Non-Discrimination and Anti-Harassment Policy - Form Pro · NG-law

NON-DISCRIMINATION AND ANTI-HARASSMENT POLICY

Effective Date: ________

Issued by: ________, a company incorporated in Nigeria with RC Number ________ and having its registered office at ________ (the \

PART 1: INTRODUCTION AND LEGAL FRAMEWORK

§ 1.1. This Non-Discrimination and Anti-Harassment Policy (the \"Policy\") is adopted by ________ (the \"Company\") in furtherance of its commitment to provide every employee with a safe, healthy and dignified working environment that affords equal employment opportunities and prohibits all forms of discrimination, harassment, bullying and victimisation.

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§ 1.3. All staff members are expected to treat their co-workers with respect and dignity and to maintain a peaceful and professional working environment. Employees are required to refrain from the use of abusive or vulgar language, fighting, unhealthy rivalry and any other unacceptable conduct within the work environment.

PART 2: SCOPE AND APPLICATION

§ 2.1. This Policy applies to all employees of ________, whether full-time, part-time, temporary, casual or on contract, and extends, where relevant, to directors, officers, interns, volunteers, consultants, contractors and visitors.

§ 2.2. This Policy applies to unacceptable conduct occurring in the workplace and in any work-related setting outside the workplace, including business trips, work-related social functions, training sessions, and communications conducted through any digital, electronic or social media channel.

§ 2.3. All employees are advised to read this Policy carefully and to comply fully with its provisions.

PART 3: EQUAL EMPLOYMENT OPPORTUNITY

§ 3.1. The Company provides every staff member with equal employment opportunity and rewards all staff on the basis of merit, namely an employee's qualifications, talent, skills, expertise and competence.

§ 3.2. In considering any person for recruitment, allocation of tasks, promotion, training, salary increase or other employment benefit, managers and supervisors shall act on the basis of merit only. The Company does not tolerate favouritism, nepotism or any form of discrimination in the workplace.

PART 4: NON-DISCRIMINATION

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§ 4.2. For the purposes of this Policy, discrimination occurs where:

(I) the acceptance or rejection of any conduct is used as a basis for obtaining employment, promotion, or any employment benefit;

(II) the acceptance or rejection of any conduct is used as a basis for making employment decisions affecting an employee of the Company; or

(III) any person is subjected to less favourable treatment by reason of any of the prohibited grounds set out in § 4.1.

§ 4.3. To prevent discrimination and ensure that all employment decisions are fair and lawful, the Company has put in place the following measures:

________

PART 5: HARASSMENT AND BULLYING

§ 5.1. Harassment. The Company prohibits all forms of harassment, bullying and victimisation in the workplace. Harassment means any unwanted or unsolicited act or conduct that is considered offensive, humiliating, intimidating or disturbing, or that has the purpose or effect of creating an intimidating, hostile or degrading work environment. Harassment includes, but is not limited to:

(I) making requests in exchange for benefits, promotion or other employment advantages;

(II) making derogatory remarks about a person's body, gender, age, disability or other personal characteristics;

(III) verbal or physical abuse, fighting, shouting, teasing or other inappropriate or violent conduct.

§ 5.2. Sexual Harassment. Sexual harassment is a form of harassment involving explicit or implicit unwanted sexual advances, conduct or flirtation, and may be based on a person's sex, gender, or sexual orientation. Examples of sexual harassment include:

(I) repeated and unsolicited sexual advances or propositions;

(II) using sexually-oriented comments against a person's body;

(III) sending sexually-suggestive messages, social media posts, videos or emails;

(IV) unwelcome leering, touching, or unsolicited body contact;

(V) unwelcome display of obscene or sexually suggestive videos and images;

(VI) non-verbal conduct such as sexual gestures and suggestive visuals;

(VII) using sexual or disparaging gestures or comments;

(VIII) using derogatory, offensive or vulgar remarks or unwelcome sexual advances;

(IX) unwanted and repeated pressure for sexual activity.

