ABC will provide a working environment free from sexual harassment.
to federal and state legal mandates, this policy intends to achieve the
all employees know what conduct is prohibited.
all victims and potential victims of sexual harassment are aware of their
all employees about the procedures available for resolving sexual harassment
person charged with sexual harassment.
acts demanded of a person in exchange for maintaining or enhancing employment.
person or group who believes she/he/they has/have been a victim of sexual
individual who gives advice, suggestions, guidance, and acts as a resource for employees
on issues of sexual harassment and harassment based on race, gender, religion,
ethnic origin, disability, sexual orientation or age.
sexual behavior towards another employee or group of employees is persistent
and pervasive and has the intent or effect of interfering with the work
environment such that a reasonable person would find the environment hostile or
inquiry into allegations of sexual harassment.
between conflicting parties to promote reconciliation, settlement, or
sexual advances, requests for sexual favors, or other verbal or physical conduct
of a sexual nature constitute where submission to such conduct is (either
explicitly or implicitly):
term or condition of employment.
submission or rejection of such conduct is used as the basis for an employment
decision affecting that person.
conduct has the purpose or effect of unreasonably interfering with an
employee’s work performance.
an intimidating, hostile, or offensive working environment.
revenge, reprisal or injury to another who has exercised the right to file a
complaint or make a report of sexual harassment.
disciplinary action imposed on an individual found to have committed sexual
person employed by ABC.
ABC will provide a working environment for all employees that is free from
sexual harassment.Sexual harassment in
any form is unacceptable behavior and will not be tolerated. These procedures
are designed to:
all employees of what conduct is prohibited.
that all victims and potential victims of sexual harassment are aware of their
constitutes sexual harassment will vary according to the particular
sexual favors or relationships in return for the promise of a favorable
an employment-related action (such as hiring, promotion, salary increase, or
performance appraisal) on a sexual favor or relationship.
and undesired physical contact, sexually explicit language or writing, pictures
or notes, and sexually offensive conduct by individuals in positions of
authority or co-workers who interfere with the ability of a person to perform
his or her employment.
instances, e.g., a sexual overture, comment, or joke, ordinarily will not
constitute sexual harassment unless the circumstances are egregious. Sexual
behavior that is welcomed does NOT constitute harassment.
action for sexual harassment may include any and all of the following:
to attend sensitivity training.
restrictions that limit or prevent contact with the offender and complainant.
Health and Safety provides educational and training programs to:
employees understand what does and does not constitute sexual harassment.
clear that sexual harassment is illegal and will not be tolerated.
Health and Safety will distribute copies of this policy to all departments,
present at workshops and seminars and publish a report summarizing the number, type, and
outcome of sexual harassment complaints.Note: The reports will not disclose the identities of and/or charged
is the responsibility of supervisors, managers and vice presidents to:
their employees of the sexual harassment procedures.
Occupational Health and Safety when they receive sexual harassment complaints.
any corrective actions imposed under the terms of this policy.
employee who believes she/he has been sexually harassed should report such
harassment to Occupational Health and Safety.
Health and Safety
is responsible for processing discrimination complaints.OH&S will attempt to resolve complaints
through informal, impartial and confidential intervention or mediation.Failing that, OH&S will undertake a
formal, impartial and confidential investigation and hearing.
will only be investigated when the complainant makes a request.In extraordinary circumstances, OH&S can
investigate serious allegations brought to its attention by an individual or
group who is not the complaining individual or party.
also serves to provide advice and guidance to individuals who believe that they
have been sexually harassed.OH&S
offers a number of services, including, but not limited to:
the definition of sexual harassment.
guidance on the appropriate recourse (i.e. immediate action, mediation or
formal complaint investigation).
information about counseling and support services available to employees.
will conduct most investigations and maintain formal, detailed and confidential
records of confidential consultations.
who feel they have been sexually harassed should immediate action.Please refer to Appendix A for steps that can
be taken to stop harassment.Employees
are NOT required to take Immediate Action before pursuing one of the other
complaint procedure begins when a complaint is made to OH&S.The complaint must detail in writing the act,
identify the person/persons responsible, and the date on which the alleged
act/acts occurred.The complainant may
be a single person or group.
