Sample Policy on Sexual Harassment

Statement of Company Policy __________________ [Company name] is proud of its tradition of a collegial work environment in which everyone is treated with respect and dignity. Each person has the right to work in a professional atmosphere that promotes equal opportunities and prohibits discriminatory practices, including sexual harassment. At __________________ [company name], sexual harassment, whether verbal, physical, or environmental, is unacceptable and will not be tolerated.

Sexual Harassment Defined For purposes of this policy, sexual harassment is defined as unwelcome or unwanted advances, requests for sexual favors, and any other verbal, visual, or physical conduct of a sexual nature when either: (1) Submission to or rejection of this conduct by a person is used as a factor in decisions affecting hiring, evaluation, retention, promotion, or other aspects of employment; or (2) This conduct substantially interferes with a persons employment or creates an intimidating, hostile, or offensive work environment. Examples of sexual harassment include, but are not limited to, the following: (1) Unwanted sexual advances. (2) Demands for sexual favors in exchange for favorable treatment or continued employment. (3) Threats and demands to submit to sexual requests to obtain or retain any employment benefit. (4) Verbal conduct such as (a) epithets, derogatory or obscene comments, slurs, or sexual invitations; (b) sexual jokes or propositions, (c) suggestive, insulting, or obscene comments or gestures; or (d) other verbal abuse of a sexual nature. Verbal conduct includes both oral and written communication. (5) Graphic verbal commentary about a persons body, sexual prowess, or sexual deficiencies. (6) Flirtations, advances, leering, whistling, touching, pinching, assault, coerced sexual acts, or the blocking of normal movements. (7) Visual conduct such as derogatory or sexual posters, photographs, cartoons, drawings, gestures, or other displays in the workplace of sexually suggestive objects or pictures.

(8) Conduct or comments consistently targeted at only one gender, even if the content is not sexual. (9) Retaliation for having reported or threatened to report sexual harassment. This behavior is unacceptable in the workplace itself and in other work-related settings such as business trips, court appearances, training sessions, seminars, symposia, and businessrelated social events. In evaluating behavior, the standard to be applied is that of a reasonable victim of the same gender as the victim.

Dissemination of Policy This policy will be disseminated to all employees, and its existence will be announced in a prominent place by the company. A copy of this policy will be posted __________________ [specify location, e.g.,on the employee notices bulletin board in the Human Resources office]. All supervisors are responsible for knowing of the policys existence, of its substance, and of their responsibility for its implementation. The __________________ [name of person, e.g.,Director of Human Resources] will be available to answer all questions about the policy and its implementation. The company will post the Department of Fair Employment and Housing poster concerning employment discrimination __________________ [specify location, e.g.,on theemployee notices bulletin board in the Human Resources office]. Employees are encouraged to read the poster. In addition, Department of Fair Employment and Housing Brochure DFEH-185, Sexual Harassment Is Forbidden by Law, will be distributed to all employees. Each employee must read this information sheet and sign and return a receipt to the Human Resources office stating that he or she has received and read the information sheet.

Individuals Covered by the Policy This policy covers every person in the workplace, including __________________ [list all job titles covered by policy]. __________________ [Company name] will not tolerate, condone, or allow sexual harassment, whether engaged in by employees or non-employees who conduct business with __________________ [company name]. __________________ [Company name] encourages reporting of all incidents of sexual harassment, regardless of who the offender may be, or the offenders relationship to the company.

Committee on Sexual Harassment The __________________ [e.g.,Director of Human Resources] will form a Committee on Sexual Harassment. The duties of the committee are to receive sexual harassment complaints, investigate incidents of sexual harassment, recommend action after determining that sexual

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harassment has occurred, and ensure that the company maintains an effective policy on sexual harassment. Committee members will receive special training in dealing with sexual harassment complaints. The committee will be composed of __________________ [e.g.,six members, three male and three female]. Committee members are chosen by __________________ [describe method of choosing members, e.g.,agreement of the Director of Human Resources and the President]. The following are the current members of the Committee on Sexual Harassment:
Name of Committee Member __________________ __________________ __________________ __________________ __________________ __________________ Title __________________ __________________ __________________ __________________ __________________ __________________

