Sexual Harassment Policy

Sexual Harassment Policy

Introduction  [Employer Name] is committed to maintaining a workplace free from sexual harassment. Sexual  harassment is a form of workplace discrimination. [Employer Name] has a zero-tolerance policy for  any form of sexual harassment, and all employees are required to work in a manner that prevents  sexual harassment in the workplace. This Policy is one component of [Employer Name’s]  commitment to a discrimination-free work environment.  Sexual harassment is against the law. All employees have a legal right to a workplace free from  sexual harassment, and employees can enforce this right by filing a complaint internally with  [Employer Name], or with a government agency or in court under federal, state or local  antidiscrimination laws.  Policy: 

1. [Employer Name] Policy applies to all employees, applicants for employment, interns, whether  paid or unpaid, contractors and persons conducting business with [Employer Name]. 
2. Sexual harassment will not be tolerated. Any employee or individual covered by this policy  who engages in sexual harassment or retaliation will be subject to remedial and/or disciplinary  action, up to and including termination. 
3. Retaliation Prohibition: No person covered by this Policy shall be subject to adverse  employment action including being discharged, disciplined, discriminated against, or otherwise  subject to adverse employment action because the employee reports an incident of sexual  harassment, provides information, or otherwise assists in any investigation of a sexual  harassment complaint. [Employer Name] has a zero-tolerance policy for such retaliation  against anyone who, in good faith complains or provides information about suspected sexual  harassment. Any employee of [Employer Name] who retaliates against anyone involved in a  sexual harassment investigation will be subjected to disciplinary action, up to and including  termination. Any employee, paid or unpaid intern, or non-employee1 working in the workplace  who believes they have been subject to such retaliation should inform a supervisor, manager,  or [name of appropriate person]. Any employee, paid or unpaid intern or non-employee who  believes they have been a victim of such retaliation may also seek compensation in other  available forums, as explained below in the section on Legal Protections. 
4. Sexual harassment is offensive, is a violation of our policies, is unlawful, and subjects  [Employer Name] to liability for harm to victims of sexual harassment. Harassers may also be 

1 A non-employee is someone who is (or is employed by) a contractor, subcontractor, vendor, consultant, or anyone providing services in the workplace.  Protected non-employees include persons commonly referred to as independent contractors, “gig” workers and temporary workers. Also included are  persons providing equipment repair, cleaning services or any other services provided pursuant to a contract with the employer.  Adoption of this policy does not constitute a conclusive defense to charges of unlawful sexual harassment. Each claim of sexual  harassment will be determined in accordance with existing legal standards, with due consideration of the particular facts and circumstances of the claim, including but not limited to the existence of an effective anti-harassment policy and procedure.  Page 1 of 7  individually subject to liability. Employees of every level who engage in sexual harassment,  including managers and supervisors who engage in sexual harassment or who knowingly allow  such behavior to continue, will be penalized for such misconduct. 

5. [Employer Name] will conduct a prompt, thorough and confidential investigation that ensures  due process for all parties, whenever management receives a complaint about sexual  harassment, or otherwise knows of possible sexual harassment occurring. Effective corrective  action will be taken whenever sexual harassment is found to have occurred. All employees,  including managers and supervisors, are required to cooperate with any internal investigation  of sexual harassment. 
6. All employees are encouraged to report any harassment or behaviors that violate this policy. [Employer Name] will provide all employees a complaint form for employees to report  harassment and file complaints. 
7. Managers and supervisors are required to report any complaint that they receive, or any  harassment that they observe to [person or office designated]. 
8. This policy applies to all employees, paid or unpaid interns, and non-employees and all must  follow and uphold this policy. This policy must be posted prominently in all work locations and  be provided to employees upon hiring. 

