What do the elusive words "employers must take all steps necessary to prevent harassment from occurring" really mean? More importantly, what steps are necessary to prevent harassment? The following article will identify the lessons that we have learned over the years from counseling employers and trying harassment cases. These lessons can be distilled into five steps for identifying, addressing and eliminating all forms of workplace harassment. But first, some general observations.

We believe that 95% of litigation is preventable. The remaining 5% is comprised of lawsuits from individuals who can never be satisfied. Why then do we have so many harassment lawsuits? Because to truly prevent litigation, one must have a carefully thought-out prevention program. And, yes, a thorough prevention program costs money. It doesn’t, however, cost as much as defending just one lawsuit. In fact, in many cases, the cost of creating an entire prevention program is less than preparing for and taking one plaintiff’s deposition!

The basic goals of a prevention program are to tell all employees what is expected of them, to provide them with the tools to meet those expectations and then hold them accountable. In other words, treat people with respect and treat them like adults. In addition to the financial incentive outlined above, the advantages to an employer in having a prevention program are:

• A work force that is not subjected to harassment and discrimination is more productive;
• The organization will be applying a consistent approach towards preventing discrimination and harassment claims;
• No more paying for frivolous settlement demands;
• The organization feels confident in firmly responding to false accusations;
• The prevention program can be used as a recruitment tool;
• The employer can take advantage of the affirmative defense recently outlined by the U.S. Supreme Court.

This last advantage is critical to you as an employer. The Supreme Court has issued two recent rulings in the area of sexual harassment Faragher v. City of Boca Raton, 118 S. Ct. 2275 (1998) and Burlington Industries, Inc. v. Ellerth, 118 S. Ct. 2257 (1998). These decisions hold that, even if an employee proves he or she was subjected to a hostile environment by a supervisor that does not result in a tangible job detriment, the employer is not liable if it can show:

a. The employer exercised reasonable care to prevent and promptly correct any sexually harassing behavior; and

b. The employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to avoid harm by other means.

Although the Supreme Court was ruling on sexual harassment cases, we believe that this standard will be applied by courts throughout the country in all types of harassment cases. In fact, a federal court has recently ruled that the new Supreme Court affirmative defense can be applied to a race discrimination/harassment case.

When all is said and done, having an effective prevention program is not only the right thing to do for your employees, but it can now be used as an affirmative defense to defeat a claim of environmental harassment.

STEP ONE:

Disseminating a Written Anti-Harassment Policy

A clearly drafted anti-harassment policy, conforming to the law and tailored to your organization, is the first step in implementing an effective harassment prevention program.

The policy should define unacceptable behavior for all types of harassment and affirmatively state that such conduct will not be tolerated. It should give examples of conduct that is considered unacceptable. This policy should also describe the complaint procedure, identify to whom a complaint should be brought, state that an investigation will be conducted and that appeal is available following the investigation. Finally, the policy should be posted and distributed on an annual basis with a signed acknowledgement of receipt from all employees.

The following checklist provides the key elements and considerations of which any employer should be aware when drafting a new harassment policy, or reviewing one already in place:

A.

Does your policy contain a strong statement of your organization’s commitment to providing a work environment free from harassment?

Your policy should contain a strong policy statement that all forms of harassment are prohibited, and that your organization is committed to providing a safe and healthy work environment free from harassment.

B.

Does your policy define sexual harassment — both hostile work environment and quid pro quo — consistent with current law?

A clear, simple legal definition of both quid pro quo and hostile environment harassment should be included. Avoid legalese, and direct the language at your audience.

C.

Does your policy provide specific, non-exclusive examples of prohibited conduct that may constitute harassment in the work setting?

Because many people will not recognize harassment from a legal definition, identify the types of behavior that may constitute harassment. This list should be tailored to the audience. Such a list often plays a strong part in educating individuals about harassment and changing beliefs about the acceptability of certain behavior. Any list should be reviewed carefully for compliance with legal requirements, as well as potential violations of individual rights.

D.

Does your policy state clearly that sexual harassment may occur between employees and supervisors, employees and employees, and employees and customers or vendors, as well as members of the same sex?

