Harassment Free Work Environment

1. Definition

The definition of harassment is; unwelcome verbal, non-verbal, or physical conduct that threatens, intimidates, or coerces an employee, creates a hostile working environment, or impairs an employee’s ability to perform his or her job. 

2. Examples of harassment are: 
   1. Verbal: Comments which are not flattering or are unwelcome regarding a person's nationality, origin, race, color, religion, gender, sexual orientation, age, body, disability, appearance, or membership in a protected class described above, epithets, slurs or negative stereotyping. 
   2. Non-verbal: Distribution, display or discussion of any written or graphic material that ridicules, denigrates insults, belittles, or shows hostility or aversion toward an individual or group because of membership in a protected class described above.

3. Sexual Harassment

Sexual harassment is defined as "unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when submission to or rejection of such conduct is used as the basis for employment decisions or such conduct has the purpose or effect of creating an intimidating, hostile, or offensive working environment." 

Sexual harassment includes unsolicited and/or unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, when such conduct: 

1. is made explicitly or implicitly a term or condition of employment; or
2. Is used as a basis for an employment decision; or
3. Unreasonably interferes with an employee's work performance or creates an intimidating, hostile, or otherwise offensive environment.

Sexual harassment does not refer to behavior or occasional compliments of a socially acceptable nature. It refers to behavior that is unwelcome, that is personally offensive, and that lowers morale and therefore interferes with work effectiveness. Sexual harassment may take different forms. 

4. Examples of conduct that may constitute sexual harassment are: 
   1. Verbal: Sexual innuendoes, suggestive comments, jokes of a sexual nature, sexual propositions, lewd remarks, and threats. Requests for any type of sexual favor (this includes repeated, unwelcome requests for dates). Verbal abuse or "kidding" which is oriented towards a prohibitive form of harassment, including that which is sex oriented and considered unwelcome.
   2. Non-verbal: The distribution, display, or discussion of any written or graphic material including calendars, posters, and cartoons that are sexually suggestive, or show hostility toward an individual or group because of sex, suggestive or insulting sounds, leering, staring, whistling, obscene gestures, content in letters and notes, facsimiles, e-mail, that is sexual in nature. 
   3. Physical: Unwelcome, unwanted physical contact; including but not limited to, touching, tickling, pinching, patting, brushing up against, hugging, cornering, kissing, fondling, forced sexual intercourse, or assault.
5. Harassment, including sexual harassment, can occur in a variety of circumstances, including but not limited to the following:
   1. The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex. 
   2. The harasser can be the victim’s supervisor, an agent of the agency, a supervisor in another area, a co-worker, or a non-employee. 
   3. The victim does not have to be the person harassed but could be someone unreasonably affected by the offensive conduct. 
6. Unlawful harassment may occur without economic injury to or discharge of the victim. 
7. PIC will not tolerate retaliation against an individual for filing a complaint of harassment or discrimination, testifying, or participating in any way in an investigation, proceeding, or litigation.

Complaint Resolution Procedure 

8. The following complaint resolution procedure will be followed in order to address a complaint regarding, harassment, discrimination, or retaliation:
   1. A person who feels harassed, discriminated or retaliated against by anyone in the work environment may initiate the complaint process by bringing their complaint to HR Manager or the Executive Directors. When reporting suspected harassment, discrimination or retaliation employees are not required to follow the Conciliation Process in Policy 730. Employees should report harassment before it becomes severe or pervasive. 
   2. If a supervisor or manager becomes aware that harassment or dis-crimination is occurring, either from personal observation or as a result of an employee coming forward, the super-visor or manager should immediately report it to HR Manager or an Executive Director. 
   3. Any person electing to utilize this complaint resolution procedure will be treated courteously, the problem will be handled swiftly and as confidentially as feasible in light of the need to take appropriate corrective action, and the registering of a complaint will in no way be used against the employee, nor will it have an adverse impact on the individual's employment status. While reporting such incidents might be a difficult personal experience, allowing harassment activities to continue will most certainly lead to less desirable outcomes. For that reason, employees are strongly urged to utilize this procedure. 
   4. When an employee complains about, or a supervisor reports alleged harassment, discrimination or retaliation, PIC will investigate the allegation regardless of whether it conforms to a particular format or is made in writing.  However, a written complaint is preferred to clarify issues and assist the investigation.
   5. PIC will conduct a prompt, thorough, and impartial investigation into alleged harassment. 
   6. Upon completion of the investigation, PIC will undertake immediate and appropriate corrective action, including discipline up to and including termination, whenever the Executive Director, with the advice of HR, determines that harassment has occurred. HR will inform both parties whether the investigation substantiated the complaint. If the complaint was substantiated, HR will tell the complainant whether or not disciplinary action was taken.
   7. Either the complainant or the accused employee may contest the results of the investigation by submitting a written statement to the Executive Director. The statement should include the reason for contesting the determination.  The investigation may be re-opened at the discretion of an Executive Director.  If the Executive Director modifies the earlier decision, both parties will be so notified.
   8. PIC will protect the confidentiality of harassment, discrimination or retaliation allegations to the extent possible. We cannot guarantee complete confidentiality, since we cannot conduct an effective investigation without revealing certain information to the alleged harasser and potential witnesses. However, information about the allegation of harassment will be shared only with those who need to know about it. Records relating to harassment complaints will be kept confidential on the same basis.
   9. PIC provides this complaint resolution procedure in a good faith effort to eliminate harassment, discrimination, and retaliation and to respond quickly and appropriately should such behavior occur.  However, PIC can only act if it is aware of the inappropriate conduct.  Therefore, employees are required to follow this complaint resolution procedure in a timely manner if they feel they have been harassed, discriminated, or subjected to retaliation.  Failure to comply with this procedure may be used against an employee at any proceeding outside PIC. 

Responsibility:

9. All employees must comply with this policy.  All incidents and suspected violations should be reported immediately to HR or the Executive Director. 
10. Supervisors/managers are responsible for recognizing, preventing, and reporting harassment in their areas and to act promptly to eliminate any discrimination or harassment that exists in their areas of responsibilities. 
11. HR has the primary responsibility for implementing this Policy. In particular, HR will respond to inquiries and complaints from management and employees regarding discrimination, sexual harassment, other harassment, or retaliation; maintain records of these inquiries and complaints as well as their resolution, and keep the Executive Director advised of the status. 
12. Prevention is the best tool to eliminate harassment in the workplace. PIC takes the following steps to prevent harassment:
    1. Clearly communicate to employees that harassment will not be tolerated. 
    2. Provide harassment prevention training to employees and supervisors. 
    3. Create a respectful working environment that is free from harassment.