What Is “Sexual Harassment”?  Sexual harassment is a form of sex discrimination and is unlawful under federal, state, and (where  applicable) local law. Sexual harassment includes harassment on the basis of sex, sexual  orientation, gender identity and the status of being transgender.  Sexual harassment includes unwelcome conduct which is either of a sexual nature, or which is  directed at an individual because of that individual’s sex when:  ∙ Such conduct has the purpose or effect of unreasonably interfering with an individual’s work  performance or creating an intimidating, hostile or offensive work environment, even if the  complaining individual is not the intended target of the sexual harassment;  ∙ Such conduct is made either explicitly or implicitly a term or condition of employment; or ∙ Submission to or rejection of such conduct is used as the basis for employment decisions  affecting an individual’s employment.  A sexually harassing hostile work environment consists of words, signs, jokes, pranks, intimidation or  physical violence which are of a sexual nature, or which are directed at an individual because of that  individual’s sex. Sexual harassment also consists of any unwanted verbal or physical advances,  sexually explicit derogatory statements or sexually discriminatory remarks made by someone which  are offensive or objectionable to the recipient, which cause the recipient discomfort or humiliation,  which interfere with the recipient’s job performance. Adoption of this policy does not constitute a conclusive defense to charges of unlawful sexual harassment. Each claim of sexual  harassment will be determined in accordance with existing legal standards, with due consideration of the particular facts and circumstances of the claim, including but not limited to the existence of an effective anti-harassment policy and procedure.  Page 2 of 7  Sexual harassment also occurs when a person in authority tries to trade job benefits for sexual  favors. This can include hiring, promotion, continued employment or any other terms, conditions or  privileges of employment. This is also called “quid pro quo” harassment.  Any employee who feels harassed should complain so that any violation of this policy can be  corrected promptly. Any harassing conduct, even a single incident, can be addressed under this  policy.  Examples of sexual harassment  The following describes some of the types of acts that may be unlawful sexual harassment and that  are strictly prohibited:  ∙ Physical assaults of a sexual nature, such as: 

• Touching, pinching, patting, grabbing, brushing against another employee’s body or  poking another employees’ body; 
• Rape, sexual battery, molestation or attempts to commit these assaults. 

∙ Unwanted sexual advances or propositions, such as: 

• Requests for sexual favors accompanied by implied or overt threats concerning the  victim’s job performance evaluation, a promotion or other job benefits or detriments; • Subtle or obvious pressure for unwelcome sexual activities. 

∙ Sexually oriented gestures, noises, remarks, jokes or comments about a person’s sexuality or  sexual experience, which create a hostile work environment.  ∙ Sexual or discriminatory displays or publications anywhere in the workplace, such as: • Displaying pictures, posters, calendars, graffiti, objects, promotional material, reading  materials or other materials that are sexually demeaning or pornographic. This includes  such sexual displays on workplace computers or cell phones and sharing such displays  while in the workplace.  ∙ Hostile actions taken against an individual because of that individual’s sex, sexual orientation,  gender identity and the status of being transgender, such as: 

• Interfering with, destroying or damaging a person’s workstation, tools or equipment, or  otherwise interfering with the individual’s ability to perform the job; 
• Sabotaging an individual’s work; 
• Bullying, yelling, name-calling. 

