Discrimination and Harassment Prevention and Complaint Procedures
David & Margaret Youth and Family Services, (David & Margaret) is committed to providing a work environment that is free of unlawful harassment and/or discrimination. The agency prohibits any agency workforce member from discriminating against or harassing other agency workforce members as well as applicants, customers, vendors, suppliers, independent contractors and others doing business with the agency. In addition, the agency prohibits applicants, customers, vendors, suppliers, independent contractors and others doing business with the agency from discriminating against or harassing. It is important to note that harassment and discrimination fall under the category of misconduct.
In furtherance of this commitment, the agency strictly prohibits all forms of unlawful harassment and/or discrimination, nor allows any arbitrary discrimination, on the basis of actual or perceived age (40 or older), ancestry, ethnic group identification, color, religious creed (including religious dress and grooming practices), denial of family and medical care leave, disability (mental and physical), marital or familial status, medical condition (including HIV and AIDS, cancer, genetic characteristics, pregnancy, child birth, breastfeeding, and medical conditions related to pregnancy, child birth or breastfeeding), genetic information, military and veteran status, political affiliation, national origin (including language use restrictions), race, sex, gender, gender identity and gender expression, sexual orientation/preference, source of income, or against any other protected status in accordance with all applicable federal, state and local laws (pursuant to the Civil Rights Act of 1964, as amended [42 USCA, Section 2000D], California Fair Employment and Housing Act, and Executive Order No. 11246, September 24, 1965, as amended and Title 22) in employment
Similarly, the agency is committed to complying with all laws protecting qualified individuals with disabilities (mental or physical), as well as a workforce member’s’ religious beliefs and observances. This policy extends to all aspects of the agency’s employment practices, including recruiting, hiring, discipline, termination, promotions, transfers, compensation, benefits, training, leaves of absence, and other terms and conditions of employment.
David & Margaret will provide a reasonable accommodation for any known physical or mental disability of a qualified individual or for workforce member’s’ religious beliefs and observances, provided the requested accommodation does not create an undue hardship for the agency and does not pose a direct threat to the health or safety of others in the workplace or to the individual. The agency will not retaliate or discriminate against a person for requesting an accommodation for his or her disability and/or religious beliefs and observances, regardless of whether the accommodation was granted.
Workforce Member: Includes any agency related personnel such as employees, subcontractors/consultants, volunteers, interns, and board members.
The following are examples of prohibited harassment (including Sexual Harassment) or discrimination but it is not an all encompassing list:
Sexual harassment includes a broad spectrum of conduct, including harassment based on sex, gender, gender identity or expression, and sexual orientation. Examples of unlawful and unacceptable behavior include but are not limited to:
Unwanted sexual advances.
Offering an employment benefit (such as a raise, promotion or career advancement) in exchange for sexual favors, or threatening an employment detriment (such as termination or demotion) for an employee’s failure to engage in sexual activity.
Visual conduct, such as leering, making sexual gestures and displaying or posting sexually suggestive objects or pictures, cartoons or posters.
Verbal sexual advances, propositions, requests or comments.
Sending or posting sexually related messages, videos or messages via text, instant messaging or social media.
Verbal abuse of a sexual nature, graphic verbal comments about an individual’s body, sexually degrading words used to describe an individual and suggestive or obscene letters, notes or invitations.
Physical conduct, such as touching, groping, assault or blocking movement.
Physical or verbal abuse concerning an individual’s gender, gender identity or gender expression.
Verbal abuse concerning a person’s characteristics such as pitch of voice, facial hair or the size or shape of a person’s body, including remarks that a male is too feminine or a woman is too masculine.
Other examples of prohibited harassment or discrimination are:
In addition to the above listed conduct, the agency strictly prohibits harassment or discrimination concerning any other protected characteristic. Such prohibited harassment includes but is not limited to:
Racial, ethnic, or LGTBQI slurs, epithets and any other offensive remarks related to these areas.
Jokes, whether written, verbal or electronic.
Threats, intimidation and other menacing behavior.
Inappropriate verbal, graphic or physical conduct.
Sending or posting harassing messages, videos or messages via text, instant messaging or social media.
Other harassing or discriminatory conduct based on one or more of the protected categories identified in this policy.
Any agency workforce member who has any questions about what constitutes harassing or discriminatory conduct should contact their supervisor or human resources.
Reporting Harassment or Discrimination:
If an agency workforce member or applicant feels that he or she is being harassed or discriminated against in violation of this policy by another agency workforce member or third party doing business with the agency, the agency workforce member or applicant should immediately contact their supervisor or supervisor’s supervisor or human resources at (909) 596-5921 ext. 3220 In addition, if an agency workforce member observes harassment or discrimination by another,, then he/she should immediately report the incident to the individuals identified above.
All supervisors must immediately report complaints of misconduct under this policy to human resources so the agency can investigate and try to resolve the claim internally. Failure of a supervisor to immediately report complaints or observed violations of this policy will result in disciplinary action up to and including termination.
