How do you write a Company Sexual Harassment Policies and Procedures document?
SEXUAL HARASSMENT POLICIES AND PROCEDURES
This Company's Sexual Harassment Policies and Procedures were created by the Company in order to provide protection of the rights of individuals and to provide a set of common definitions and guidelines for code of conduct while working for Company. This policy is written to reflect both the Company's existing Sexual Harassment Policies as well as the federal statutes under which the Company operates its business. The goal of this policy is to allow for an environment that is free of Sexual Harassment by way of comparable protection of the rights of our employees, customers, contractors, and vendors through standardized practices and procedures. Company seeks to increase awareness of the Company's Sexual Harassment Policies and Procedures, and to provide education and information for employees in order to help employees understand Sexual Harassment and the Company's policy concerning Sexual Harassment, as well as their rights and responsibilities as employees of the Company.
"Sexual Harassment" - Sexual Harassment shall mean all behavior that is considered to be unwelcome attention that is of a sexual nature or topic. A victim of Sexual Harassment does not necessarily have to be the one directly harassed but may be expanded to include anyone who finds the behavior offensive and considers himself or herself to be affected by such behavior. "Sexual Harasser" - Sexual Harasser shall mean one who is engaging in Sexual Harassment. Within the context of working with the Company, a Sexual Harasser may be, but is not limited to, a co-worker, a supervisor, a manager, customer, or even a stranger.
"Complainant" - Complainant shall mean the person or persons who bring forth the complaint or request for investigation into alleged Sexual Harassment. "Respondent" - Respondent shall mean the person or persons toward whom the Sexual Harassment complaint is directed. The Respondent is usually the Sexual Harasser or the parties involved in Sexual Harassment.
Company provides a professional working environment and is committed to making such environment free from Sexual Harassment. Sexual Harassment is a form of sex discrimination and is illegal. The Company will not tolerate Sexual Harassment in any form.
Insert whether your company requires training and what type of training must be completed. The Company provides this training to further their commitment to educate and train their employees about Sexual Harassment and other workplace harassment issues. Definition and Statutory Reference - Harassment on the basis of sex is discrimination and is a violation of Title VII of the Civil Rights Act of 1964, 42 U.S. 2000e, and Title IX of the Educational Amendments of 1972, 20 U.S. 1681. Sexual Harassment will often, but not always, exploit a relationship that is between individuals of unequal authority or power in the workplace.
Examples include relationships such as those between an employee and a manager; between an employee and a supervisor or lead; or between an employee and another employee, irrespective of their positions with the Company. Sexual Harassment is not limited by the gender of either party; it is not limited by the superior or subordinate relationship of either party; it is not limited to Sexual Harassment that may occur within the confines of the building or office you may work in, nor is it limited to the hours you work while employed by the Company.
Sexual Harassment includes, but is not limited to the following types of behavior and situations:
Written or verbal comments, emails, telephone calls, or text messages that are of a sexual nature. Physical contact that is of a sexual nature. Imposition of terms or conditions of employment or giving of instruction to an employee, whether explicitly or implicitly, that is of a sexual nature.
Use of such behavior as a criteria, whether explicitly or implicitly, for evaluation in making decisions affecting an individual or employee. Conditions that create a hostile or intimidating environment or workplace. Conditions that allow any such behavior to be perpetuated or tolerated by another employee or individual.
In relation to the above items, behavior considered to be sexually harassing may also include, but is not limited to: unwelcome sexual flirtations, advances, or propositions; verbal remarks of a sexual nature (whether directed to an individual or a group), including sexually explicit or offensive jokes; graphic or degrading verbal or written comments of a sexual nature about an individual or the individual's appearance; any suggestive or unwelcome physical contact; conduct of a sexual nature that interferes with an employee's activities or with an employee's job performance; or assault. It is the Company's responsibility to investigate and respond to all allegations of Sexual Harassment in a manner that is both consistent and in accordance with the law. The Company shall make all efforts to respect the right to confidentiality of all of the parties involved in a Sexual Harassment investigation. The Company cannot absolutely guarantee the confidentiality or privacy or absolutely protect the identity of any of the parties involved in an investigation or Sexual Harassment complaint.
