Policy Information | |
Series Policies - Policy Manual | |
SEXUAL/WORKPLACE HARASSMENT POLICY Policy # 5020 |
|
Marcus Whitman CSD is committed to maintaining a workplace free from sexual harassment. Sexual/Workplace harassment is a form of workplace discrimination. All employees are required to work in a manner that prevents sexual or other forms of harassment in the workplace. This Policy is one component of the District’s commitment to a discrimination-free work environment. Sexual/Workplace harassment is against the law[1] and all employees have a legal right to a workplace free from sexual harassment and employees are urged to report sexual/workplace harassment by filing a complaint internally with the District. Employees can also file a complaint with a government agency or in court under federal, state or local antidiscrimination laws.
Policy:
What Is “Sexual/Workplace Harassment”?
Sexual/Workplace harassment is a form of discrimination and is unlawful under federal, state, and (where applicable) local law. Sexual/Workplace harassment includes harassment on the basis of sex, sexual orientation, self-identified or perceived sex, gender expression, gender identity and the status of being transgender, as well as race, age, religion, national origin, disability, veteran status and all other categories of individuals protected from unfair treatment under federal, state and/or local law.
A. Sexual Harassment
Sexual harassment is unlawful when it subjects an individual to inferior terms, conditions, or privileges of employment. Harassment need not be severe or pervasive to be unlawful, and can be any harassing conduct that consists of more than petty slights or trivial inconveniences. Sexual harassment includes unwelcome conduct which is either of a sexual nature, or which is directed at an individual because of that individual’s sex when:
A sexually harassing hostile work environment includes, but is not limited to, words, signs, jokes, pranks, intimidation or physical violence which are of a sexual nature, or which are directed at an individual because of that individual’s sex or done so in reckless disregard of the fact that the act could be offensive on that basis. Sexual harassment also consists of any unwanted verbal or physical advances, sexually explicit derogatory statements or sexually discriminatory remarks made by someone which are offensive or objectionable to the recipient, which cause the recipient discomfort or humiliation, which interfere with the recipient’s job performance.
Sexual harassment also occurs when a person in authority tries to trade job benefits for sexual favors. This can include hiring, promotion, continued employment or any other terms, conditions or privileges of employment. This is also called “quid pro quo” harassment.
Any employee who feels harassed should report so that any violation of this policy can be corrected promptly. Any harassing conduct, even a single incident, can be addressed under this policy.
Examples of sexual harassment
The following describes some of the types of acts that may be unlawful sexual harassment and that are strictly prohibited:
Who can be a target of sexual harassment?
Sexual harassment can occur between any individuals, regardless of their sex or gender. New York Law protects employees, paid or unpaid interns, and non-employees, including independent contractors, and those employed by companies contracting to provide services in the workplace. Harassers can be a superior, a subordinate, a coworker or anyone in the workplace including an independent contractor, contract worker, vendor, client, customer or visitor.
Where can sexual harassment occur?
Unlawful sexual harassment is not limited to the physical workplace itself. It can occur while employees are traveling for business or at employer sponsored events or parties. Calls, texts, emails, and social media usage by employees can constitute unlawful workplace harassment, even if they occur away from the workplace premises, on personal devices or during non-work hours.
B. Other Forms of Harassment
Other forms of prohibited workplace discrimination and harassment include unfair treatment on the basis of an employee’s membership in a category of people protected by federal, state and/or local law. In other words, decisions which significantly affect the employment status of an individual cannot be based on the individual’s race, age, religion, national origin, disability, marital status, veteran status, etc. These include decisions to hire, fire, promote, demote, alter compensation/benefits, give undesirable reassignments, etc. Like sexual harassment, this type of harassment is also unlawful when it subjects an individual to inferior terms, conditions, or privileges of employment.
This unfair treatment also extends to hostile work environment harassment. A harassing hostile work environment consists of words, signs, jokes, pranks, intimidation or physical violence which are directed at an individual because of that individual’s protected category or done so in reckless disregard of the fact that the act could be offensive on that basis. This type of harassment also consists of any derogatory statements or discriminatory remarks made by someone which are offensive or objectionable to the recipient, which cause the recipient discomfort or humiliation, which interfere with the recipient’s job performance. This unwelcome conduct need not be severe or pervasive to be unlawful and can be harassing conduct that consists of more than petty slights or trivial inconveniences.
As with sexual harassment, any employee who feels harassed should complain so that any violation of this policy can be corrected promptly. Any harassing conduct, even a single incident, can be addressed under this policy.