Reporting a Complaint While __________________ [company name] encourages people who believe they are being harassed to firmly and promptly notify the offender that his or her behavior is unwelcome, the company also recognizes that power and status disparities between an alleged harasser and a target may make a confrontation impossible. In the event that informal, direct communication between the people involved is either ineffective or impossible, the following steps should be followed to report a sexual harassment complaint. Notification of Appropriate Staff People who believe they have been subjected to sexual harassment should report the incident to any member of the Committee on Sexual Harassment, listed above. A person also may choose to report the complaint to his or her supervisor. If the supervisor successfully resolves the complaint in an informal manner to the complainants satisfaction, the supervisor must file a confidential report to __________________ [specify designated person, e.g.,the Director of Human Resources] about the complaint and resolution so that the company will be aware of any pattern of harassment by a particular person and also will be aware of all complaints of sexual harassment on a company-wide basis. If the supervisor does not successfully resolve the complaint in an informal manner, a written report must be made to __________________ [specify designated person, e.g.,the Director of Human Resources] within one work day. A supervisor who has not had special training in dealing with sexual harassment complaints is strongly encouraged to consult a trained member of the Committee on Sexual Harassment before taking any action. Description of Misconduct An accurate record of objectionable behavior or misconduct is needed to resolve a formal complaint of sexual harassment.

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Oral reports of sexual harassment must be put in writing either by the complainant or by the person designated to receive complaints, and must be signed by the complainant. Employees who believe they have been or currently are being harassed should maintain a record of objectionable conduct to effectively prepare and substantiate their allegations. While __________________ [company name] encourages employees to keep written notes to accurately record offensive conduct or behavior, the company hereby notifies all employees that, in the event a lawsuit develops from the reported incident, the complainants written notes might not be considered privileged or confidential information, and might have to be turned over to the companys attorneys for review. Timeframe for Reporting Complaint __________________ [Company name] encourages a prompt reporting of complaints so that rapid response and appropriate action can be taken. This policy not only aids the complainant, but also helps to maintain an environment free from discrimination for all employees. Employees should also be aware of the time limits imposed by local, state, and federal governmental agencies for the filing of complaints of harassment or discrimination. These time limits are posted on the official notices that are prominently displayed __________________ [specify location, e.g.,on the employee notices bulletin board in the Human Resources office].

Investigating the Complaint Confidentiality Any allegation of sexual harassment brought to the attention of the Committee on Sexual Harassment will be promptly investigated. Confidentiality will be maintained throughout the investigatory process to the extent practical and appropriate under the circumstances. Identification of Investigators Complaints will be investigated and resolved by the Committee on Sexual Harassment. In addition, the following people may participate in reviewing the investigation and outcome: __________________ [specify other persons, who may participate, e.g.,the Director of Human Resources and the President]. Investigation Process In pursuing the investigation, the investigator will try to take the wishes of the complainant into consideration, but will thoroughly investigate the matter, keeping the complainant informed as to the status of the investigation. For a complete investigation, the investigator must do at least all of the following: a. b. Confirm the name and position of the complainant. Identify the alleged harasser.

c. Thoroughly ascertain all facts that explain what happened by questioning the complainant and the alleged harasser. The investigator should question the parties separately, and should ask all questions in a non-judgmental manner.

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d. Determine the frequency and type of alleged harassment and, if possible, the dates and locations where alleged harassment occurred. e. Find out if there were witnesses who observed the alleged harassment. If there were witnesses, the investigator should take a statement from each witness. f. Ask the complainant how he or she responded to the alleged harassment. g. Develop a thorough understanding of the professional relationship, degree of control, and amount of interaction between the alleged harasser and the complainant. For example, the investigator might want to find out whether the alleged harasser controls the compensation, terms of employment, benefits, or promotion of the complainant, or whether the parties involved work in close proximity to each other. h. Determine whether the alleged harasser has carried out any threats or promises directed at the complainant. i. Determine whether the complainant knows of or suspects that there are other employees who have been harassed by the alleged harasser. j. Determine if the complainant has informed a supervisor or other manager of the incident. If the complainant has informed a supervisor or other manager, determine what response the complainant received from each person. k. Ask the complainant what action he or she would like the company to take as a consequence of the harassment. l. When first interviewing the alleged harasser, remind him or her of the companys policy that prohibits retaliation against an employee for making a complaint of sexual harassment.

