Sexual Harassment (Massachusetts Policy)

 I.      Introduction

 It is the goal of The Company to promote a workplace which is professional and which treats all employees with dignity and respect.  Sexual harassment by anyone whether occurring within or without the confines of the work site, during the workday or outside of normal work hours, while performing work-related functions, or social gatherings of co-workers, is unlawful and will not be tolerated by this organization.  Further, any retaliation against an individual who has complained about sexual harassment or retaliation  against individuals for cooperating with an investigation of sexual harassment complaint is similarly unlawful and will not be tolerated. 

Because The Company  takes allegations of sexual harassment seriously, we will respond promptly to complaints of sexual harassment and where it is demonstrated to our satisfaction that such harassment occurred, we will act promptly to eliminate the harassment and impose such corrective action as is necessary, including disciplinary action where appropriate. 

II.     Definition of Sexual Harassment

       In Massachusetts, the legal definition for sexual harassment is this:

“sexual harassment” means sexual advances, requests for sexual  favors, and verbal or physical conduct of sexual nature when:

                  (a) submission to or rejection of such advances, requests or conduct is  made either explicitly or implicitly a term or condition of employment which or as a basis for employment decisions;

                   (b) such advances, requests or conduct have the purpose or effect of unreasonably interfering with an individual’s work performance by creating an intimidating, hostile, humiliating, or sexually offensive work environment.

 These definitions are broad and include any sexually oriented conduct, whether it is intended or not, that is unwelcome and has the effect of creating a work place environment that is hostile, offensive, intimidating, or humiliating to male or female workers.  While it is not possible to list all those circumstances which constitute sexual harassment, the following are some examples:

            ·    Unwelcome sexual advances - whether they involve physical touching or not;

           ·     Requests for sexual favors in exchange for actual or promised job benefits such as favorable reviews, salary increases, promotions, increased benefits, or continued employment;

           ·     Unwelcome sexual jokes

           ·     Use of sexual epithets, written or oral references to sexual conduct, gossip regarding one’s sex life, comment on an individual’s body, comment about an individuals sexual activity, deficiencies, or prowess;

            ·     Displaying  sexually suggestive objects, pictures, cartoons;

            ·     Unwelcome leering, whistling, brushing against the body, sexual gestures, suggestive or insulting comments;

            ·     Inquiries into one’s sexual experiences;

            ·     Discussion of one’s sexual activities; and,

            ·      Assault or coerced sexual acts.

All employees should take special note that, as stated above, retaliation against an individual who has complained about sexual harassment, and retaliation against individuals for cooperating with an investigation of a sexual harassment complaint is unlawful and will not be tolerated by this organization.

 III.    Complaints of Sexual Harassment

 If any of our employees believes that they have been subjected to sexual harassment, it is our policy to provide the employee with the right to file a complaint with our organization.  This may be done written or orally.

 If you would like to file a complaint, you may do so by contacting

            Company Representative

            Company address and phone number

or

            Alternate Company Representative

            (Same address and phone number as above)

 These people are also available to discuss any concerns you may have and to provide information to you about our policy on sexual harassment and our complaint process.

 IV.     Sexual Harassment Investigation

 When we receive the complaint we will promptly investigate the allegation in a fair and expeditious manner.  The investigation will be conducted in such a way as to maintain confidentiality to the extent practicable under the circumstances.  Our investigation will include a private interview with the person filing the complaint and with witnesses.  We will also interview the person alleged to have committed sexual harassment.  When we have completed our investigation, we will, to the extent appropriate inform the person filing the complaint and the person alleged to have committed the conduct of the results of that investigation.

 If it is determined that inappropriate conduct has occurred, we will act promptly to eliminate the offending conduct, and where appropriate we will also impose disciplinary action.

 V.     Disciplinary Action

 If sexual harassment has been committed by one of our employees, we will take such action as is appropriate under the circumstances.  Such actions may include:  counseling, informal or formal reprimands, written for verbal warnings, suspension, reduction in pay, reduction in duties, transfers and other formal sanctions including termination from employment.

 VI.     State and Federal Remedies

 In addition to the above, if you believe you have been subjected to sexual harassment, you may file a formal complaint with either or both of the government agencies set forth below.  Using our complaint process does not prohibit you from filing a complaint with these agencies.  Each of the agencies has a short time period for filing a claim (EEOC - 180 days; MCAD - 6 months).

1.   The United States Equal Employment Opportunity Commission

       One Congress Street

       10th Floor, Room 1001

       Boston, MA  02114

       (617) 565-3200

2.   The Massachusetts Commission Against Discrimination                  

                        Boston Office:

                        One Ashburton Place- Rm 601

                        Boston, MA  02108

                        (617) 727-3990

                         Springfield Office:

                         436 Dwight Street

                         Springfield, MA  01103

                         (413) 739-2145  

Harassment Laws have been expanded beyond sexual harassment.  Employers cannot allow any form of workplace harassment against individuals based on age, sex, handicap / disability, race / ethnic origin, religion or sexual orientation.

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Complaint Resolution Procedure

 MEDIATION

          Any employee who has an issue which they feel is effecting their job performance is encouraged to work with their team members to resolve the issue.  If this is not successful, mediation is available. 

           Mediation is a process in which two or more disputing parties meet with a neutral party (the mediator) who guides parties toward resolution, but is careful to allow the parties to come to their own solution.  Employees who are available to serve as mediators should be named.