The policy should clearly state that its intended audience is protected from all kinds of sexual harassment, including same-sex harassment. The policy should also prohibit sexual harassment by people who may interact with employees at work or during work-sponsored events, i.e., vendors, contractors, and customers.

E.

Does your policy state clearly that harassment is prohibited on your organization’s grounds, as well as at employer-sponsored activities, programs, and trips?

Individuals should be placed on notice that harassment occurring on the work grounds, as well as at work-sponsored events and trips is prohibited.

F.

Is there a clear statement that harassment may result in discipline, up to and including termination?

Employers are obligated to take prompt action to stop sexual harassment from occurring. Individuals should, therefore, be placed on notice of discipline that could result if the employer determines that sexual harassment has occurred. Not all sexual harassment will warrant termination. Therefore, it is important to list some potential disciplinary actions, while making clear that the list is not exclusive.

G.

Does your policy clearly state that retaliation against persons who complain about harassment is prohibited, and that retaliation may result in discipline, up to and including termination?

Retaliation for filing claims of harassment is prohibited. Every policy should contain a strong anti-retaliation section that provides some common examples of retaliatory behavior tailored to the policy’s audience. A strong anti-retaliation policy encourages people to make harassment complaints, and may help protect the employer from liability.

H.

Has the policy been reviewed by in-house or outside legal counsel to assure that it is consistent with current law?

Before implementing any harassment policy, have it reviewed by legal counsel. It is easier to catch and correct potential problem areas before the policy has been implemented. Careful review by legal counsel can save time and money in the long run.

Whether drafting a new harassment policy or reviewing one that is already in place, key individuals or groups should have some involvement in the process. The panel will vary from employer to employer. At a minimum, appropriate administrators, human resources personnel, in-house or outside legal counsel, and your EEO/affirmative action officer should be involved in the development or review process. Employers must also be aware of and adhere to any collective bargaining obligations under federal and/or state law, and/or past practice.

As a practical matter, a policy must have support within the affected community to be effective. Employers wishing to adopt a strong harassment policy should make every attempt to obtain input as appropriate and/or required by collective bargaining obligations. A policy that has the "buy in" of the whole work community has the best chance of successfully reducing, or even eliminating, incidences of harassment.

We have put together a sample policy that defines unacceptable behavior and provides a complaint procedure. You should consult with legal counsel before implementing this policy at your organization. You will find this sample attached at the end of this article, under "Developing a Prevention Plan."

STEP TWO:

Drafting Or Reviewing Your Organization’s Harassment Complaint Procedure

A strong, clearly drafted harassment policy is the first step toward establishing an effective sexual harassment prevention program. But, what happens when someone claims that the policy has been violated? In addition to a clear policy, your organization needs to have a complaint, investigation and resolution procedure that provides for prompt and equitable resolution of alleged harassment. Some employers may combine the harassment policy statement with the complaint resolution procedure.

There is no "one right way" to design a harassment complaint procedure. However, the procedure must resolve complaints of harassment in a prompt, effective and equitable manner. As with developing the harassment policy statement, involve appropriate administrators, human resources staff, legal counsel, affirmative action officers, and union representatives. If any affected group is unionized, employers will need to meet collective bargaining obligations under applicable federal and state laws.

A.

Establishing an Effective Complaint Procedure

In order to be effective, the complaint procedure must provide employees with an alternative to complaining to their supervisor. The procedure must deal with the scope of the grievance that can be filed, the confidentiality issues surrounding the complaint, time limits and the various avenues for raising a complaint. In addition, the procedure should provide a roadmap to be followed once a complaint is made.

Since the most effective complaint procedures are tailored to the particular community, no two procedures are likely to be the same. Whatever the particulars, successful complaint procedures usually share common elements designed to provide fundamental fairness and confidentiality to both the accuser and accused, while enabling the employer to meet its legal obligation to resolve such matters promptly and effectively. Employers should also make sure that any complaint resolution procedure adopted complies with all applicable state law procedures and timelines.

The following is a checklist of important questions to ask when reviewing a new or existing complaint resolution procedure. If the answer to any of these questions is "no," it is a "red flag" that your procedure may not comply with legal obligations and/or needs further review to determine if it is effective in providing prompt and appropriate corrective action that is equitable to all parties. If your review results in more than one or two "red flags," legal counsel should be consulted:

B.

