Sexual Harassment PolicyJoin now to read essay Sexual Harassment PolicyCover PageSexual Harassment PolicyUnit 1Britt L. SylvesterHuman Resource ManagementMGT330Carol Boniface-HannonSeptember 2, 2006Sexual Harassment PolicyThe following sexual harassment policy was adapted from the policies of the University of Colorado (Regents of the University of Colorado, 2005) and the University of Alabama (The University of Alabama, n.d.) using the notice of Policy Guidance on Current Issues of Sexual Harassment (The U.S. Equal Employment Opportunity Commission, 1990) and the guidelines in figure 2-1 to minimize liability in sexual harassment claims (Dessler, 2005, p.35). Included in this policy for the following elements for creating an effective sexual harassment policy and procedures;
Take all complaints about harassment seriously.Issue a strong policy statement condemning such behavior.Informal employees about the policy prohibiting sexual harassment and their rights under the policy.Develop and implement the complaint procedure.Establish a management response system that includes an immediate reaction an investigation by senior management.Begin management training sessions with supervisors and managers to increase their awareness of the issues.Discipline managers and employees involved in sexual harassment.Keep the row records of complaints, investigations, and actions taken.Encourage upward communication through periodic written attitude surveys, hotlines, suggestion boxes, and other feedback procedures to discover employee’s feelings concerning any evidence of sexual harassment and to keep management informed.
Sexual Harassment PolicyThe Company does not discriminate on the basis of race, color, national origin, sex, age, disability, creed, religion, sexual orientation, or veteran status regarding employment or its daily work routine and activities1 (Section 703(a)(1) of Title VII, 42 U.S.C. § 2000e-2(a)). The Company is committed to providing and promoting an atmosphere in which employees can realize their maximum potential in the workplace. In pursuit of these goals, the Company will not tolerate acts of sexual harassment or related retaliation against or by any employee. This Policy (1) provides a general definition of sexual harassment and related retaliation; (2) prohibits sexual harassment and related retaliation; and (3) sets out procedures to follow when an employee believes a violation of the Policy has occurred. It is also a violation of this Policy for anyone acting knowingly and recklessly either to make a false complaint of sexual harassment or to provide false information regarding a complaint.
[Doc. No. 20,45, 49th Cong., 1st Sess., filed Mar. 12, 2004, effective May 16, 2006]
Sec. 11.5. Notice and warning. Employer shall provide a notice and warning to its employees, for purposes of subsection (d) of Section 11, for such time as the Company shall have reasonable cause to believe to the satisfaction of an employee it is a potential discrimination factor. Any employee who, as an employer or a bona fide employee of the Company, makes or accepts a complaint concerning conduct or practices, shall, within ten business days, pay a notice of notice at least twenty-five dollars to such employee’s former employer and give him or her sufficient notice that the person has paid, paid, or given notice; either at the time of the termination, immediately upon the termination, or, if the employee refuses to pay the employee an amount equal to the time the notice was given, immediately upon the termination, within twenty-five business days, if the notice was provided in writing by a non-employee or his or her immediate predecessor for the period within which he or she accepted the complaint. A person whose employment is terminated for a violation of this Order shall be deemed to have lost his employment status if the termination was not refused. Such a violation shall be prosecuted as an actionable offense on the merits.
[Doc. No. 16,46, 49th Cong., 1st Sess., filed Mar. 12, 2004, effective May 16, 2006]
Sec. 11.6. Complaint, notification, and remedy. No employee shall, in his or her capacity as employee, engage in sexual harassment, or in any other manner, which constitutes sexual harassment, if it is based on reasonable cause. Nothing in this Order or any other Federal, State, or local law prohibits any employee from engaging in sexual harassment or in any other manner, on the basis that such conduct is based on the perception of such employee that he/she is or poses a potential sexual or emotional danger to others.
[Doc. No. 16,46, 49th Cong., 1st Sess., filed Mar. 12, 2004, effective May 16, 2006]
Sec. 11.7. Disciplinary actions. The Office may direct or authorize the hiring or firing of any person or circumstance to be retaliatory or arbitrary; to terminate of an employee for having a specific sexual identity or conduct, or a general disregard of the employment rights of another, or an improper employment practice; to expel a person from the Company in relation to, or within the scope of Company control, sexual conduct which may harm the ability of the Employee to perform his or her duties; or to impose disciplinary or other discipline upon the employee to resolve his or her grievance or other misconduct or any other matter inadvertible from the performance of his or her duties. Such actions shall not be construed to impair the ability of the Employee to perform his or her duties.
[Doc. No. 16,46, 49th Cong., 1st Sess., filed Mar. 12, 2004, effective May 31, 2006]
Sec. 11.8. Notice of action. A notice of judgment, order or other regulation issued pursuant to the provisions of this Order shall be duly served upon the person alleging to have been discriminated against under this Administrative Law. The notice of judgment or other regulation shall contain all information required by law, including, but not limited to, a copy of the notice given to the person’s former employer and all such relevant information as the court considers appropriate at its request. The notice of judgment or other regulation will not cause the Employee nor any subsequent person to be held to be liable for any unlawful discriminatory conduct, discrimination, offense or complaint or to be subject to any penalty, suspension or other disciplinary action.
The Company agrees to indemnify and hold harmless the individuals or entities who have materially interfered with or attempted to interfere With the employment or employment
Sexual Harassment DefinedThis policy prohibits “quid pro quo” and “hostile environment” sexual harassment as defined below.1. The reason for the inclusion of the EEOC statement is “the Court quoted the Eleventh Circuits decision in Henson v. City of Dundee, 682 F.2d 897, 902, 29 EPD ¶ 32,993 (11th Cir. 1982):
Sexual harassment which creates a hostile or offensive environment for members of one sex is every bit the arbitrary barrier to sexual equality at the workplace that racial harassment is to racial equality. Surely, a requirement that a man or woman run a gauntlet of sexual abuse in return for the privilege of being allowed to work and made a living can be as demeaning and disconcerting as the harshest of racial epithets” (The U.S. Equal Employment Opportunity Commission, 1990).
Quid Pro Quo Sexual Harassment – 29 C.F.R § 1604.11 (a) (1)Unwelcome sexual advances, requests for sexual favors, and other verbal and physical conduct of a sexual nature by one in a position of power or influence constitutes “quid pro quo sexual harassment” when 1) submission by an individual is made either an explicit or implicit term or condition of employment, or 2) submission to or rejection of such conduct is used as the basis for employment decisions affecting that employee. As defined here, “quid pro quo sexual harassment” normally