Who can be a target of sexual harassment?  Sexual harassment can occur between any individuals, regardless of their sex or gender. New York  Law protects employees, paid or unpaid interns, and non-employees, including independent  contractors, and those employed by companies contracting to provide services in the workplace. A  perpetrator of sexual harassment can be a superior, a subordinate, a coworker or anyone in the  workplace including an independent contractor, contract worker, vendor, client, customer or visitor. Adoption of this policy does not constitute a conclusive defense to charges of unlawful sexual harassment. Each claim of sexual  harassment will be determined in accordance with existing legal standards, with due consideration of the particular facts and circumstances of the claim, including but not limited to the existence of an effective anti-harassment policy and procedure.  Page 3 of 7  Where can sexual harassment occur?  Unlawful sexual harassment is not limited to the physical workplace itself. It can occur while  employees are traveling for business or at employer sponsored events or parties. Calls, texts,  emails, and social media usage by employees can constitute unlawful workplace harassment, even if  they occur away from the workplace premises or not during work hours.  What is “Retaliation”?  Unlawful retaliation can be any action that would keep a worker from coming forward to make or  support a sexual harassment claim. Adverse action need not be job-related or occur in the workplace to constitute unlawful retaliation.  Such retaliation is unlawful under federal, state, and (where applicable) local law. The New York  State Human Rights Law protects any individual who has engaged in “protected activity.” Protected  activity occurs when a person has:  ∙ filed a complaint of sexual harassment, either internally or with any anti-discrimination agency;   ∙ testified or assisted in a proceeding involving sexual harassment under the Human Rights Law  or other anti-discrimination law;   ∙ opposed sexual harassment by making a verbal or informal complaint to management, or by  simply informing a supervisor or manager of harassment;   ∙ complained that another employee has been sexually harassed; or   ∙ encouraged a fellow employee to report harassment.   Reporting Sexual Harassment  Preventing sexual harassment is everyone’s responsibility. [Employer Name] cannot prevent or  remedy sexual harassment unless it knows about it. Any employee, paid or unpaid intern or non employee who has been subjected to behavior that may constitute sexual harassment is encouraged  to report such behavior to a supervisor, manager or [person or office designated]. Anyone who  witnesses or becomes aware of potential instances of sexual harassment should report such behavior  to a supervisor, manager or [person or office designated].   Reports of sexual harassment may be made verbally or in writing. A form for submission of a written  complaint is attached to this Policy, and all employees are encouraged to use this complaint form.  Employees who are reporting sexual harassment on behalf of other employees should use the  complaint form and note that it is on another employee’s behalf. Adoption of this policy does not constitute a conclusive defense to charges of unlawful sexual harassment. Each claim of sexual  harassment will be determined in accordance with existing legal standards, with due consideration of the particular facts and circumstances of the claim, including but not limited to the existence of an effective anti-harassment policy and procedure.  Page 4 of 7  Employees, paid or unpaid interns or non-employees who believe they have been a victim of sexual  harassment may also seek assistance in other available forums, as explained below in the section on  Legal Protections.  Supervisory Responsibilities  All supervisors and managers who receive a complaint or information about suspected sexual  harassment, observe what may be sexually harassing behavior or for any reason suspect that sexual  harassment is occurring, are required to report such suspected sexual harassment to [person or  office designated].   In addition to being subject to discipline if they engaged in sexually harassing conduct themselves,  supervisors and managers will be subject to discipline for failing to report suspected sexual  harassment or otherwise knowingly allowing sexual harassment to continue.   Supervisors and managers will also be subject to discipline for engaging in any retaliation.  Complaint And Investigation Of Sexual Harassment  All complaints or information about suspected sexual harassment will be investigated, whether that  information was reported in verbal or written form. Investigations will be conducted in a timely  manner, and will be confidential to the extent possible.  An investigation of any complaint, information or knowledge of suspected sexual harassment will be  prompt and thorough, and should be completed within 30 days. The investigation will be confidential  to the extent possible. All persons involved, including complainants, witnesses and alleged  perpetrators will be accorded due process to protect their rights to a fair and impartial investigation.   Any employee may be required to cooperate as needed in an investigation of suspected sexual  harassment. Employees who participate in any investigation will not be retaliated against.  Investigations will be done in accordance with the following steps:  ∙ Upon receipt of complaint, [person or office designated] will conduct an immediate review of  the allegations, and take any interim actions, as appropriate. If complaint is oral, encourage  the individual to complete the “Complaint Form” in writing. If he or she refuses, prepare a  Complaint Form based on the oral reporting.  ∙ If documents, emails or phone records are relevant to the allegations, take steps to obtain and  preserve them.   ∙ Request and review all relevant documents, including all electronic communications. ∙ Interview all parties involved, including any relevant witnesses; Adoption of this policy does not constitute a conclusive defense to charges of unlawful sexual harassment. Each claim of sexual  harassment will be determined in accordance with existing legal standards, with due consideration of the particular facts and circumstances of the claim, including but not limited to the existence of an effective anti-harassment policy and procedure.  Page 5 of 7  ∙ Create a written documentation of the investigation (such as a letter, memo or email), which  contains the following: 

• A list of all documents reviewed, along with a detailed summary of relevant documents; • A list of names of those interviewed, along with a detailed summary of their statements; • A timeline of events; 
• A summary of prior relevant incidents, reported or unreported; and 
• The final resolution of the complaint, together with any corrective actions action(s). ∙ Keep the written documentation and associated documents in the employer’s records. 