Procedural Philosophy

1. Does your procedure contain a strong philosophy statement regarding the organization’s commitment to prompt and equitable resolution of harassment complaints?

Although this element seems self-evident, it is sometimes overlooked in the rush to define the process.

2. Does your procedure clearly state who can bring a complaint under the particular procedure?

It is critical that the individual(s) who may and/or must utilize the procedure when making claims of harassment be clearly identified. In the absence of such clear definition, employers run the risk of confusion over this basic element of the procedure. Policies that do not clearly identify who can and cannot bring a complaint will be virtually ineffective.

3. Is the relationship of the harassment investigation and complaint procedure to other grievance procedures contained in policies, state laws and/or collective bargaining agreements made clear?

It is important that the interrelationship, if any, between the harassment complaint procedure and other grievance procedures be clearly delineated in the harassment procedure, as well as in the other grievance procedures. Procedures that are not clearly stated risk causing confusion that could hinder the employer’s ability to respond promptly to harassment claims.

C.

Informal Complaint Resolution Process

1. Does your procedure include an informal, non-required mechanism or mechanisms for resolving harassment complaints if the parties agree to do so, i.e., mediation, counseling etc. ?

Some employers may wish to have an informal resolution procedure. While the availability of such informal procedures is generally recommended, employers are cautioned about making them a prerequisite to a formal complaint and investigation. Such informal procedures may be offered, but should not be required.

2. Is there a clear statement regarding confidentiality?

A clear statement regarding confidentiality encourages people to make complaints. However, complete confidentiality should never be promised since it cannot be maintained if the employer is to effectively investigate.

3. Does your procedure state the time for making an informal complaint?

It is important to adopt a reasonable timeframe for bringing both informal and formal complaints of harassment. These timeframes may be dictated by state law or regulation.

4. Does your procedure notify individuals of the manner and place for making an informal complaint, including to whom such complaints may be made?

Employers should make sure that their procedures clearly identify the persons to whom complaints may be made, as well as how to reach them. This is an integral component of the procedure and employers are cautioned to make sure that the information is accurate and up-to-date.

5. Does your procedure clearly state that the complainant is not required to participate in or complete the informal process before making a formal complaint?

Since the informal process should be available, but not required, it is important to make this fact known.

Again, while employers may offer both informal and formal complaint resolution mechanisms, it is important that individuals are clearly on notice that the processes are separate and distinct.

2. Does your procedure require a formal complaint to be made in writing on your organization’s approved form?

Your organization should have an approved form for filing written complaints. This is a simple way to keep track of when a formal complaint is actually being made. It will also be easier to investigate written allegations. Although employers should ask that complaints be submitted on an official form, a written complaint should not be rejected because it is not on the proper form.

3. Does your procedure clearly state an appropriate timeframe for filing a formal complaint?

As with informal complaints, it is important to set a reasonable timeframe for filing a claim (usually no longer than one year from the alleged harassment). This timeframe, for some employers, may be governed by state law and/or regulations. Victims of harassment should be encouraged to come forward sooner rather than later, since that will give your organization a better opportunity to investigate and resolve the matter promptly and equitably.

4. Does your procedure clearly identify the designated person(s) with whom the formal complaint must be filed and where they are located?

Employers should also make sure that their procedures clearly identify the persons to whom formal complaints may be made, as well as how to reach them. This is an integral component of the procedure and employers are cautioned to make sure that the information is accurate and up-to-date.

STEP THREE:

Defining an Investigation Protocol with Designated, Trained Investigators

This step is critical because, once you receive a complaint, you must respond promptly and reasonably. Several cases over the last year have looked at what constitutes a "reasonable investigation." The core premise of reasonableness is that trained investigators conduct the investigation. More than one person should be trained in conducting such investigations, and larger employers may need several. Once you identify those individuals make sure that they understand:

• How to thoroughly and professionally investigate harassment claims;
• The standards of proof that they need to utilize when determining if misconduct actually occurred;
• What questions to ask and not ask;
• What commitments to avoid making along the way;
• How to interview the accused and obtain meaningful information;
• How to get information from people who are reluctant or unwilling to cooperate;
• How to assess a witness’s credibility and get to the truth;
• How to obtain additional supporting evidence;
• How to sort relevant from irrelevant information;
• How to make a legally defensible decision and appropriate recommendations; and
• How to use legal counsel and the attorney/client privilege to help employers in the investigation.