Complaints Found to be Malicious or Frivolous
Charges or complaints found to be malicious or with the intent to damage another person's reputation or standing may result in sanctions imposed, or even charges filed against the Complainant by the respondent.
The failure to substantiate a Sexual Harassment claim shall not automatically constitute a frivolous or malicious charge.
Action taken against any individual, whether employee or otherwise, that is a result of that individual filing a complaint or seeking redress due to an incident or incidents of Sexual Harassment is strictly prohibited. Any such actions taken by employees of Company shall be regarded as separate causes for complaint and/or disciplinary action.
Seeking Remedy or Redress Outside of the Company
The Company's Sexual Harassment policy does not prevent employees from pursuing a complaint with any third party or agency.
The Company takes all complaints of Sexual Harassment seriously. The Company also has an obligation to investigate all claims of Sexual Harassment brought forward by a Complainant in a thorough and judicious manner that also respects rights of the respondent(s). The Company shall consider any report to its Executives, its Human Resources Department, Manager, or a Supervisor of a Sexual Harassment complaint to be a serious matter and the department or supervisor who first takes in the report must immediately notify his/her superiors or manager for further processing. The person or department first receiving the report must immediately notify the Human Resources Department so that the complaint can be recorded, clarified, and assigned to a staff member to investigate and so that the Company may take preventive and corrective action.
Company's Sexual Harassment procedures are composed of two parts:
A Company intervention, and a Company-conducted hearing
Intervention by Company
Intervention is an attempt by the Company to resolve all Sexual Harassment complaints directly without a focus on either motive or blame. Resolution of complaints at this stage requires agreement on the part of all parties involved. Agreement must be voluntary and without duress on the part of either party. Resolution at the intervention step can often produce the greatest benefit to all parties.
The Company will provide trained staff for facilitating the intervention step and intervention shall occur at a time and place of the Company's choosing.
Actions taken in the intervention step include but are not limited to:
Listening to the Complainant to find out what action or resolution he/she desires. Advising both the Complainant and the respondent as to the scope of the Sexual Harassment Policy and the definition of behavior. Having the Complainant meet with the respondent to discuss the complaint while a third party is present.
Providing information to the respondent that concerns actions that the Complainant may consider to be Sexual Harassment. Undertaking an initial investigation into the complaint. Conducting an educational session or educational workshop on Sexual Harassment for the department or Company, and providing an attendance record as proof of notice given to the respondent of this policy. Having a supervisor, manager, or executive counsel the respondent.
Helping to draft a letter of apology, a transfer of either party, a voluntary resignation, or other appropriate level of Company sanction(s). Conducting a follow-up inquiry to see if the complaint has been resolved or if the Complainant still wishes to take further action.
All complaints shall be documented and stored in a confidential file. Complaints must be kept separate from any personnel or other employment files. Documentation must include name of the Complainant and all respondents, including a complete description of the complaint, date, witnesses, and any other information relevant to the case.
The Company Human Resources Manager is responsible for communicating to the Company insert Executive Board, CEO, President, etc., the number, type, and disposition of Sexual Harassment complaints received. All of these communications shall be confidential and shall not disclose the names of the Complainant or the respondent.
In the case of a withdrawal of the complaint by the Complainant, the intervention may or may not continue at the discretion of the Company.
Confidentiality of Communication and Complaints
The Company will make every possible effort to maintain confidentiality during the intervention; however, confidentiality cannot be 100% guaranteed.
The hearing is the second procedure that the Company may undertake at its discretion in order to resolve complaints of Sexual Harassment. The hearing will consist of the following policies and procedures.