All complaints of unlawful harassment or discrimination that are reported to management or to the persons identified above will be investigated as promptly as possible and corrective action will be taken where warranted. This includes taking appropriate action in response to violations of this policy by any nonemployee. All complaints of unlawful harassment or discrimination that are reported to management or to the persons identified above will be treated with as much confidentiality as possible, consistent with the need to conduct an adequate investigation. Complaints will be investigated by impartial and qualified internal personnel unless external involvement is warranted. The process will be documented and tracked for reasonable progress by the Director of Operations, and all investigations will be completed typically within no more than 30 days after the complaint has been received in Human Resources.
The California Department of Fair Housing (DFEH) may also investigate and process complaints of harassment or discrimination. Violators are subject to penalties and remedial measures that may include sanctions, fines, injunctions, reinstatement, back pay and damages. The toll free number from the DFEH is (800) 884-1684.
The agency’s workforce members are essential to assisting the agency in enforcing this policy by immediately notifying the agency of any violations to this policy. Agency workforce members shall receive training on this policy within 90 days of his/her relationship with the agency and annually sign an acknowledgement that he/she is aware and understands all the policies within the Agency’s Code of Conduct which includes this policy. In addition in compliance with California law (Section 12950.1) supervisors must complete initial 2 hour training within 6 months of becoming a supervisor and then every two years. This 2 hour training must be offered to supervisory employees at least once every two years, and it must include “practical examples aimed at instructing supervisors in the prevention of harassment, discrimination and retaliation.” It must also be presented by trainers or educators with knowledge and expertise in the prevention of harassment, discrimination and retaliation.
In addition under California AB2053, the supervisor’s training shall also include information regarding “prevention of abusive conduct” or commonly referred to as bullying. AB 20523 defines ‘abusive conduct’ as conduct of an employer or employee in the workplace, with malice, that a reasonable person would find hostile, offensive, and unrelated to an employer’s legitimate business interests. Abusive conduct may include repeated infliction of verbal abuse, such as the use of derogatory remarks, insults and epithets, verbal or physical conduct that a reasonable person would find threatening, intimidating, or humiliating, or the gratuitous sabotage or undermining of a person’s work performance. A single act shall not constitute abusive conduct, unless especially severe and egregious.” It is important to note that “abusive conduct” in and of itself is not illegal unless it is related to a protected category.
David & Margaret prohibits retaliation against those who report, oppose or participate in an investigation of alleged violations of this policy. Therefore, agency workforce members or applicants may be assured that they will not be penalized in any way for reporting a harassment or discrimination problem. It is unlawful for an employer to retaliate against employees who oppose the practices prohibited by the California Fair Employment and Housing Act (FEHA), or who file complaints or otherwise participate in an investigation, proceeding or hearing conducted by the California Department of Fair Employment and Housing (DFEH) or the Fair Employment and Housing Commission (FEHC). Similarly, the agency prohibits any workforce members from hindering its internal investigations or its internal complaint procedure. Participating in an investigation of alleged wrongdoing in the workplace includes:
Filing a complaint with a federal or state enforcement or administrative agency.
Participating in or cooperating with a federal or state enforcement agency that is conducting an investigation of the agency regarding alleged unlawful activity.
Testifying as a party, witness or accused regarding alleged unlawful activity.
Associating with another employee who is engaged in any of these activities.
Making or filing an internal complaint with the agency regarding alleged unlawful activity.
Providing informal notice to the agency regarding alleged unlawful activity.
If a workforce member or applicant feels that he or she is being retaliated against, the person should immediately contact their supervisor or human resources at (909) 596-5921 ext. 3220. In addition, if a workforce member observes retaliation by another, he or she should immediately report the incident to the individuals identified above.
Violations of this policy:
The agency takes a zero tolerance stand toward harassment and discrimination and violation of this policy will subject the workforce member to disciplinary action, up to and including immediate termination from his/her position or relationship/contract with the agency. Moreover, any workforce member who condones or ignores potential violations of this policy will be subject to appropriate disciplinary action, up to and including termination. It is also important to note that conduct that violates this policy need not arise to the level of a violation of the law in order to violate this policy and failure to follow this policy provides grounds for disciplinary action up to and including termination of his/her position or relationship/contract with the agency. In addition, under California law, employees may be held personally liable for harassing conduct that violates the FEHA.
If a workforce member is subjected to discrimination or harassment by an outside person, the agency will work to institute necessary safeguards to protect the workforce member.
FEHA Discrimination and Harassment Prevention and Complaint Policy
Agency Related Personnel/Employee Acknowledgement
I have received a copy and had an opportunity to read the Discrimination and Harassment Prevention and Complaint policy. I understand that I may ask my supervisor or any employee of the Human Resources department any questions I might have concerning this policy. I also understand that it is my responsibility to comply with this policy and any revisions made to it.
Signature of Employee/Agency Related Personnel Date
Employee's/Agency Related Personnel Name (Printed)
If not an employee list in what capacity do you function for the agency:_________________
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