After ensuring that you have a staff of trained investigators, establish a protocol for determining when you really need to launch a formal investigation as opposed to handling a complaint in an informal manner. Part of the protocol will be to evaluate what, if any, interim measures need to be taken during an investigation. For example, should the accused be placed on administrative leave pending the outcome of the investigation? If so, is a risk/threat assessment necessary? The investigation should also cover preparing a defensible investigative report and implementing the results of the investigation (i.e., What do you tell the accused? The accuser? Witnesses?). The questions below will help you define the parameters of your organization’s investigation protocol.

A:

Investigation

1. Is there a timeframe included for completing investigation of the complaint?

Title VII requires that employers take prompt appropriate action to address and remedy claims of harassment. Applicable state law will likely have a similar requirement. While federal law provides no specified timeframe, your institution’s investigation procedure should set a reasonable timeframe for conducting and completing the investigation. Some state laws and regulations have established timelines. Whatever timeline is chosen, make sure that it is consistent with any state law requirements. If no such requirements apply, the timeframe should be long enough to allow for a thorough investigation, but not so long as to violate the complainant’s right to a prompt resolution.

2. If the timeframe is not otherwise regulated by state law, is there a provision for reasonably extending the timeframe to accommodate for such contingencies as witness unavailability, vacations or other good cause?

Not every investigation can be concluded in the specified timeframe. To allow for flexibility, employers should incorporate a provision for extending the timeline in certain specified instances and/or for good cause. However, if the timeframe is regulated by state law, this type of provision may not be possible.

3. Is/are the person(s) who will investigate the complaint specified?

The procedure should specify who will investigate the complaint, i.e., affirmative action officer, designated H.R. person or outside investigator. This will help eliminate disputes over the investigator, and enable the employer to move forward with the investigation promptly. Most importantly, individuals responsible for investigating harassment claims should be well-trained in investigation technique and methodology. (See below.) Proper training is critical to the investigation, since an investigation will only be as good as the investigator.

While not required, employers may wish to consider using a neutral, outside investigator to investigate serious claims of harassment. This can eliminate charges from the accused that the official(s) charged with investigating the harassment is biased or pre-disposed. An outside investigator may not be necessary for each and every claim of harassment, however, your procedures should allow for using an outside investigator when the situation warrants. It may also be desirable to identify guidelines for when an outside investigator will be utilized. If so, the guidelines should be followed. Failing to have or follow guidelines creates greater risk that the dissatisfied party could make a claim of bias or inadequate procedure.

5. Is/are the individual(s) who will determine who will investigate specified?

Specify in the procedure which individual(s) decides who will investigate. This will also expedite the process and should help eliminate claims of different treatment and/or that the organization’s investigation is not being conducted according to its stated procedure.

6. Does you policy clearly state that individuals must cooperate in the investigation and may be subject to disciplinary action up to and including termination for failure to do so?

A harassment investigation is a serious matter. Providing clear notice to individuals that their cooperation is required will make it easier to discipline individuals who obstruct the investigation process and hinder the organization’s ability to conduct a prompt and thorough investigation of allegations. The conditions under which disciplinary action may be taken will depend on the requirements of state and/or federal law, the organization’s policies and/or collective bargaining agreements.

7. Is it clearly stated that all individuals are required to be truthful during the investigation and that dishonesty may be cause for disciplinary action up to and including termination?

As with cooperation, honesty in critical to conducting an investigation. Individuals should be placed on notice that honesty is expected, and that dishonesty may result in disciplinary action. The conditions under which disciplinary action may be taken will depend on state and/or federal law, employer policies and/or collective bargaining agreements.

Employers should be careful that discipline of the complainant for dishonesty is not retaliation for filing the claim. As a general rule, complainants should only be disciplined for the intentional filing of a false claim. The fact that individuals intentionally filing false claims of harassment may be subject to discipline should be specified in the policy.

