>> Definition of sexual harassment
>> Other forms of harassment
>> Policy

Sexual and Other Prohibited Forms of Harassment

Purpose

( Entity Name ) promotes a work environment free of actions or behaviors which are illegal and/or which contribute to interpersonal conflicts, poor morale or poor performance in the workplace. This policy applies to workplace conduct, conduct at company functions, and to employees at all levels and positions within the company. This policy not only prohibits sexual discrimination and harassment, but discrimination or harassment based on race, color, religion, age, gender, national origin, disability, or veteran’s status. Further, ( Entity Name ) condemns any such conduct and affirms that it will take appropriate action to eliminate such offensive conduct from the workplace.

Sexual harassment and discrimination or harassment based on race, color, religion, age, gender, national origin, disability, or veteran’s status are prohibited by State and Federal Law, and by this ( Entity Name ) policy.

Definition of Sexual Harassment
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Federal regulations define sexual harassment as: "unwelcome sexual advances, requests for sexual favors, and other verbal and physical conduct 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 by an individual is used as the basis for employment decisions affecting such individual; or
• such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment."

These are some examples of behaviors that could be defined as sexual harassment:

• pressure for sexual activity
• asking about a person's sexual fantasies, sexual preferences, or sexual activities
• unwelcome patting, hugging, or touching of a person's body, hair, or clothing
• repeatedly asking for a date after the person has expressed disinterest
• sexual innuendoes, jokes, or comments
• making sexual gestures with hands or through body movements
• disparaging remarks to a person about his/her gender or body
• making suggestive facial expressions such as licking lips or wiggling tongue
  sexual graffiti or visuals

Whether these behaviors constitute sexual harassment depends upon the totality of the circumstances, considering the seriousness, frequency and pervasiveness of the actions, as well as whether the conduct is unwelcome.

There are two types of sexual harassment:
Quid Pro Quo
Hostile Environment

Quid Pro Quo sexual harassment occurs when an individual's submission to or rejection of sexual advances or conduct of a sexual nature is used as the basis for employment decisions affecting the individual or the individual's submission to such conduct is made a term or condition of employment.

Hostile Environment sexual harassment occurs when unwelcome sexual conduct unreasonably interferes with an individual's job performance or creates a hostile, intimidating or offensive work environment even though the harassment may not result in tangible or economic job consequences, that is, the person may not lose pay or a promotion.

Definition of Other Prohibited Forms of Harassment
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Federal and state law and this company policy also prohibit derogatory racial, ethnic, religious, age, or other inappropriate remarks, slurs or jokes that have a tendency to offend or intimidate employees and/or interfere with workplace productivity. Such conduct is prohibited, whether it be in the form of physical, verbal, or written harassment, and regardless of whether committed by supervisory or non-supervisory personnel.

These are some examples of behaviors that could be defined as racial, ethnic, religious, age harassment:

• Use of derogatory terms that denote a particular racial, ethnic, religious or age group.
• Jokes, slurs or other remarks that disparage racial, ethnic, religious or age groups.
• Verbal abuse or insults of a racial, ethnic, religious or age-related nature.
• The display in the workplace of objects, pictures, posters, magazines, cartoons, or other materials that negatively portray any particular racial, ethnic, religious or age group.

The conduct portrayed in the above examples is not all-inclusive, but only illustrative.

Policy
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It is the policy of ( Entity Name ) that all employees shall enjoy a work environment free from all forms of discrimination and harassment, including sexual harassment. All employees, including supervisors and managers, will be subject to disciplinary action, up to and including discharge, for any sexual harassment behavior, or other forms of harassment or discrimination.

Any employee who believes that they have been subjected to sexual harassment or other forms of discrimination or harassment should immediately report the incident or alleged occurrence either to their direct supervisor, department head, or human resources manager. In order for the company to take appropriate actions, the company must be notified about the incident.

The human resources manager shall promptly investigate a complaint of sexual harassment or other forms of discrimination or harassment, provided however, that the human resources manager is not the subject of or included within the immediate sexual harassment or other forms of harassment or discrimination complaint. Every effort will be made to handle all such complaints in a fair, impartial, and efficient manner. In order to protect both the person making the complaint and the person or persons against whom the complaint is made, every reasonable effort will be made to handle all complaints in a confidential and discreet manner. If an employee is not satisfied with the way a complaint is handled, he or she should bring this to the attention of the (Mayor or Twp. Trustee or their designee). In all cases, the employee will be advised of the conclusion of the investigation.

No employee shall willfully bring forth or threaten to bring forth a false accusation of sexual harassment or other forms or harassment or discrimination contemplated solely to damage, harm, "get even with," or otherwise intimidate a co-worker, supervisor or manager. False accusations will result in disciplinary action up to and including termination. In addition, failure to notify the ( Entity ) of a complaint of sexual harassment or other forms of harassment or discrimination, then subsequently bringing suit against the ( Entity ), will result in disciplinary action up to and including termination.

Retaliatory action or conduct of any kind taken by any member of the ( Entity ) against an employee who files a complaint of sexual harassment or other forms or harassment or discrimination and/or an employee who is a witness to the alleged conduct is strictly prohibited. Retaliatory action shall be regarded as a separate and distinct violation of the ( Entity’s ) policies. Any employee who violates this section is subject to disciplinary action, up to and including termination.

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