Java Corp is a multicultural organization that demands unbiased and tolerant relationships between its employees. Thus, Java Corp is committed to creating a harassment-free environment for all parties concerned by implementing this policy, including anti-harassment procedures and sufficient managerial controls. Java Corp does not tolerate any harassment, disrespect, or indignity. This policy applies to and protects all current and future employees and stakeholders of Java Corp without exceptions and Java Corp itself from the risk of harassment claims. Anyone involved in the workplace and work-connected harassment will be investigated and may be subjected to disciplinary proceedings.
Prohibited Conduct
This section presents types of harassment and gives their definitions following the current US law. Namely, the protection of employees from employment discrimination is guaranteed by Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, and the Americans with Disabilities Act of 1990. Employment discrimination and harassment can be “based on race, color, religion, sex (including sexual orientation, gender identity, or pregnancy), national origin, older age (beginning at age 40), disability, or genetic information (including family medical history)” (Harassment, n.d., para. 2). This section should be reviewed annually and revised if required to guarantee compliance with all legal and employees’ demands.
Employment Discrimination
Java Corp gives nondiscriminatory and equal access to employment, work, promotion, and benefits for every individual. The company guarantees an open, inclusive, and accessible workplace and adheres to all anti-discrimination laws and workplace standards. Discrimination means treating an employee or job applicant “differently or less favorably” than other employees and applicants (What is Employment Discrimination?, n.d., para. 2). As such, Java Corp is prohibited from:
- unfair treatment or harassment of any type;
- denying a justified workplace change;
- improper questioning about or disclosure of an individual’s personal information (genetic, medical, etc.);
- retaliation against employees exercising their rights and freedoms (What is Employment Discrimination?, n.d.).
Java Corp’s responsibility is to adhere to these prohibitions on all organizational levels and provide all parties concerned with a harassment-free environment.
Harassment
Java Corp urges employees on all organizational levels to refrain from any harassment mentioned above, even if it is not unlawful. Unlawful harassment is offensive conduct that either “becomes a condition of continued employment” or creates an “intimidating, hostile, or abusive” work environment (Harassment, n.d., para. 2). Java Corp prohibits employees on all organizational levels from:
- verbal, physical, or visual humiliation or intimidation of any type (jokes, insults, threats, assaults, etc.);
- interfering in any way with filing a harassment complaint, investigation, and/or disciplinary measures;
- retaliating against anyone filing a harassment complaint or in any way affiliated with an investigation;
- filing a false harassment complaint (Harassment, n.d.).
Supervisors are responsible for promoting a harassment-free environment and controlling anti-harassment procedures. Disciplinary proceedings against offenders will depend on the graveness of each particular case.
Sexual Harassment
Java Corp prohibits any form of harassment based on a person’s sex. Sexual harassment includes “unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature” as well as “offensive remarks about a person’s sex” (Sexual Harassment, n.d., para. 1-2). Java Corp believes that it is highly unprofessional, unethical, and does not coincide with Java Corp’s corporate culture and values. Hence, employees involved in sexual harassment will face the highest possible disciplinary measure: dismissal with compensation for emotional damages.
Privacy, Confidentiality, and Disclosure
Java Corp will respect the privacy and confidentiality of everyone involved in the anti-harassment procedures, limiting disclosure of complaint-related information to parties responsible for the investigation and disciplinary measures. Java Corp expects that all parties involved in the anti-harassment actions will respect each others’ privacy and confidentiality to avoid victimization and retaliation against complainants. Additionally, Java Corp and its employees will comply with the US privacy states’ legislations. The disclosure of information that is not reasonable or jeopardizes the anti-harassment procedures will be investigated. Employees who do not comply with this Privacy, Confidentiality, and Disclosure policy will be subjected to appropriate disciplinary proceedings.
Complaint Procedure, Investigation, and Resolution
An employee that is a victim of workplace harassment has the right to file a harassment complaint to their supervisor. Furthermore, Java Corp encourages employees that are witnesses of workplace harassment to report such occurrences to their supervisors and cooperate with further investigation. A harassment complaint may be verbal or written, but a record is needed in case of oral complaints. Responsible supervisors should control that the complaints adhere to the following rules:
- name of the victim;
- name/s of the offender/s;
- details on what has happened;
- date and approximate time of harassment;
- place of harassment;
- regularity of similar conduct from the offender/s;
- name/s of present witness/es (if applicable).
The complaint should be filed within six months of harassment occurring. Thus, Java Corp urges to report harassment at the earliest possible date. Complainants should support overdue complaints with sufficient evidence that they could not report harassment in time.
Responsible supervisors should inform suspected offenders that the complaint has been filed against them and invite the latter to provide details on harassment allegations. Supervisors should resolve complaints within one month or provide a written explanation on the delay to involved parties. All involved parties have the right to report the improper implementation of the anti-harassment procedures to executives of Java Corp in written form.
Before the investigation, supervisors should offer the complainant and the suspected offender/s a mediation dialogue to resolve the complaint peacefully on mutually accepted terms. If either of the parties does not wish for a mediation dialogue, Java Corp will appoint an internal or external investigator with appropriate training. The investigation involves conducting and recording an interview with the complainant, the suspected offender/s, and, if applicable, the witness/es and submitting a report to supervisors. All involved parties should review the accuracy of their record after the interview. The report should include all of the following:
- complete details of alleged harassment (a description, including date, time, and place);
- a summary of interviews supported by records;
- a decision on the harassment occurrence.
Supervisors then decide on the appropriate disciplinary measures against offenders to resolute the complaint: reprimand with an apology, reasonable compensation, unpaid suspension, transfer, demotion, and/or dismissal. All involved parties should get a copy of the report and the decision. In cases of dissatisfaction with the resolution, all involved parties have the right to file a discrimination complaint to the US Equal Employment Opportunity Commission.
Employee Acknowledgment
Java Corp undertakes to familiarize its employees with this policy on all organizational levels. The policy document will be available on the company’s website and sent to work emails of all current employees. Special briefings and training will be initiated for supervisors and managers to guarantee their acknowledgment and complete understanding of the policy. Managers will use the specially created PowerPoint presentation as a training tool for new employees on the importance of following anti-harassment policies. All job applicants and new employees will be provided with a digital copy of the company’s policy via email, work email, or messengers.
References
Harassment (n.d.). US Equal Employment Opportunity Commission. Web.
Sexual Harassment (n.d.). US Equal Employment Opportunity Commission. Web.
What is Employment Discrimination? (n.d.). US Equal Employment Opportunity Commission. Web.