individuals involved in the complaint must maintain confidentiality of all
will reiterate the importance of confidentiality in meetings with parties and
witnesses and all involved parties are expected not to reveal any information
they learn during the proceedings.ABC
will take all measures to ensure the confidentiality of all aspects of the
measures, ABC does not guarantee that parties will maintain
not mean that details of the complaint will be withheld from the charged party.
reporting of a complaint is best as it increases the chance of a rapid response
to and resolution.Complaints must be
filed with OH&S within from the date of the alleged harassment.
vs. External Complaint
complainant may have the complaint mediated or investigated internally in
accordance with this policy or may file a formal charge of discrimination
externally with a federal or state agency authorized by law to investigate such
complainant is free at ANY time to file a charge or institute formal
proceedings with a federal or state agency.If a formal charge is filed with a federal or state agency or a lawsuit
is filed, OH&S will proceed in the manner deemed appropriate.OH&S will accept any change to ABC's role
that may arise from an external mediation/investigation.
and state law and ABC policy prohibit any form of retaliation against a person
who files a sexual harassment complaint.OH&S will state clearly to the charged party that any form of retaliation
against the complainant is prohibited and will result in disciplinary actions,
up to an including termination.
protection also applies to witnesses in discrimination investigations.
from Bad Faith Complaints
an investigation by OH&S reveals that the complaint is malicious, or
knowingly false, or frivolous, charges will be dismissed and the investigation
individual falsely accused of such harassment may resort to any applicable
disciplinary or complaint procedure.
primary purpose of mediation is to have the parties resolve the dispute on
their own, in a timely and confidential manner.
complainant who files a written complaint can choose either mediation or
investigation.Mediation requires both
the complainant and the charged party to agree to this course of action.In addition, either party may decide at any
stage during mediation process to proceed by investigation.Although not required to do so, OH&S
recommends that the complainant initially attempt before investigation.
must be completed within working days of the election to mediate.
filing a written complaint, the complainant will be asked to decide upon
mediation or investigation.If mediation
is chosen, OH&S will interview the complainant to collect information and
determine the terms upon which the complaint may be conciliated.Within working day of initial interview, OH&S
will notify the charged party that he or she has been named in a complaint.
as outlined below, no person other than the complainant and the charged party
will be contacted by OH&S during mediation. Both parties will be reminded
by OH&S to abide by the confidentiality rules.
mediation is successful, OH&S will draft an agreement describing the
agreed-upon terms.Both parties will
read and sign the agreement.That
agreement will state that the dispute is fully and finally resolved, subject to
the parties' compliance with any stipulations.
a party fails to comply with the conditions of the agreement, the other party
may request intervention by OH&S.OH&S will contact the party's supervisor to assist with enforcement,
or conduct an investigation.
will not retain any written record the mediation except the formal, written
complaint and the mediation agreement.Mediation agreements may be used as evidence in any subsequent
investigations and hearings relating to charges of sexual harassment.OH&S will inform the charged party of
this fact before the charged party signs the mediation agreement.
either party is dissatisfied with mediation, or if either party elects to
proceed directly to investigation, OH&S will undertake that process.Key aspects of investigation include:
investigation may involve witnesses and the charged party's supervisor.
written record of the written statements of the complainant, charged party, and
any witnesses will be created and made available to the complainant and the
record may be used as documentation for the investigation report and for any
corrective actions recommended to the appropriate supervisor.
and mediation are distinct from each other.The same person may be the mediator and investigator in the same case.ONLY the mediation agreement may be used in
the investigation process.
purpose of investigation is to attain evidence regarding the alleged sexual
harassment in order to determine whether or not the charged party engaged in
conduct constituting sexual harassment.Adversarial hearings (confrontation and cross-examination) are not
applicable during investigation.
complainant and charged parties can retain the services of attorneys and
advisors (including harassment advisors) throughout the investigative
process.These representatives may
attend their own clients' or interview(s), but may not respond to questions on
their behalf or pose questions to them.
refer to Appendix B, "The Investigation Process: Features and Steps"
for more detailed information regarding the step taken during an investigation.
will complete its investigation within working days.
investigation will adhere to the process prescribed in Appendix B.
will produce a report of the investigation, including its findings and the
formulation of any specific charge or charges. A copy of the investigation
report will be provided to all parties.
will maintain all records of written complaints according to the following
of investigations where no probable cause is found will be confidentially
maintained for a period not exceeding ,
or until the conclusion of any external investigation or legal action,
whichever is later.
of complaints where that resulted in a cause determination will be maintained
to such records is strictly limited to those directly investigating or
adjudicating a complaint or implementing a complaint resolution, unless otherwise
compelled by law.
of decisions by complainants not to pursue complaints that they have filed will
be confidentially maintained for a period not exceeding , or until the conclusion
of any external investigation or legal action, whichever is later.These records cannot be used for the
mediation, investigation, or adjudication of future sexual harassment cases.
investigator will prepare a written report at the end of an investigation. The
report will detail the scope of the investigation and will determine the merits
of the sexual harassment allegations.
will forward the report to the appropriate supervisor.The supervisor may also have access to the
entire record on which the report is based.