8. Are the rights of the complainant and accused to be interviewed and to present evidence to the investigator clearly stated?

A successful investigation must be fair to all parties involved. Give both the complainant and the accused every opportunity to present his or her case to the investigator. Frequently, there are no witnesses to harassment other than the complainant and the accused. Allowing both the complainant and the accused to tell their full stories should better enable the investigator to make what can frequently be difficult credibility determinations.

9. Is there a provision clearly stating when and whether the complainant and the accused may be accompanied by an individual of their choice during the investigation process?

Unless required by state law or existing organizational policy and/or collective bargaining agreements, you need not allow the complainant or accused to be accompanied by any specific individuals during the process, including legal representation. The purpose of the investigation is to ascertain the truth of the allegations that harassment occurred. In many instances, due to the nature of the allegations, the complainant and/or accused may be more comfortable participating in the process if they are accompanied by an appropriate individual. Thus, employers should carefully consider which individuals will and will not be allowed, and clearly state that fact in the procedure. This will save time during the investigation, which could be side-tracked by such disputes if a policy is not clearly articulated.

10. Does the procedure require a written report of the investigation findings and the recommended action to resolve the complaint?

For your organization’s protection, the investigation must be well-documented. The investigative report will provide one of the best pieces of evidence if your organization is ever called upon to defend its investigation. That time may come well after the investigation has been completed, memories have faded, and key witnesses — including the investigator — have left the organization. Since the investigation report will be a key piece of evidence, it is critical to the investigation process that the individual(s) drafting the report be well-trained. At a minimum, reports should make a finding regarding each and every claimed instance of harassment, and support the finding with credible evidence.

Unless required by state law or existing organizational policy and/or collective bargaining agreements, there is no requirement that a full copy of the investigative report be given to either the complainant or the accused. Employers should consider providing the complainant and the accused with a summary of the investigative findings and recommended action, rather than a full copy of the report. This may have the advantage of protecting the privacy of witnesses and the overall confidentiality of the investigative process. Whatever the chosen approach, apply it consistently. Above all, copies of written harassment investigation reports should only be disseminated on a very limited "need to know" basis.

12. Is there a plan in place to ensure that confidentiality of the investigation, the report and investigation files is maintained?

Once the investigation has been concluded, both the complainant and the accused need to have the assurance that the investigation will remain confidential to the extent possible. Complete confidentiality is not required and should not be promised. However, the investigation should only be disclosed on a strict "need to know" basis, i.e., as required for the appeal and/or disciplinary process, or through established legal process or court order.

STEP FOUR:

Ensuring an Effective Appeal Procedure

If an employee is not satisfied with a decision regarding his employment, he should have an opportunity to raise concerns for further resolution and review. This is particularly true when dealing with harassment complaints. They usually involve personal allegations where emotions run high. An appeals procedure that either the complainant or the accused can use following an investigation of a harassment complaint is an integral component to your organization’s prevention program. Although the appeals procedure does not "prevent" the harassment complaint, it goes a long way to prevent a lawsuit and it builds confidence in the organization’s system of addressing such complaints.

Just as in establishing an investigations protocol, the appeals procedure should address certain issues. For example, to whom can the appeal be raised? Should it be an ombudsman, or the President/Director, or a board comprised of executives and/or a combination of employees and management? Other protocol issues to consider are whether appeals must be in writing. Are they only allowed if "new" information was not considered in the internal investigation, or if "impartiality" of the investigator is a concern? Finally, at the conclusion of an appeal, how will the parties be notified of the results?

Although there is no one way to answer these questions, your appeal procedure should be discussed and reviewed with legal counsel before they are implemented to ensure that they use the right procedure for your organization and that they are consistently used. The goal of any appeal procedure is to establish a process that builds confidence in your internal complaint and investigation procedures and works to keep employee concerns inside the organization. The questions set forth below will assist you in defining the appeal procedure that works best for your company.

A.

