) unwelcome pressure for sexual activity; (7) offensively
suggestive or obscene letters, notes or invitations; or (8) offensive
physical contact such as patting, grabbing, pinching, or brushing
against another's body.
Employee Responsibility
Everyone at (Company name) can help assure that our workplace is free
from prohibited discrimination or harassment. Everyone is expected to
avoid any behavior or conduct that could reasonably be interpreted as
prohibited discrimination or harassment; no employees, not even the
highest ranking people at (Company name) are exempt from the
requirements of this policy. Every employee is expected to inform any
person in the workplace whose conduct the employee finds unwelcome. Any
manager or supervisor who is aware of conduct inconsistent with this
policy or who receives a report of conduct inconsistent with this policy
is to report immediately to the Human Resources Manager or
______________ or ____________. Every employee who reports harassment
should make every effort to make that report directly to the Human
Resources Manager or _____________ or ______________________.
Reporting Procedures
If you feel you have experienced or witnessed any conduct that violates
this policy, you are to immediately notify the Human Resources Manager
or _____________ or ______________________. Those management officials are authorized by
this policy to receive and act upon complaints of discrimination or
harassment on behalf of (Company name). This policy does not require
reporting harassment or discrimination to any person who is creating the
harassment or discrimination.
(Company name) Response
All reports describing conduct that is inconsistent with this policy
will be investigated promptly. (Company name) may put reasonable interim
measures in place, such as a leave of absence or a transfer, while the
investigation takes place. (Company name) will take further appropriate
action once the report has been thoroughly investigated. That action may
be a conclusion that a violation occurred, or (Company name's top
management official) might also conclude, depending on the
circumstances, either that no violation of policy occurred or that the
Company cannot conclude whether or not a violation occurred.
Where an investigation reveals that a violation of
this policy or other inappropriate conduct has occurred, then (Company
name) will take corrective action, including discipline up to and
including dismissal, as is appropriate under the circumstances,
regardless of the positions of the parties involved. (Company name) may
discipline any employee for any inappropriate conduct discovered in
investigating reports made under this policy, regardless of whether the
conduct amounts to a violation of law or even a violation of this
policy. If the person who engaged in harassment is not employed by
(Company name), then we will take whatever corrective action is
reasonable and appropriate under the circumstances.
Procedures
Consistent with this policy against workplace discrimination and
harassment, (Company name) maintains posters on bulletin boards that
refer to legal definitions of discrimination and harassment. Those
posters identify government agencies to contact for information on how
and when to file administrative claims. Using (Company name’s)
complaint process does not keep an employee from filing a claim with a
government agency. The time period for a federal complaint is 180 or 300
days from the harassment. The time period for filing a claim continues
to run during (Company name) investigation. Our policy provides for
immediate notice of problems to (Company name) officials listed above,
so that we may resolve any problems without waiting for any legal
proceedings to run their course.
Policy Against Retaliation
(Company name) forbids that any employee treat any other employee or
former employee or applicant adversely for reporting discrimination or
harassment, for assisting another employee or applicant in making a
report, for cooperating in a discrimination or harassment investigation,
or for filing an administrative claim with a government agency. All
employees who experience or witness any conduct they believe to be
retaliatory should immediately follow the reporting procedures stated
above.
Confidentiality
In investigating and in imposing any discipline, (Company name) will
attempt to preserve confidentiality to the extent that the needs of the
situation permit.
Acknowledgment
All (Company name) employees have a personal responsibility to conduct
themselves in compliance with this policy and to report any observations
of conduct inconsistent with this policy. If you have any
questions about this policy, then please contact _________________.
I agree to comply with this policy.
_____________________
Name
_____________________
Signature
Date
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