Timeliness of Hearing
All stages of the hearing procedure shall have time limits imposed upon them that are both reasonable and expedient. The Human Resources Director shall set all times and locations of meetings, hearing and other items relating to the Sexual Harassment complaint, and communicate and confirm such times to each party in writing. Hearing(s) should occur within ten (10) business days after the formation of a Hearing Board.
Withdrawal of the Complaint
The Company should advise the Complainant about what will happen if the Complainant wishes to withdraw his/her complaint at this phase. Should the Complainant wish to withdraw the complaint, the hearing may or may not continue at the discretion of the Company.
Contents of the Written Complaint
The complaint must be signed and dated by the Complainant and include the name(s) of the parties involved, the Complainant's address, the date of the complaint, the date or period of time that the complaint takes place, the nature and description of the harassment, and any accompanying information that the Complainant deems appropriate. The Company Human Resources Department shall treat any written notification by any employee or manager, whether received electronically or otherwise, as notification of Sexual Harassment and shall begin the appropriate investigation; however, for the purposes of the hearing phase, the Company's Sexual Harassment Report must be signed and completed by the Complainant prior to the start of the complaint hearing.
Notification of Hearing Procedure
The Company shall notify all parties of the time, place, and rules concerning the hearing procedure. The hearing shall occur no less than ten (10) business days from the date of the notification to allow all parties to gather their evidence and testimony, except in the case of unilateral agreement by all parties that the hearing should proceed sooner or later than the allotted ten (10) business days.
The Hearing Board shall consist of the following members or participants. Insert as many additional members as you require. The Hearing Board shall designate a "Hearing Officer" who shall preside over the hearing.
The hearing is intended to provide an opportunity to determine whether Sexual Harassment has occurred and whether the Company's Sexual Harassment policy has been violated. Each party shall be given a complete and fair hearing. The hearing process shall be formal, but is not to be considered a court proceeding by either party.
Nothing contained in the hearing process, statements, or testimony or found by the hearing panel shall be construed, binding, or considered to be evidence in a court of law. All parties involved in the Sexual Harassment complaint shall have the right to retain legal representation if they so wish. Each party shall be expected to give testimony and the hearing panel will record and hear all evidence that it believes is relevant to the Sexual Harassment complaint.
The hearing shall be conducted as follows:
The Hearing Officer shall read the complaint(s) and ask the respondent to either confirm (admit) or deny (dispute) the complaint(s). Both parties may make opening statements. Opening statements should be brief, respectful of all parties present at the hearing procedure, and should not be used to present evidence.
The Hearing Board shall give all parties the opportunity to present evidence relevant to the complaint(s). Both parties may make concluding statements. Parties may, should they wish, submit any additional written arguments or testimony to the Hearing Board at this time.
The Hearing Board shall then deliberate, and, by a majority vote of its members, make a finding as to whether the Company Sexual Harassment policy was violated and what actions or sanctions should occur that the Company deems appropriate and consistent with this Sexual Harassment Policy.
Outcome and Record Keeping
The outcome of the hearing shall be decided on by the Hearing Board and all findings recorded by the Human Resources Department and entered in the appropriate personnel file(s). During the hearing procedure and sanction(s), the Company shall make every reasonable attempt to keep the Sexual Harassment complaint and all associated documents confidential; however, confidentiality cannot be guaranteed.
Appeal of Either Intervention or Hearing
Each party involved in a Sexual Harassment complaint has the right to appeal. Appeals can be made by completing a written request of appeal to the Human Resources Department.
Questions, comments, or concerns regarding the Sexual Harassment Policy may be directed to Human Resources Email or to the following Sexual Harassment Advisor or Company representative:
Human Resources Name
Changes to this Sexual Harassment Policy. The practices described in this Sexual Harassment Policy are current as of Current Date. Company reserves the right to modify or amend this Policy at any time consistent with the requirements of the Sexual Harassment Principles. Appropriate public notice will be given concerning such amendments.
This Policy may be changed periodically in accordance with the requirements of the Sexual Harassment Principles.