Examples of Other Forms of Harassment
The following describes some of the types of acts that may be unlawful workplace harassment and that are strictly prohibited:
• Racial slurs, insults, jokes or related degrading comments;
• Intolerance toward religious holidays, traditions and customs; cruel religious jokes;
• Degrading stereotypical comments about national origin, age, disability, race, religion, etc.;
• Teasing about an individual’s disability, patronizing comments, refusals to reasonably accommodate a disability or isolation of such individual;
• Teasing or patronizing comments, jokes, etc. about an individual’s age or any other protected category;
• Display of intimidating, demeaning, insulting or sexually suggestive objects, pictures, as well as written, recorded, or electronically transmitted messages.
Likewise, any of the following prohibited actions which are motivated by the recipient’s membership in a protected category will also violate this policy (as well as other work rules against workplace violence).
• Direct threats of intent to inflict harm
• Physical attacks (hitting, shoving, kicking)
• Threatening behavior (shaking fists angrily)
• Destroying property to intimidate
Who can be a target of these types of harassment?
Workplace harassment can occur between any individuals in the workplace setting. A perpetrator of harassment can be a superior, a subordinate, a coworker or anyone in the workplace including an independent contractor, contract worker, vendor, client, customer or visitor.
Where can this harassment occur?
Unlawful workplace harassment is not limited to the physical workplace itself. It can occur while employees are traveling for business or at employer sponsored events or parties. Calls, texts, emails, and social media usage by employees can constitute unlawful workplace harassment, even if they occur away from the workplace premises or not during work hours.
Retaliation
Unlawful retaliation can be any action that could discourage a worker from coming forward to make or support a sexual/workplace harassment claim. Adverse action need not be job-related or occur in the workplace to constitute unlawful retaliation (e.g., threats of physical violence outside of work hours).
Such retaliation is unlawful under federal, state, and (where applicable) local law. The New York State Human Rights Law protects any individual who has engaged in “protected activity.” Protected activity occurs when a person has:
Even if the alleged harassment does not turn out to rise to the level of a violation of law, the individual is protected from retaliation if the person had a good faith belief that the practices were unlawful. However, the retaliation provision is not intended to protect persons making intentionally false charges of harassment.
Reporting Sexual/Workplace Harassment
Preventing sexual/workplace harassment is everyone’s responsibility. The District cannot prevent or remedy sexual/workplace harassment unless it knows about it. Any employee, paid or unpaid intern or non-employee who has been subjected to behavior that may constitute sexual/workplace harassment is encouraged to report such behavior to a supervisor, manager or Civil Rights officer . Anyone who witnesses or becomes aware of potential instances of sexual harassment should report such behavior to a supervisor, manager or Civil Rights officer.
Reports of sexual/workplace harassment may be made verbally or in writing. A form for submission of a written complaint is attached to this Policy, and all employees are encouraged to use this complaint form. Employees who are reporting sexual/workplace harassment on behalf of other employees should use the complaint form and note that it is on another employee’s behalf.
Employees, paid or unpaid interns or non-employees who believe they have been a target of sexual/workplace harassment may also seek assistance in other available forums, as explained below in the section on Legal Protections.
Supervisory Responsibilities
All supervisors and managers who receive a complaint or information about suspected sexual/workplace harassment, observe what may be harassing behavior or for any reason suspect that sexual/workplace harassment is occurring, are required to report such suspected harassment to the Title IX Officer(s).
In addition to being subject to discipline if they engaged in harassing conduct themselves, supervisors and managers will be subject to discipline for failing to report suspected sexual/workplace harassment or otherwise knowingly allowing sexual harassment to continue.
Supervisors and managers will also be subject to discipline for engaging in any retaliation.
Complaint and Investigation of Sexual/Workplace Harassment
All complaints or information about sexual/workplace harassment will be investigated, whether that information was reported in verbal or written form. Investigations will be conducted in a timely manner, and will be confidential to the extent possible.
An investigation of any complaint, information or knowledge of suspected sexual/workplace harassment will be prompt and thorough, commenced immediately and completed as soon as possible. The investigation will be kept confidential to the extent possible. All persons involved, including complainants, witnesses and alleged harassers will be accorded due process, as outlined below, to protect their rights to a fair and impartial investigation.
Any employee may be required to cooperate as needed in an investigation of suspected sexual/workplace harassment. The District will not tolerate retaliation against employees who file complaints, support another’s complaint or participate in an investigation regarding a violation of this policy.
While the process may vary from case to case, investigations should be done in accordance with the following steps:
Legal Protections And External Remedies
Sexual/workplace harassment is not only prohibited by the District but is also prohibited by state, federal, and, where applicable, local law.
