Hr Policy

Sexual Harassment Policy

Objective: http://www.shrm.org/hrtools/policies_published/CMS_000554.asp

The purpose of this policy is to define sexual harassment, provide procedures for the investigation of sexual harassment claims, and ensure that violations are remedied fully.

Scope:

This policy applies to all employees of the company at all locations.

Policy Statement:

Sexual harassment is unwanted sexual attention of a persistent or offensive nature made by a person who knows, or reasonably should know, that such attention is unwanted. Sexual harassment includes sexually oriented conduct that is sufficiently pervasive or severe to unreasonably interfere with an employee's job performance or create an intimidating, hostile, or offensive working environment. While sexual harassment encompasses a wide range of conduct, some examples of specifically prohibited conduct include:

Ð'* Promising, directly or indirectly, an employee a reward, if the employee complies with a sexually oriented request;

Ð'* Threatening, directly or indirectly, to retaliate against an employee, if the employee refuses to comply with a sexually oriented request;

Ð'* Denying, directly or indirectly, an employee an employment-related opportunity, if the employee refuses to comply with a sexually oriented request;

Ð'* Engaging in sexually suggestive physical contact or touching another employee in a way that is unwelcome;

Ð'* Displaying, storing, or transmitting pornographic or sexually oriented materials using EMPLOYER equipment or facilities;

Ð'* Engaging in indecent exposure; or

Ð'* Making sexual or romantic advances toward an employee and persisting despite the employee's rejection of the advances.

Sexual harassment can be physical and/or psychological in nature. An aggregation of a series of incidents can constitute sexual harassment even if one of the incidents considered on its own would not be harassing.

Employees are prohibited from harassing other employees whether or not the incidents of harassment occur on EMPLOYER premises and whether or not the incidents occur during working hours.

Sexual harassment can involve males or females being harassed by members of either sex. Although sexual harassment typically involves a person in a greater position of authority as the harasser, individuals in positions of lesser or equal authority also can be found responsible for engaging in prohibited harassment. Consensual sexual or romantic relationships between employees are deemed unwise and are strongly discouraged if one employee has supervisory authority over the other employee.

Responsibilities:

Employees

If employees believe that they have been subject to sexual harassment or any unwanted sexual attention, they should:

Ð'* Make their unease and/or disapproval directly and immediately known to the harasser;

Ð'* Make a written record of the date, time, and nature of the incident(s) and the names of any witnesses; and

Ð'* Report the incident to the EMPLOYER's Manager, Human Resources or their supervisor.

Ð'* All incidents of sexual harassment or inappropriate sexual conduct must be reported regardless of their seriousness. Publicizing information about alleged harassment without following the reporting procedures or filing a formal complaint might be considered evidence of a vexatious intent on part of the accuser.

Supervisors

Supervisors must deal expeditiously and fairly with allegations of sexual harassment within their departments whether or not there has been a written or formal complaint. Supervisors must;

Ð'* Act promptly to investigate sexual harassment or inappropriate sexually oriented conduct;

Ð'* Ensure that harassment or inappropriate sexually oriented conduct is reported to EMPLOYER's Manager, Human Resources;

Ð'* Take corrective action to prevent prohibited conduct from reoccurring.

Ð'* Supervisors who knowingly allow or tolerate sexual harassment are in violation of this policy and subject to discipline.

Manager, Human Resources

The Manager, Human Resources is responsible for:

Ð'* Ensuring that both the individual filing the complaint (hereafter referred to as the complainant) and the accused individual (hereafter referred to as the respondent) are aware of the seriousness of a sexual harassment complaint;

Ð'* Explaining EMPLOYER's sexual harassment policy and investigation procedures to the complainant and the respondent;

Ð'* Exploring informal means of resolving sexual harassment complaints;

Ð'* Notifying the police if criminal activities are alleged; and

Ð'* Arranging for an investigation of the alleged harassment and the preparation of a written report.

Informal Resolution Procedures

Employees often can stop or prevent sexual harassment by immediately and directly expressing their disapproval of an individual's sexually oriented attention or conduct. In any case, employees should report all incidents of sexual harassment or inappropriate sexually oriented conduct to the Manager, Human Resources or their supervisor. In many cases, a supervisor's informal warning to an alleged harasser. combined with appropriate follow-up supervision and monitoring of the employee's behavior might be sufficient to prevent or stop sexual harassment. Some complaints can be resolved through informal mediation between the two parties. The Manager, Human Resources arranges for or facilitates mediation between the parties and coordinates other informal problem resolution measures.

If mediation is successful, a written settlement agreement must be prepared. Generally, the mediation agreement