In cases where a supervisor is the charged party, the report will be provided
to the CEO.
Roles and Responsibilities
supervisor (or CEO, if appropriate) can either accept or modify the findings
and recommendations (see restrictions in "Cause"
Finding-Uncontested,") or return the report for further investigation.
supervisor will first forward copies of the report to the complainant and the
charged party and give both parties the chance to submit written comments
the investigation concludes that sexual harassment did not occur, the process
is concluded and the complainant will be informed of his or her rights to
pursue external complaint procedures.The report will also include an attempt to restore the reputation of the
the investigation concludes that sexual harassment did occur, the report will
recommend the appropriate sanctions and corrective actions. In addition the
report may recommend non-punitive measures that ensure the complainant is not
subjected to sexual harassment and remedy the effects of sexual harassment that
may have already occurred.
will provide a copy of the report to all parties involved.
the employee accepts the reports findings, OH&S will send the report to the
supervisor who will implement the recommended sanctions within working days upon receipt of the report.
the charged party contests a "cause" finding and the recommendations,
he or she may ask their supervisor to review the report. The supervisor will
conduct a review and may modify the recommended sanctions as a result of this
Grievance Procedure will govern the appeal of any disciplinary
Managers and Vice Presidents
managers and Vice Presidents are required to inform their employees of these
procedures, notify OH&S when they receive sexual harassment reports or
complaints, review, accept, or modify sexual harassment reports or complaints,
and implement any corrective actions due to findings of sexual harassment.
investigators will collaborate with OH&S when conducting an investigation
and preparing their report of sexual harassment complaints.
will provide advice, suggestions, guidance and act as a resource for employee
on harassment issues.OH&S will
provide education and training programs to employees, make it clear to all employees
that sexual harassment is illegal under federal and state law and will not be
tolerated, and will define what does and does not constitute sexual
harassment.OH&S will distribute
copies of this policy to all departments and distribute semi-annual reports
that summarize the number, type, source, and outcome of sexual harassment
complaints.OH&S will conduct
mediations between complainants and charged parties and investigate sexual
To Stop Sexual Harassment
"NO" to the harasser.Do not
simply ignore the situation.
something like: "I want to keep our working relationship relationship
you know others with similar experiences, approach the offender together.
a letter to the harasser describing the offensive behavior, why you object to
it and clearly indicate that you want it stop. Keep a copy.
a record of what happened and include the date, time, place, and the names of
the people involved, including witnesses.
B – The Investigation Process
is distinct from mediation.The same
individual cannot be a mediator and investigator for the same case.All investigations will be conducted as follows:
the alleged harasser (charged party).
all facts by interviewing the complainant and the charged party.
how the complainant responded to the alleged harassment to determine if an
informal resolution was attempted.
the charged party of the charges and remind the charged party of ABC's policy
the frequency and the type of alleged harassment and the dates when the alleged
the nature of the professional relationship and the degree of control.
the charged party to explain the alleged behavior, interview any witnesses
provided by the charged party, review any evidence presented by the charged
party, and examine and evaluate the rebuttals made by the charged party.
whether the complainant informed other parties or supervisors.Record all the responses the complainant
received from these parties.
any witnesses who observed or were told about the alleged harassment.
all parties and witnesses of ABC’s confidentiality requirements.
departmental personnel files, previously resolved mediation agreements,
previous findings for the charge of sexual harassment against the charged party
and all other relevant files and records.
B – Romantic or Sexual Relationships Between Employees and Supervisors
or sexual relationships between employees and supervisors compromise the
professional working relationship between employees and supervisors.No supervisor of ABC shall be romantically or
sexually involved with an employee whom he or she supervises in any way.Individuals in positions of such authority
will not develop, foster or promote such relationships.