Aside from the internal process at Marcus Whitman CSD, employees may also choose to pursue legal remedies with the following governmental entities. While a private attorney is not required to file a complaint with a governmental agency, you may seek the legal advice of an attorney.
In addition to those outlined below, employees in certain industries may have additional legal protections.
State Human Rights Law (HRL)
The Human Rights Law (HRL), codified as N.Y. Executive Law, art. 15, § 290 et seq., applies to all employers in New York State with regard to sexual harassment, and protects employees, paid or unpaid interns and non-employees, regardless of immigration status. This law also prohibits other forms of workplace discrimination and harassment against employees on the basis of age, race, religion, etc. A complaint alleging violation of the Human Rights Law may be filed either with the Division of Human Rights (DHR) or in New York State Supreme Court.
Complaints with DHR may be filed any time within three years of the alleged harassment. If an individual did not file at DHR, they can sue directly in state court under the HRL, within three years of the alleged harassment. An individual may not file with DHR if they have already filed a HRL complaint in state court.
Complaining internally to the District does not extend your time to file with DHR or in court. The one year or three years is counted from date of the most recent incident of harassment.
You do not need an attorney to file a complaint with DHR, and there is no cost to file with DHR.
DHR will investigate your complaint and determine whether there is probable cause to believe that sexual harassment has occurred. Probable cause cases are forwarded to a public hearing before an administrative law judge. If sexual harassment is found after a hearing, DHR has the power to award relief, which varies but may include requiring your employer to take action to stop the harassment, or redress the damage caused, including paying of monetary damages, attorney’s fees and civil fines.
DHR’s main office contact information is: NYS Division of Human Rights, One Fordham Plaza, Fourth Floor, Bronx, New York 10458. You may call (718) 741-8400 or visit: www.dhr.ny.gov.
Contact DHR at (888) 392-3644 or visit dhr.ny.gov/complaint for more information about filing a complaint. The website has a complaint form that can be downloaded, filled out, notarized and mailed to DHR. The website also contains contact information for DHR’s regional offices across New York State.
Civil Rights Act of 1964
The United States Equal Employment Opportunity Commission (EEOC) enforces federal anti-discrimination laws, including Title VII of the 1964 federal Civil Rights Act (codified as 42 U.S.C. § 2000e et seq.). An individual can file a complaint with the EEOC anytime within 300 days from the harassment. There is no cost to file a complaint with the EEOC. The EEOC will investigate the complaint, and determine whether there is reasonable cause to believe that discrimination has occurred, at which point the EEOC will issue a Right to Sue letter permitting the individual to file a complaint in federal court.
The EEOC does not hold hearings or award relief, but may take other action including pursuing cases in federal court on behalf of complaining parties. Federal courts may award remedies if discrimination is found to have occurred. In general, private employers must have at least 15 employees to come within the jurisdiction of the EEOC.
An employee alleging discrimination at work can file a “Charge of Discrimination.” The EEOC has district, area, and field offices where complaints can be filed. Contact the EEOC by calling 1-800-669-4000 (TTY: 1-800-669-6820), visiting their website at www.eeoc.gov or via email at info@eeoc.gov.
If an individual filed an administrative complaint with DHR, DHR will file the complaint with the EEOC to preserve the right to proceed in federal court.
Local Protections
Many localities enforce laws protecting individuals from sexual harassment and discrimination. An individual should contact the county, city or town in which they live to find out if such a law exists. For example, employees who work in New York City may file complaints of sexual harassment with the New York City Commission on Human Rights. Contact their main office at Law Enforcement Bureau of the NYC Commission on Human Rights, 22 Reade, 1st Floor, New York, New York; call 311 or (212) 306-7450; or visit www.nyc.gov/html/cchr/html/home/home.shtml.
Contact the Local Police Department
If the harassment involves unwanted physical touching, threats of violence, destruction of property, coerced physical confinement or coerced sex acts, the conduct may constitute a crime. Contact the local police department.
[1] Harassment because of and discrimination against persons of all protected classes is prohibited. In New York State, such classes include age, race, creed, color, national origin, sexual orientation, military status, sex, disability, marital status, domestic violence victim status, gender identity or expression, familial status, predisposing genetic characteristics, and criminal history.
[2] A non-employee is someone who is (or is employed by) a contractor, subcontractor, vendor, consultant, or anyone providing services in the workplace. Protected non-employees include persons commonly referred to as independent contractors, “gig” workers and temporary workers. Also included are persons providing equipment repair, cleaning services or any other services provided pursuant to a contract with the employer.
Policies - Policy Manual |