The objective of Arias Agencies in implementing and enforcing this policy is to define workplace sexual harassment, prohibit it in all forms, carry out appropriate disciplinary measures in the case of violations, and provide procedures for lodging complaints about conduct that violates this policy and investigating sexual harassment claims.
This policy applies to all employees and independent contractors of Arias Agencies and those working for the company at all locations and in any capacity. All workers, including employees, supervisors, managers, and agents will be subject to discipline, up to and including discharge, for any act of sexual harassment they commit.
Defining Sexual Harassment
“Sexual harassment” is unwelcome conduct of a sexual nature that is sufficiently persistent or offensive to unreasonably interfere with an employee’s job performance or create an intimidating, hostile or offensive working environment. Sexual harassment is defined by the Equal Employment Opportunity Commission Guidelines as unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when, for example: a) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, b) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or c) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.
Under Title VII of the Civil Rights Act of 1964, there are two types of sexual harassment: a) quid pro quo and 2) hostile work environment. Sexual harassment can be physical and 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.
Examples of prohibited conduct
Though sexual harassment encompasses a wide range of conduct, some examples of specifically prohibited conduct include the following:
Responding to Conduct in Violation of Policy
If an employee believes that he or she has been subject to sexual harassment or any unwelcome sexual attention, he or she may address the situation directly and immediately to the harasser, if possible. If the inappropriate conduct does not cease, or if the employee is unable to or uncomfortable with addressing the alleged harasser directly, he or she should report the incident to his or her own supervisor or manager, or to Chrissy Vansuch. It is helpful, but not required, to provide a written record of the date, time and nature of the incident(s) and the names of any witnesses.
It is important to report any and all concerns of sexual harassment or inappropriate sexual conduct to Chrissy Vansuch or a supervisor/manager as soon as possible. Management must be made aware of the situation so that it can conduct an immediate and impartial investigation and take appropriate action to remediate or prevent the prohibited conduct from continuing.
Managers and supervisors
Managers and 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. They must:
Managers and supervisors who knowingly allow or tolerate sexual harassment or retaliation, including the failure to immediately report such misconduct to Chrissy Vansuch, are in violation of this policy and subject to discipline.
Arias Agenices Administration
Chrissy Vansuch is responsible for:
Complaint Resolution Procedures
Individuals should report complaints of conduct believed to violate Arias Agencies sexual harassment policy according to the policy’s complaint procedures. To initiate a formal investigation into an alleged violation of this policy, employees may be asked to provide a written statement about the alleged misconduct to Chrissy Vansuch. Complaints should be submitted as soon as possible after an incident has occurred. Chrissy Vansuch may assist the complainant in completing the statement.
To ensure the prompt and thorough investigation of a sexual harassment complaint, the complainant should provide as much of the following information as is possible:
All complaints submitted will be reviewed within 24 hours of receipt, and the complainant will be notified that Chrissy Vansuch has started a Complaint Resolution Procedure.
Employees who violate this policy are subject to appropriate discipline. If an investigation results in a finding that this policy has been violated, the mandatory minimum discipline is a written reprimand. The discipline for very serious or repeat violations is termination of employment. Persons who violate this policy may also be subject to civil damages or criminal penalties.
All inquiries, complaints and investigations are treated confidentially. Information is revealed strictly on a need-to-know basis. Information contained in a formal complaint is kept as confidential as possible. However, the identity of the complainant is usually revealed to the respondent and witnesses. Natalie Price will take adequate steps to ensure that the complainant is protected from retaliation during the period of the investigation. All information pertaining to a sexual harassment complaint or investigation is maintained by Natalie Price in secure files. Natalie Price can answer any questions relating to the procedures for handling information related to sexual harassment complaints and investigations to complainants and respondents.
Other Available Procedures
The procedures available under this policy do not preempt or supersede any legal procedures or remedies otherwise available to a victim of sexual harassment under local, state or federal law.
This policy will be administered through Arias Agencies through Simon Arias/Chrissy Vansuch.
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