Policy Prohibiting Discrimination, Harassment, and Retaliation - Word & PDF Template Form Pro · US-law
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POLICY PROHIBITING DISCRIMINATION, HARASSMENT, AND RETALIATION
Company: ________
Effective Date: ________
Policy Administrator / Designated Contact: ________
§ 1. Purpose and Commitment. ________ (the “Company”) is committed to providing a safe, respectful, and lawful workplace that promotes equal employment opportunity and is free of any form of discrimination, harassment, and retaliation. In furtherance of this commitment, the Company has adopted this Policy Prohibiting Discrimination, Harassment, and Retaliation (the “Policy”). This Policy is intended to comply with applicable federal, state, and local anti-discrimination laws, including, without limitation, Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et seq.), the Age Discrimination in Employment Act of 1967 (29 U.S.C. § 621 et seq.), the Americans with Disabilities Act of 1990, as amended (42 U.S.C. § 12101 et seq.), the Pregnancy Discrimination Act, the Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. § 2000ff et seq.), the Equal Pay Act of 1963, the Uniformed Services Employment and Reemployment Rights Act, and all applicable laws of the State of ________.
§ 3. Scope and Application. This Policy applies to all employees, including managers, supervisors, officers, and directors, as well as, where applicable, applicants, temporary staff, volunteers, and interns (all such persons collectively referred to as “employees”). Employees are prohibited from engaging in harassment, discrimination, or retaliation toward other employees, applicants, independent contractors, vendors, suppliers, customers, or any other person doing business with the Company. Any employee who violates this Policy will be subject to prompt and appropriate disciplinary action, up to and including termination of employment.
§ 5. Training. All employees are required to complete the Company’s training on discrimination, harassment, and retaliation as required by applicable law and Company practice. Newly hired employees must complete such training within ________ of their start date or as otherwise required by applicable law. Supervisory employees may be required to complete additional training. For any questions regarding training, employees should contact their direct supervisor or the Policy Administrator.
§ 6. Sexual Harassment.
6.1. Sexual harassment includes a range of conduct that is unwelcome and offensive. Sexual harassment includes conduct that is so severe or pervasive that it interferes with an employee’s work performance or creates an intimidating, hostile, or offensive work environment, as well as “quid pro quo” harassment in which submission to or rejection of such conduct is used as the basis for an employment decision.
6.2. Sexual harassment may be based on sex, gender, gender identity or expression, or sexual orientation. It may occur through in-person interactions or through text message, email, telephone, or the Internet, and violations of this Policy are not limited to conduct occurring on the Company’s physical premises or during working hours. Sexual harassment may be physical, verbal, visual, or psychological.
6.3. A single instance of conduct that may not, on its own, constitute sexual harassment may rise to that level when several incidents are perpetrated against the same individual by the same person or persons.
6.4. Sexual harassment may include, by way of non-exhaustive example, any of the following:
(a) unwanted sexual comments, sexual advances, or propositions;
(b) “quid pro quo” requests offered in exchange for any benefit or advancement;
(c) non-verbal conduct, such as sexual gestures or displaying sexually suggestive visuals;
(d) threatening or penalizing an employee for rejecting sexual advances;
(e) sending sexually suggestive or derogatory text messages, videos, emails, or social media posts;
(f) making degrading remarks about an individual, their body, or their gender, gender identity, or gender expression; and
(g) sexual assault, including unwanted touching or groping.
§ 7. How to Make a Complaint.
7.1. Employees who believe they have been subjected to harassment, discrimination, or retaliation are encouraged to document such conduct and should promptly report the incident to their supervisor or, if the complaint concerns their supervisor, to a higher-level supervisor or to the Policy Administrator. Persons acting on behalf of the Company who receive a report of such conduct are advised to document the report thoroughly and to forward it without delay to the Policy Administrator or Human Resources.
7.2. If employees are not comfortable bringing a complaint to their supervisor or someone directly above their supervisor, employees may report to any senior member of the Company with whom they feel comfortable, or to the Policy Administrator. Employees should be aware that the person to whom they report may be required to share the complaint with the appropriate personnel responsible for investigating and resolving such matters.
