Human Resource Sexual Haressment Policy

XYZ Company Sexual Harassment Policy

The XYZ Company prohibits unlawful discrimination, including harassment, on the basis of race, color, religion, sex, national origin, age, disability, veteran's status, sexual orientation, or gender identity. Sexual harassment is a form of sex discrimination that is specifically prohibited by the XYZ company policy. The XYZ Company harassment policy will strictly be based on the provisions of Title VII of the Civil Rights Act of 1964 and any other applicable laws that prohibit discrimination because of sex.

The XYZ Company is committed to creating and maintaining an environment free of sexual harassment. Every member of the company should be aware that the company will not tolerate sexual harassment and that both law and company policy prohibit such behavior. This policy will protect all employees, contractors, agents, and customers and any other entity associated with the company. The company will take prompt and appropriate action to prevent, correct, and if necessary, discipline behavior that violates this policy. All company employees are responsible for adhering to and participating in the creation of a company environment free from sexual harassment.

Sexual harassment is "harassment on the basis of sex that has the purpose or effect of substantially interfering with a person's work performance or creating an intimidating, hostile, or offensive work environment." (Dessler, G, pg. 33) The Equal Employment Opportunity Commission (EEOC) is "the commission, created by Title VII, is empowered to investigate job discrimination complaints and sue on behalf of complainants." (pg. 31) The EEOC's Guidelines define two types of sexual harassment: "quid pro quo" and "hostile environment." The Guidelines provide that "unwelcome" sexual conduct constitutes sexual harassment when "submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment." "Quid pro quo harassment" occurs when "submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual." The Supreme Court ruled that both of these types of harassments are actionable under the Civil Rights Act of 1964 and established them as forms of sex discrimination. (EEOC)

Harassment can be verbal, physical or visual behavior where the purpose or effect is to create an offensive, hostile or intimidating environment. Sexual harassment, in particular, can include sexual advances, requests for sexual favors, unwanted physical contact or repeated and unwelcome sexual suggestions. Other prohibited conduct includes: offensive racial, ethnic, religious, age-related, or sexual jokes or insults; distributing or displaying offensive pictures or cartoons; and using voicemail, e-mail or other electronic devices to transmit derogatory or discriminatory information. This kind of behavior has no place in the XYZ Company.

Harassing behavior, if ignored or not reported, is likely to continue and become worse rather than go away. Any person who believes that he or she is a victim of sexual harassment should make it clear to the person harassing them that their behavior is inappropriate and unwelcome and that it must stop or you will complain. If the harassment does not stop the offensive behavior, report the person to your supervisor. It is important when filing any kind of complaint to be sure to follow the appropriate change of command i.e. supervisor, manager, and plant manager.

If sexual harassment persists after reporting it to your supervisor, or if it is not dealt with to your satisfaction, employees may seek relief by contacting one of the XYZ Company's Human Resource Staff at (434) 222-1212 or 1-800-333-1313. All complaints will be addressed immediately and handled with the strictest of confidence.

At the XYZ Company, it is our company policy that all managers report any and all sexual harassment policies to the human resource department immediately for a full investigation. Since employees are not necessarily comfortable coming forward with such serious allegations and the fact that the employee may chose to approach management, usually indicates a level of trust. The first rule of thumb is NOT to send the employee away. If you do this, the opportunity to find out if something inappropriate is happening may be lost. This will not help the employee, you, or the company. The best practice is to have the first conversation with the employee which will enable you to get all of the necessary information documented for the HR department.

Here are some guidelines adopted by the company for handling a sexual harassment complaint:

* Make time immediately to talk to the employee in a private space where you cannot be overheard. If you put off the conversation, the employee may not want to talk later and you may have signaled inadvertently that you do not care about what he or she has to say.

* Thank the employee for coming to you and invite the employee to talk.

* Let the employee engage in a narrative and do not interrupt.

* Do not ask judgmental questions or try to offer an explanation for the conduct the employee is complaining about.

* Write down everything the employee says as he or she is saying it. If taking notes during the conversation is making the employee uncomfortable, try to explain that you want to make sure you get everything down. If that doesn't work, take notes the minute the employee leaves.

* Your notes should reflect exactly what the employee said and exactly what you said.

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