§ 5.3. Sexual harassment also includes making requests, promises or granting employment benefits in exchange for sexual relations, where:

(I) the acceptance of such conduct is made a condition of employment, promotion or employment benefits;

(II) the acceptance or refusal of such conduct is used as a basis for making employment decisions affecting the employee concerned; or

(III) such conduct has the effect of creating a hostile, intimidating or offensive environment for the affected employee.

§ 5.4. The Company notes that certain acts of sexual harassment and gender-based violence may constitute criminal offences under the Violence Against Persons (Prohibition) Act 2015, the Criminal Code Act, the Penal Code (in States where applicable) and other applicable laws, and the Company reserves the right to report such conduct to the appropriate law enforcement authorities.

§ 5.5. Bullying. The Company has zero tolerance for bullying in the workplace, which may take the following forms:

(I) Cyber-bullying — any harm or injury inflicted upon a person through the use of computers, mobile phones and other electronic devices, whether done privately or publicly, including sending insulting, distressing or abusive messages, emails or videos about a co-worker; spreading unverified information about a co-worker; or intimidating a co-worker over the internet.

(II) Physical bullying — hitting, kicking, pushing, tripping, taking or destroying a co-worker's property, causing physical damage or injury, or any other violent or improper act against a co-worker which causes short-term or long-term damage.

(III) Verbal bullying — making hurtful, disparaging or damaging statements or remarks about a co-worker, or making distressing racial, gender-related or discriminatory remarks with the intent of intimidating a co-worker.

(IV) Social bullying — spreading rumours and lies; unwarranted teasing or making embarrassing jokes about a co-worker's interests, lifestyle or habits; embarrassing a co-worker privately or in public; and any other act done to humiliate an employee.

§ 5.6. In relation to harassment and bullying, a single incident may constitute a breach of this Policy, and ignorance of this Policy shall not be an excuse.

PART 6: VICTIMISATION IN THE WORKPLACE

§ 6.1. Victimisation occurs where a person subjects another to detrimental or unfair treatment. It is a form of discrimination that may arise where an employee is treated unfairly because of their office or role in the Company, for reporting or alleging discrimination or harassment, for assisting in an investigation, or for any other reason.

§ 6.2. The Company does not tolerate any form of victimisation, and any person involved in such conduct shall be disciplined in accordance with this Policy.

PART 7: ROLE OF THE COMPANY

(I) The Company is committed to providing a safe working environment free from harassment and discrimination.

(II) The Company shall organise and sponsor training and programmes on harassment, discrimination and victimisation.

(III) The Company shall provide an efficient grievance procedure to address complaints relating to discrimination, harassment, victimisation and other unacceptable practices.

(IV) The Company undertakes to handle all complaints confidentially and to process any personal data in accordance with the Nigeria Data Protection Act 2023.

PART 8: ROLE OF EMPLOYEES

§ 8.1. Every employee of the Company has the obligation to:

(I) comply with the terms of this Policy and all other policies of the Company;

(II) treat their co-workers and colleagues fairly and with dignity and respect;

(III) refrain from all forms of discrimination, harassment, bullying and victimisation in the workplace and in any work-related environment;

(IV) report any incident of discrimination, harassment, bullying or victimisation through the appropriate channel;

(V) cooperate fully and honestly with any investigation conducted by the Company in relation to a complaint made under this Policy; and

(VI) maintain confidentiality in respect of any complaint or investigation in which they are involved.

PART 9: ROLE OF MANAGERS AND SUPERVISORS

§ 9.1. Managers, supervisors and heads of departments of the Company have the obligation to:

(I) comply with this Policy, the Company's code of conduct and other policies of the Company;

(II) treat their subordinates fairly and with dignity and respect;

(III) where in charge of recruitment, promotion or reward of employees, act fairly and grant rewards on the basis of merit only, and avoid all forms of discrimination and victimisation;

(IV) not abuse their position of authority in the Company, and not request any sexual or other improper favour in exchange for employment benefits; and

(V) promptly act on, and where appropriate escalate, any complaint or incident of which they become aware.