Appeals Process

1. If desired or required by state law, does your procedure contain a clearly defined appeals process?

Due to the seriousness of harassment charges and the fact that findings of harassment will likely result in disciplinary action, many organizations have an appeals process. There are many types of appeals processes. What is appropriate for one employer may not be appropriate for another. However, any appeals process should be simple to understand and follow and should be perceived as fair by all parties. Establishing a committee or appeals panel of representative groups within the organization may reduce bias charges. It may also be desirable to include individuals from outside the organization. The format of an employer’s appeals process may also be dictated by state law and/or collective bargaining agreements. If the appeals process is separate from an established grievance process in a collective bargaining agreement, that fact should be clearly stated.

2. Is the timeframe for appeal clearly stated?

Set a reasonable timeframe for the appeal process. For some employers, this may be controlled by state law. Any non-statutory timeframe should accomodate the employer’s obligation to take prompt action to remedy sexual harassment.

3. Is who can appeal clearly specified?

A policy that allows both the complainant and the accused to appeal is most consistent with principles of fairness. An appeals process that seems fair has the greatest chance of gaining acceptance from all concerned groups. In the absence of any state law on who is entitled to appeal, employers are free to determine their own policy.

As with designating the investigator, there should be an established method for determining who will hear the appeal. It may be a designated individual or individuals, or a committee. Almost any approach is acceptable as long as it is fair. A procedure may also have more than one level of appeal. However, employers are cautioned against implementing an appeal process that will be too lengthy and cumbersome to implement.

5. Has the issue of who will be permitted to testify, if anyone, been decided and the decision clearly set forth in the procedure?

Unless required by state law, an appeal need not be an evidentiary hearing. An appeals process that allows the complainant and accused to address the individual(s) hearing the appeal, however, has the greatest likelihood of acceptance. Moreover, unless required by applicable state law, organizational policy and/or collective bargaining agreements, parties have no right to legal or other representation at appeals.

6. Is there a provision for written findings of the appeal?

As with the investigation report, the results and findings of the appeals process should be made in writing. The findings should be clearly stated and substantiated by the evidence. These findings form the basis for disciplinary action.

STEP FIVE:

Publicity And Training Regarding Your Organization’s Harassment Prevention Program

Even the best harassment policy and procedure will not be successful unless everyone knows about it. Develop a plan for notifying employees about your policy and for training people responsible for implementing it.

The following is a checklist of basic elements for assessing the effectiveness of your organization’s notification program:

• Are policies and procedures written in a language appropriate to the audience?
• Are policies and procedures easily understood?
• Do they contain information regarding persons to whom complaints of harassment can be addressed?
• Are policies and procedures widely disseminated in a manner that will actually reach the intended audience, e.g., copies available at several work locations, summaries in all major organization publications, separate document sent to all employees?

There are many ways for employers to get the word out. What works for one employer and audience may not be the most effective approach for others. On the cutting edge of dissemination, some larger employers have utilized the "information highway" in their endeavor. Policies and procedures can be placed on your organization’s web page, or you may want to design a specific web page to provide information, forms and identify people on-site to whom complaints may be made. This can also be a good way to publicize support services for victims of alleged harassment, organization’s "Help-line," and information on how to file complaints with state and federal agencies. Whatever the approach, it should be well-thought-out and maintained.

In addition to the written word, train employers and supervisors about harassment and the procedure for addressing allegations. All employees should receive in-service training at least once a year on harassment and your organization’s procedure.

A.

Training Every Supervisor and Employee

Employers that conduct training usually stop after training of managers and supervisors. We recommend that training be conducted for every manager, supervisor and employee as to the employer’s expectations of appropriate behavior and the penalties for non-compliance. The thought of employee training is often met with resistance from employers who wonder, "Aren’t we just educating potential plaintiffs?" Not necessarily. What we have found after over 15 years of training employees all over the country is that employees keep things within the organization when they are taught what kinds of activities can be considered to be harassment, how the law defines harassment and how they should go about making an internal complaint. When employees understand that they have an internal outlet to resolve their concerns, they are much less likely to become a "plaintiff."

Managers and supervisors need training on both the employer’s expectations of appropriate behavior and also what their obligations are when hearing a complaint of harassment. We have found that it takes about two hours to train management and about one hour to train employees. This training, like the distribution of the anti-harassment policy, should be done annually.