∙ Promptly notify the individual who complained and the individual(s) who responded of the final  determination and implement any corrective actions identified in the written document.  ∙ Inform the individual who complained of their right to file a complaint or charge externally as  outlined below.  Legal Protections And External Remedies  Sexual harassment is not only prohibited by [Employer Name] but is also prohibited by state, federal,  and, where applicable, local law.  Aside from the internal process at [Employer Name], employees may also choose to pursue legal  remedies with the following governmental entities at any time.  New York State Division of Human Rights (DHR)  The Human Rights Law (HRL), codified as N.Y. Executive Law, art. 15, § 290 et seq., applies to  employers in New York State with regard to sexual harassment, and protects employees, paid or  unpaid interns and non-employees regardless of immigration status. A complaint alleging violation of  the Human Rights Law may be filed either with DHR or in New York State Supreme Court.  Complaints with DHR may be filed any time within one year of the harassment. If an individual did not file at DHR, they can sue directly in state court under the HRL, within three years of the alleged  discrimination. An individual may not file with DHR if they have already filed a HRL complaint in state  court.  Complaining internally to [Employer Name] does not extend your time to file with DHR or in court.  The one year or three years is counted from date of the most recent incident of harassment.  You do not need an attorney to file a complaint with DHR, and there is no cost to file with DHR.  DHR will investigate your complaint and determine whether there is probable cause to believe that  discrimination has occurred. Probable cause cases are forwarded to a public hearing before an  administrative law judge. If discrimination is found after a hearing, DHR has the power to award relief,  which varies but may include requiring your employer to take action to stop the harassment, or  redress the damage caused, including paying monetary damages, attorney’s fees and civil fines. Adoption of this policy does not constitute a conclusive defense to charges of unlawful sexual harassment. Each claim of sexual  harassment will be determined in accordance with existing legal standards, with due consideration of the particular facts and circumstances of the claim, including but not limited to the existence of an effective anti-harassment policy and procedure.  Page 6 of 7  DHR’s main office contact information is: NYS Division of Human Rights, One Fordham Plaza,  Fourth Floor, Bronx, New York 10458, (718) 741-8400 [appropriate other contact info],  www.dhr.ny.gov  Contact DHR at (888) 392-3644 or visit dhr.ny.gov/complaint for more information about filing a  complaint. The website has a complaint form that can be downloaded, filled out, notarized and  mailed to DHR. The website also contains contact information for DHR’s regional offices across New  York State.   United States Equal Employment Opportunity Commission (EEOC)  The EEOC enforces federal anti-discrimination laws, including Title VII of the 1964 federal Civil Rights  Act (codified as 42 U.S.C. § 2000e et seq.). An individual can file a complaint with the EEOC anytime  within 300 days from the harassment. There is no cost to file a complaint with the EEOC. The EEOC  will investigate the complaint, and determine whether there is reasonable cause to believe that   discrimination has occurred, at which point the EEOC will issue a Right to Sue letter permitting the  individual to file a complaint in federal court.   The EEOC does not hold hearings or award relief, but may take other action including pursuing cases  in federal court on behalf of complaining parties. Federal courts may award remedies if discrimination  is found to have occurred.   If an employee believes that he/she has been discriminated against at work, he/she can file a  “Charge of Discrimination.” The EEOC has district, area, and field offices where complaints can be  filed. Contact the EEOC by calling 1-800-669-4000 (1-800-669-6820 (TTY)), visiting their website at  www.eeoc.gov or via email at info@eeoc.gov  If an individual filed an administrative complaint with DHR, DHR will file the complaint with the EEOC  to preserve the right to proceed in federal court.  Local Protections  Many localities enforce laws protecting individuals from sexual harassment and discrimination. An  individual should contact the county, city or town in which they live to find out if such a law exists. For  example, employees who work in New York City may file complaints of sexual harassment with the  New York City Commission on Human Rights. Contact their main office at Law Enforcement Bureau  of the NYC Commission on Human Rights, 40 Rector Street, 10th Floor, New York, New York; call 311 or (212) 306-7450; or visit www.nyc.gov/html/cchr/html/home/home.shtml  Contact the Local Police Department  If the harassment involves physical touching, coerced physical confinement or coerced sex acts, the  conduct may constitute a crime. Contact the local police department. Adoption of this policy does not constitute a conclusive defense to charges of unlawful sexual harassment. Each claim of sexual  harassment will be determined in accordance with existing legal standards, with due consideration of the particular facts and circumstances of the claim, including but not limited to the existence of an effective anti-harassment policy and procedure.