Resolving the Complaint To minimize as much as possible the damage to the company, to the complainant, and to the alleged harasser, __________________ [company name] will complete the investigation of a sexual harassment complaint and will communicate its findings and intended actions to the complainant and alleged harasser as quickly as possible. If the investigator, together with the Committee on Sexual Harassment, finds that sexual harassment has occurred, the harasser will be subject to appropriate disciplinary procedures, as listed below. The complainant will be informed of the disciplinary action taken. If the investigator, together with the Committee on Sexual Harassment, determines that no sexual harassment has occurred, this finding will be communicated to the complainant in an appropriately sensitive manner. The alleged harasser will also be informed of this finding. If the investigator, together with the Committee on Sexual Harassment, is unable to determine whether sexual harassment occurred, this finding will be communicated to the complainant and the alleged harasser, and the matter will be recorded as unresolved. Both the complainant and the alleged harasser will be informed again of the procedures set forth in this Policy on Sexual Harassment, including the appeal process contained below.

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If a resolution satisfactory to both parties cannot be reached based on the initial investigation, the matter will be referred to __________________ [specify appropriate person or group, e.g.,thePresident or the Human Resources Committee]. For further discussion, see Appeals Process, below. Sanctions Persons found to have engaged in misconduct constituting sexual harassment will be severely disciplined, up to and including termination. Appropriate sanctions will be determined by __________________ [specify appropriate person or group, e.g.,the Director of Human Resources or the Committee on Sexual Harassment]. In addressing incidents of sexual harassment, the companys response at a minimum must include reprimanding the harasser and preparing a written record of the reprimand. Additional action may include referral to counseling, withholding of a promotion, reassignment, and temporary suspension without pay, financial penalties, or termination. This policy is intended to protect all employees from harassment in any way associated with the workplace or work environment, regardless of who the harasser is. Although the companys ability to discipline a non-employee harasser (for example, a delivery person or a client) may be limited by the degree of control, if any, that the company has over the alleged harasser, any employee who has been subjected to sexual harassment should file a complaint and be assured that action will be taken. Such action may include ceasing business relations with a client or supplier, reporting a client contact or representative to his or her employer, reporting a public official to the appropriate agency, or other appropriate action to protect employees. Appeal Process If any party directly involved in a sexual harassment investigation is dissatisfied with the outcome or resolution of the investigation, that person has the right to appeal the decision. The dissatisfied person should submit his or her written comments in a timely manner to __________________ [specify appropriate person or group, e.g.,the President or the Human Resources Committee].

Maintaining a Written Record of the Complaint The company will maintain a complete written record of each complaint and the manner in which it was investigated and resolved. Written records will be maintained in a confidential manner __________________ [specify location of records, e.g.,in the office of the Director of Human Resources]. Written records will be maintained for five years from the date of resolution unless new circumstances dictate that the file should be kept for a longer period of time. Protection Against Retaliation __________________ [Company name] will not retaliate in any way against an employee who makes a complaint of sexual harassment or against a participant in the investigation of sexual harassment. Similarly, the company will not allow any employee to Page 6 of 7

retaliate in any way against an employee who makes a complaint of sexual harassment or against a participant in the investigation of sexual harassment. Retaliation is a serious violation of this Policy on Sexual Harassment and should be reported immediately. Any person found to have retaliated against another person for reporting sexual harassment or for participating in an investigation of sexual harassment will be subject to the same disciplinary action provided for sexual harassment offenders. For further discussion of these disciplinary procedures, see Resolving the Complaint, above. Formal Legal Proceedings The procedures described in this policy apply to internal complaints of sexual harassment. Different procedures apply after a formal governmental administrative charge or civil lawsuit is filed. If any employee receives such a charge or complaint, he or she should deliver it to __________________ [specify person to whom charge or complaint should be delivered, e.g.,the Director of Human Resources] immediately. All responses to formal charges or complaints will be made through __________________ [specify person or department, e.g.,the Director of Human Resources]. Retaliation against any person who files a formal charge or complaint of sexual harassment is prohibited, and is grounds for the same disciplinary action provided for sexual harassment offenders, up to and including termination. For further discussion of these disciplinary procedures, see Resolving the Complaint, above.

Conclusion __________________ [Company name] has developed this Policy on Sexual Harassment to ensure that all its employees, supervisors, and executives can work in an environment free from sexual harassment. The company will make every effort to ensure that all its personnel are familiar with the policy and know that any complaint received will be thoroughly investigated and appropriately resolved. ____________ Dated: __________________ [company name] By __________________ [signature]

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