           Mediations are confidential.  Any concern or complaint may be raised without fear of reprisal.  Mediation is not a chance for one party to be declared “guilty” or “innocent”.  The mediator does not serve as judge.  The mediator tries to make sure that the mediation yields constructive conversation, acts as “devil’s advocate” for possible solutions, and impartially assists parties in clarifying misunderstandings.

ISSUE / DISPUTE RESOLUTION

          Any employee who has an issue which they feel is effecting their job performance is encouraged to work with their team members to resolve the issue or pursue mediation.  The employee should bring any unresolved issues to their supervisor.  If the issue cannot be resolved in this manner, the employee is eligible to request a hearing on the issue with the supervisor and a member of management (Arbitration Committee).  The employee is asked to submit a written (or e-mail) request to the supervisor for an Arbitration meeting. 

          The Arbitration Committee will meet with the employee(s) to hear the issue.  As issues are raised, they will be addressed on an ongoing basis as time permits.  The Arbitration Committee will have a maximum of 7 days to present its decision to the employee and / or implement a Plan of Action.  Decisions or Plans of Action will be final and binding. 

          This process is an informal, internal procedure.  No one is permitted to advocate for an employee.  The final determination by the Arbitration Committee is binding.  

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 Rules of Conduct 

Your actions need to be in harmony with our Mission Statement and support the right of others to exercise the same.  We ask that you respect the needs of the organization and the people of our community.  Employees are expected to behave in a professional manner consistent with the Company’s business environment.

 WORK RULES:  PROGRESSIVE DISCIPLINE POLICY

           As an integral member of The Company team, you are expected to accept certain responsibilities, adhere to acceptable business principles in matters of personal conduct, and to exhibit a high degree of personal integrity at all times.  This not only involves sincere respect for the rights and feelings of others but also demands that you refrain from any behavior that may be harmful to you, your co-workers and the Company, or that may be viewed unfavorably by current or potential customers or by the public at large. 

If your performance, work habits, overall attitude, conduct or demeanor becomes unsatisfactory in the judgment of the Company, you will be subject to any or all of the following disciplinary actions:  Verbal Warning, Written Warning, Suspension Without Pay and Termination.  While the Company reserves the right to skip any step if the Company determines in its sole discretion that more serious discipline and/or termination is warranted. 

          The following kinds of misconduct are not permitted and will result in disciplinary action up to and including dismissal.  This list is illustrative only and is not intended as a complete list. 

1.                Careless or inefficient performance of duties.

2.                Insubordination: Refusal to perform assigned work.

3.                Neglect of work or interference with the work of others.

4.                Excessive absenteeism or tardiness.

5.                Leaving the premises during working hours without proper permission.

6.                Failure to observe safety rules and procedures.

7.                Failure to properly report any injury of accident.

8.                Failure to keep premises clean.

9.                Deliberate or careless damage to Company property.

10.           Removal or unauthorized use of any Company property.

11.           Loitering during working hours.

12.           Fighting, horseplay, or other forms of disorderly conduct on Company property.

13.           Theft from a fellow employee, the Company or a client.

14.           Sleeping or malingering on the job.

15.           Profane or abusive language which can insult or intimidate clients, guests, fellow employees, or supervisors.

16.           Dishonesty or any deliberate falsification of any Company records.

17.           Possession on Company property of any firearm or anything that is potentially harmful.

18.           Absence from work due to other employment.

19.           Incompatibility or inability to work in harmony with fellow workers.

20.           Failure to maintain a sanitary and neat appearance.

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Conflict of Interest

The purpose of the Conflicts of Interest policy is to ensure that the deliberations and decisions of The Company are made in the interests of the company as a whole, and to protect the interests of The Company when it is contemplating entering into a transaction, contract, or arrangement that might benefit the private interest of a Director, Officer, or Employee.  A Director, Officer or Employee may not use his or her position with respect to The Company, or confidential corporate information obtained by him or her relating to The Company, in order to achieve a financial benefit for himself or herself or relatives or friends.

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 At- Will 

The Personnel Handbook is intended to provide you with general guidelines of employment at The Company Name.  These guidelines do not create an employment contract between you and The Company.  Employment at Company Name is AT-WILL.  That means that these guidelines do not provide you with a specified term of employment, and either you or The Company may terminate the employment relationship at any time, for any reason, without notice.  No employee or representative of The Company has the authority to change your at-will employment status or enter into a contract of employment with you on behalf of The Company.  Further, The Company expressly reserves its right to unilaterally modify, eliminate or add to the policies and practices in this handbook at any time, for any reason.

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EEOC

It is the policy of our Company to grant equal employment opportunity to all qualified persons without regard to race, age, color, religion, sex, national origin, ancestry, protected sexual orientation or handicap.  The policy not to discriminate includes, but is not limited to help wanted advertising, recruiting, hiring, placement, promotion, upgrading, transfers, rates of pay and termination. 

Discrimination or harassment of any employee by another employee will not be tolerated.  

It should also be noted that the Company will not lower its standards in any way for employment or promotion.  The most qualified individuals will be hired regardless of their race, age, color, religion, sex, ancestry, national origin, protected sexual orientation or handicap.  

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Solicitation

 Solicitations are not permitted by the employees for any purpose during working time.  An employee may not engage in solicitation of other employees while they are working. 

          Distribution of literature is not permitted for any purpose during working time or at any time in working areas of the Company. 

          Non-employees may not solicit for any purpose or engage in distribution of literature in the Company’s buildings or work areas at any time. 

          Off-duty employees may not engage in solicitation or distribution of literature in the Company’s buildings or work area at any time. 

          Loitering in the buildings and work areas before or after working hours is not permitted.

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