Attached to this article is a prevention program checklist for your use in organizing your prevention program. We hope this article and checklist will inspire your organization to work toward eliminating harassment complaints by putting a prevention program in place today.

XYZ Organization is committed to equal employment opportunity. We do not discriminate based on an individual’s race, religion, color, national origin, ancestry, physical or mental disability, medical condition, marital status, veteran status, sexual orientation, age, or sex. This policy governs all aspects of employment at the Organization, including hiring, assignments, training, promotions, compensation, employee benefits, employee discipline and discharge, and all other terms and conditions of employment.

The Organization will reasonably accommodate an individual’s physical or mental disability when appropriate. Further information relating to reasonable accommodations is available from you Supervisor.

XYZ Organization is committed to evaluating each applicant and employee on the basis of personal skill and merit. The Organization will make every effort to ensure that both the letter and spirit of the laws prohibiting employment discrimination are fully implemented in all our working relationships.

The Organization strives to provide a work environment where all employees can work together comfortably and productively, free from harassment. The Organization prohibits the harassment of any of its employees based on an individual’s race, religion, color, gender, age, national origin, ancestry, marital status, medical condition, sexual orientation, or physical and mental disability, regardless of whether that harassment is targeted specifically to the employee.

Prohibited harassment may include, but is not limited to, epithets, slurs, derogatory comments or jokes, intimidation, negative stereotyping, threats, assault or any physical interference with the employee’s normal work or movement, directed at individual employees, their relatives, friends or associates. Harassment may also include written or graphic material placed on walls, bulletin boards or elsewhere on the Organization’s premises or circulated in the workplace that denigrates, shows hostility or aversion towards an individual or group because of the characteristics identified above.

Whether or not the offending employee means give offense or believed his or her comments or conduct were welcome is not significant. Rather, the Organization’s policy is violated when other employees, whether recipients or mere observers, are in fact offended by comments or conduct which are based on race, religion, color, gender, age, national origin, ancestry, marital status, medical condition, sexual orientation or disability.

The Organization also is committed to provide a workplace free of sexual harassment. Sexual harassment is defined as unwelcome sexual conduct of any nature that creates an offensive or hostile work environment or unwelcome sexual conduct that is made a condition of working at the Organization.

Prohibited sexual harassment includes unwelcome sexual conduct such as:

• Verbal harassment (e.g., sexual requests, comments, jokes, slurs);
• Physical harassment (e.g., touching, kissing) and;
• Visual harassment (e.g., posters, cartoons or drawings of a sexual nature.)

While the legal standards and consequences of sexual harassment are still evolving, the Organization’s policy has been and remains clear and more all encompassing than the law’s requirement. This is because the Organization’s policy rests on the fundamental precept that each employee must treat all others with respect, dignity and professionalism. Deviation from that standard will not be tolerated. Whether or not the offending employee meant to give offense, or believed his or her comments or conduct were welcome, is not significant. Rather, the Organization’s policy is violated when other employees, whether recipients or mere observers, are in fact offended by comments or conduct which are sexual in nature.

Our workplace is not limited to the Organization’s facilities, but may also include client and vendor facilities, as well as anywhere a business-related function is taking place. In fact, any place that employees and their supervisor are together is likely to be seen as the workplace.

3. Complaint Procedure

If an employee believes that he or she has been harassed by any Organization employee, vendor, client, or other business contact, the employee should immediately report the incident to their supervisor. If the immediate supervisor is involved in the reported conduct or, for some reason, the employee feels uncomfortable about making a report to that supervisor, the employee should report directly to Human Resources.

Any supervisor who sees or hears about conduct that may constitute harassment under this policy should immediately contact Human Resources.

The Organization will not retaliate, nor will it tolerate retaliation, against employees who complain in good faith about harassment in the work place. The Organization will investigate any such report and will take whatever corrective action is deemed necessary, including disciplining or discharging any individual who is believed to have violated these prohibitions against harassment and retaliation.

All employees and supervisors have a duty to cooperate in the Organization’s investigation of alleged harassment. Failure to cooperate or deliberately providing false information during an investigation shall be grounds for disciplinary action, including termination.