PART 10: DISCIPLINARY ACTIONS

§ 10.1. Where any employee violates this Policy, the following disciplinary actions may be taken, having regard to the nature and gravity of the breach and to the principles of fair hearing guaranteed under Section 36 of the Constitution of the Federal Republic of Nigeria 1999 (as amended):

(I) Warning — an employee who contravenes this Policy may be given a verbal warning or a formal written warning stating the date, time and nature of the misconduct, how the situation is to be rectified, and a caution against repetition.

(II) Apology — in addition to any other action, an employee may be required to tender a verbal or written apology to the person offended.

(III) Compulsory counselling — an employee found in breach may be required to attend a counselling programme organised or sponsored by the Company.

(IV) Suspension — an employee may be suspended for a definite or indefinite period, with or without pay, subject to applicable law and the employee's contract of employment.

(V) Termination of employment — this is the final disciplinary action that may be taken for repeated infractions or for severe offences or gross misconduct, subject to compliance with the employee's contract, the Labour Act and applicable law.

§ 10.2. Before any disciplinary action is taken, the affected employee shall be informed of the allegation against them and given a fair opportunity to respond.

PART 11: COMPLAINT AND GRIEVANCE PROCEDURE

§ 11.1. Any employee who has experienced or witnessed conduct that violates this Policy should report the matter to ________ as soon as reasonably practicable. ________ is responsible for receiving complaints on behalf of the Company and for investigating issues involving harassment, discrimination, victimisation or unfair treatment.

§ 11.2. A complaint may be made orally or in writing. Where a complaint is made orally, the affected employee may be required to make a written statement of the incident. The written complaint should give a full account of the occurrence, including the precise date and location of the event, the person(s) involved, any witnesses, and any other relevant information that would assist the investigation.

§ 11.3. In particular, complaints may be brought as follows:

________

§ 11.4. The Company shall investigate every complaint promptly, impartially and confidentially, and shall communicate the outcome to the parties concerned within a reasonable time.

PART 12: PROHIBITION OF RETALIATION

§ 12.1. The Company encourages the reporting of any perceived harassment, discrimination or victimisation through the appropriate channel. The Company prohibits retaliation against any employee who, in good faith, reports a violation of this Policy or assists in any investigation. Any person who engages in retaliation shall be subject to disciplinary action under Part 10.

PART 13: DATA PROTECTION AND CONFIDENTIALITY

§ 13.1. Any personal data collected, processed or stored in connection with a complaint or investigation under this Policy shall be handled in accordance with the Nigeria Data Protection Act 2023 and any subsidiary regulations, and shall be used solely for the purposes of administering this Policy.

§ 13.2. All parties involved in a complaint or investigation shall maintain strict confidentiality, save where disclosure is required by law or is necessary for the proper conduct of the investigation.

PART 14: POLICY MODIFICATION

§ 14.1. The Company may, at any time and at its sole discretion, revise, modify or amend the terms of this Policy in any manner it considers fit. All employees shall be duly notified in writing of any such change.

§ 14.2. Every employee has the duty to read and understand the provisions of any modified version of this Policy and to comply with its terms. Any questions or issues arising from a modified version should be communicated through the appropriate channel.

PART 15: GOVERNING LAW

§ 15.1. This Policy shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria, and any dispute arising from or in connection with this Policy shall be subject to the jurisdiction of the National Industrial Court of Nigeria or such other court of competent jurisdiction sitting at ________.

PART 16: ACKNOWLEDGEMENT OF RECEIPT

I acknowledge that I have read, understood and agree to be bound by all the provisions of this Non-Discrimination and Anti-Harassment Policy.

Name of Employee: ________

Designation/Department: ________

Date of Receipt: ________

Signature of Employee: ________

Acknowledged for and on behalf of the Company by: ________

Designation: ________

Signature: ________

Date: ________