7.3. The Company encourages all employees to report violations of this Policy, regardless of the identity or position of the person whose conduct is at issue. No member of the Company is exempt from this Policy.
7.4. Nothing in this Policy limits an employee’s right to file a charge or complaint with a government agency or court under applicable federal, state, or local anti-discrimination laws, including the U.S. Equal Employment Opportunity Commission (EEOC) or the corresponding state or local fair employment practices agency. Employees should be aware that such agencies have strict deadlines for filing a charge or complaint.
§ 8. Investigation.
8.1. The Company will promptly, thoroughly, and impartially investigate all complaints reported under this Policy. Investigations will be completed in a timely manner and may involve interviews, examination of physical and documentary evidence, and the involvement of qualified personnel, such as Human Resources or Legal Counsel.
8.2. Investigations will be kept confidential to the extent practicable and consistent with a fair and thorough investigation, and information will be disclosed only on a need-to-know basis. The respondent may be made aware of the substance of the complaint and, where necessary, the identity of the complainant. The Company will maintain appropriate records of the investigation, including documentation of interviews and evidence.
8.3. Upon completion of the investigation, the Company will take such remedial and disciplinary action as it deems appropriate based on the evidence, up to and including termination of the offending employee and, where warranted, referral to law enforcement.
8.4. If the Company finds that conduct does not rise to the level of legally actionable discrimination or harassment but may do so if left unchecked, the Company will respond appropriately to prevent escalation.
8.5. Any employee who reports a complaint and believes that the Company’s response has not been adequate may, in their sole and exclusive discretion, file a charge with the EEOC or the applicable state or local agency, involve law enforcement, or pursue any other remedy available under applicable law.
§ 9. Retaliation.
9.1. Retaliation against any employee who, in good faith, reports a violation of this Policy, files a complaint, opposes prohibited conduct, or participates or cooperates in an investigation of alleged discrimination or harassment is strictly prohibited. Retaliation is itself a violation of this Policy and is unlawful.
9.2. Prohibited retaliation may include, but is not limited to, termination, demotion, suspension, reduction in pay or hours, denial of a promotion or benefit, undesirable reassignment, intimidation, threats, or any other adverse action taken against an employee because they engaged in protected activity under this Policy. This prohibition applies regardless of whether the underlying complaint is ultimately substantiated, provided the complaint was made in good faith.
9.3. Any employee who engages in retaliation in violation of this Policy will be subject to prompt and appropriate disciplinary action, up to and including termination of employment. Employees who believe they have been subjected to retaliation should report the conduct in accordance with the complaint procedures set forth in § 7 above.
§ 10. False Complaints. The Company takes all complaints seriously and will not tolerate retaliation against any employee who makes a good-faith complaint, even if the complaint is not substantiated. However, an employee who is found, after investigation, to have knowingly made a false or maliciously fabricated accusation in bad faith may be subject to disciplinary action, up to and including termination. A complaint that is not substantiated does not, by itself, constitute a false or bad-faith complaint.
§ 11. Communication. It is critical that all employees communicate with the Company regarding any instances of discrimination, harassment, or retaliation. The Company can only assist employees if it is made aware of the problem. It is each employee’s responsibility to bring such concerns to the Company’s attention through the procedures described in this Policy.
§ 12. No Limitation of Rights; No Contract. Nothing in this Policy is intended to replace or limit any legal rights or remedies that employees may have under applicable federal, state, or local law or rule, or to limit any rights under the National Labor Relations Act. This Policy does not create a contract of employment, express or implied, and does not alter the at-will nature of employment, where applicable.
§ 13. Modification. The Company reserves the right to modify, amend, or rescind this Policy, in whole or in part, at any time, with or without notice, to the extent permitted by applicable law.
§ 14. Acknowledgment. By signing below, the employee acknowledges that they have received, read, and understand this Policy, and agree to comply with its terms.
Employee Name: ________
Employee Signature: ________
Date: ________
Company Representative: ________
Title: ________
Signature: ________
Date: ________
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