Sample Discriminatory Harassment Prevention Policy
It is the policy of our Company to maintain a working environment free from discriminatory harassment. Any form of unlawful discrimination, including harassment based on race, color, religion, gender, national origin, age, disability or any other characteristic protected by applicable law, is strictly prohibited. Any employee found to have engaged in any form of discriminatory harassment in the course of his/her employment will be subject to appropriate disciplinary action, up to and including termination of employment.
A. Sexual Harassment
Sexual harassment includes, but is not limited to, unwelcome sexual advances, requests for sexual favors, as well as other conduct of a sexual nature when: 1. The submission to or rejection of such conduct is made a condition of the employee's continued employment, or used as the basis for any employment decisions affecting the employee; or 2. The conduct, if unwelcome and severe or pervasive, creates an intimidating, hostile or offensive working environment, or unreasonably interferes with an employee's work environment.
Examples of what may, if unwelcome and severe or pervasive, constitute sexual harassment, besides sexual advances and requests for sexual favors include, but are not limited to:
- sexually suggestive physical contact or behavior, such as grabbing, groping, kissing, fondling, rubbing or massaging someone's neck or shoulders, stroking someone's hair; unwelcome leering, whistling, pinching, brushing against the body; suggestive, insulting, or obscene comments or gestures;
- the display in the workplace of sexually suggestive or explicit objects, pictures, posters or cartoons, including, but not limited to, offensive electronic communications or voice-mail messages; access to pornographic images through the Internet or e-mail;
- verbal abuse of a sexual nature including foul or obscene language, lewd, off-color, sexually oriented comments or sexual jokes or any graphic verbal commentary about an individual's body.
B. Other Discriminatory Harassment
Any conduct based on a person's race, color, religion, gender, national origin, age, disability, or any other characteristic protected by local or federal law is considered harassing if it creates a hostile, intimidating or offensive work environment, or unreasonably interferes with an employee's work performance.
As with sexual harassment, other discriminatory harassment can be verbal, non-verbal or physical. Examples of what may, if unwelcome and severe or pervasive, constitute other discriminatory harassment include, but are not limited to, the use of racial or ethnic slurs, jokes, or derogatory remarks; the use of insults, threats, literature, pictures or cartoons based on a protected characteristic; or any physical aggression based on a protected characteristic.
This policy applies anywhere employees are functioning on behalf of the Company regardless of whether it is at a Company facility or in a different location.
C. Reporting Discriminatory Harassment
Any employee who believes that discriminatory harassment has occurred should immediately report the incident to Human Resources. The Company takes matters of discriminatory harassment very seriously and will conduct a prompt investigation of all complaints and take appropriate action based upon that investigation. Any employee found to have engaged in any form of discriminatory harassment will be subject to appropriate disciplinary action, up to and including termination of employment. Absolute confidentiality cannot be guaranteed. However, every effort will be made to handle all complaints and investigations with as much discretion and confidentiality as circumstances permit. The Company will not tolerate any retaliation against any employee for making a complaint, bringing inappropriate conduct to the Company's attention, or for participating in an investigation of an alleged act of harassment.
HRTrain recommends that your organization review all employment policies with employment counsel.