7.2 SEXUAL AND OTHER UNLAWFUL HARASSMENT
AmSpec is committed to providing a work environment that is free from all forms of discrimination and conduct that can be considered harassing, coercive, or disruptive, including sexual harassment. Actions, words, jokes, or comments based on an individual’s sex, race, color, national origin, age, religion, disability, or any other legally protected characteristic will not be tolerated.
Sexual harassment is defined as unwanted sexual advances, or visual, verbal, or physical conduct of a sexual nature. This definition includes many forms of offensive behavior and includes all gender-based harassment. The following is a partial list of sexual harassment examples:
- Unwanted sexual advances.
- Offering employment benefits in exchange for sexual favors.
- Making or threatening reprisals after a negative response to sexual advances.
- Visual conduct that includes leering, making sexual gestures, or displaying of sexually suggestive objects or pictures, cartoons or posters.
- Verbal conduct that includes making or using derogatory comments, epithets, slurs, or jokes.
- Verbal sexual advances or propositions.
- Verbal abuse of a sexual nature, graphic verbal commentaries about an individual’s body, sexually degrading words, or suggestive or obscene letters or invitations.
- Physical conduct that includes touching, assaulting, or impeding or blocking movements.
- Unwelcome sexual advances (either verbal or physical), requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:
- Submission to such conduct is made either explicitly or implicitly a term or condition of employment;
- Submission or rejection of the conduct is used as a basis for making employment decisions; or,
- The conduct has the purpose or effect of interfering with work performance or creating an intimidating, hostile, or offensive work environment.
7.2.1 OTHER PROHIBITED HARASSMENT
In addition to prohibiting sexual harassment, the Company prohibits the harassment of an individual based on his or her race, color, religion, national origin, age, pregnancy, veteran’s status, disability or membership in another group protected by federal, state, or local law. In this regard, harassment is defined as verbal or physical conduct – including but not limited to slurs, remarks, epithets, jokes, or intimidating or hostile acts – based on an employee’s membership in a protected class, when such conduct has the purpose or effect of:
- Substantially interfering with an individual’s work performance, or creating an intimidating, hostile, or offensive working environment;
- Otherwise adversely affecting an individual’s employment opportunities; or
- Unreasonably interfering with an individual’s work performance
7.2.2 APPLICABILITY OF POLICY
The prohibition against unlawful harassment applies to all employees (managers, supervisors, exempt, non-exempt, and temporary employees, etc.) as well as contractors, customers, suppliers and guests. Similarly, all Company employees have a responsibility to keep the workplace free of unlawful harassments, including reporting unlawful harassment to a Manager when you witness it.
7.2.3 COMPLAINT PROCEDURE
If you experience, witness, or are made aware of sexual or other unlawful harassment in the workplace, it is your responsibility to report it immediately. You can report the incident to your Manager and/or your Manager’s supervisor. You also have the option to report the incident directly to Human Resources’ Vice President or Manager. The Company will not retaliate against anyone for reporting or complaining about unlawful harassment or discrimination in good faith, or for participating in an investigation of alleged harassment, nor will it tolerate retaliation by supervisors, managers, co-workers, or anyone else.
All allegations of harassment or discrimination will be quickly and discreetly investigated. To the extent possible, your confidentiality and that of any witnesses and the alleged harasser will be protected against unnecessary disclosure. The investigation will include interviews with the person filing the complaint, the person(s) alleged to have committed the harassment or discrimination, and any pertinent witnesses to the conduct in question. When the investigation is completed, you will be informed of the outcome of the investigation.
If it is determined that inappropriate conduct has occurred, the Company will act promptly to eliminate the offending conduct. If it is determined that inappropriate conduct has been committed by an employee, the Company will take disciplinary action as appropriate under the circumstances. Such action may range from counseling to termination of employment, and may include such other forms of disciplinary action as the Company deems appropriate to prevent future harassment or discrimination from occurring. Actions such as suspension with or without pay, or isolating the accused from the accuser at work may be taken during the pendency of an investigation depending on the severity of the accusation.