Sexual Harassment Policy

Index
Intent
Definition of Sexual Harassment
Penalties for Sexual Harassment
Grievance Procedure
Confidentiality of Complaints and Actions
Examples of Improper/Inappropriate  Behavior
Broadcasting of Policy
 

Intent:
It is  the clear intention of the principals of this corporation to provide a workplace free of Sexual Harassment. To affect this intent this policy is implemented to;

• Express the absolute disapproval of such behavior that can be defined as 'Sexual Harassment'.
• Educate and affirmatively raise the subject with employees.
• Inform employees of their rights to raise complaints.
• Provide a procedure for complaints to be heard, investigated and  for appropriate actions to be taken.
• Monitor and follow up to ensure compliance.

It must be clearly understood that Sexual Harassment will not be tolerated. The focus will be to prevent Sexual Harassment Behavior before it occurs and to eradicate it's existence.

Employees who believe they have experienced Sexual Harassment are encouraged to lodge their complaint and to obtain the names and phone number of witnesses. They should not delay in making their complaint upon concern that they will not be taken seriously or because of embarrassment. The offender is who should be embarrassed. The principals will not tolerate this kind of behavior.

Definition of Sexual Harassment:

Sexual Harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment. Whereas, sexual harassment falls into one of the two following categories;

• Quid Pro Quo: Submission to such conduct (1) is made a term or condition of employment or (2) forms a basis for employment decisions affecting that individual, OR
• Conduct that has purpose or effect of (1) unreasonably interfering with the work performance or (2) creating an intimidating, hostile, or offensive environment.

Penalties for Sexual Harassment:

There are only two penalties, as follows;

a. Reprimand for a first time offense that is considered to be 'minor'. This reprimand may include a suspension of work without pay at the discretion of the principals.
b. Termination for an offense that is considered to be 'serious'. Also termination is the remedy for a second occurrence of a 'minor' offense against any or the same employee.
 

 
Grievance Procedure:

Employees who believe they have experienced sexual harassment are encouraged to do the following;

• Rebuke the person and their conduct as 'Sexual Harassment' and advise them that you intend to make a complaint.
• Determine who may have been witnesses to the conduct and obtain their address and phone number.
• Report the event to their immediate supervisor and demand that a conference call  be placed or meeting held with the corporate EEO/AAP Officer to record and commence action in the matter. If the offensive conduct is by the supervisor the employee must report directly to the EEO/AAP officer. The employee may also report the offense to the CEO of the company. The employee can select freely between the CEO or the EEP/AAP Officer to report to. Whereas the EEO/AAP officer is Donna Ballew (female) and the CEO is Allen Ballew (male). Employees are encouraged to immediately report sexual harassment, but not later than 24 hours after the event.
• A report must be made and a statement of the event(s) recorded which is according to the person complaining. This report should be recorded by telephone (if legal in the state(s)) if the report is by phone. If the report is made in person the report should be recorded. If the person complaining objects to a recording, then a statement will need to be made and submitted in writing, and signed by the person complaining. All records of complaints are to be confidential to protect the victim and the accused.
• The report will be investigated by discrete inquiry with other employees and/or persons who may have witnessed the conduct.
• Initially the accused will be advised that a complaint has been made, but will not be told who made the complaint. The accused will be given the opportunity to bring the matter up on their own and provide any explanation. If the accused does not acknowledge the event, more circumstances of the event will be revealed to refresh his or her memory. Finally, if there is no acknowledgment, the EEO/AAP officer or CEO will direct the employee to submit and sign a written statement putting forth their side of the story.
•  The person complaining will be provided with the accused side of the story and asked to confirm or deny the version presented by the accused.
• The EEO/AAP officer or CEO will promptly take action if the report is believed to be substantiated. There are only two penalties for substantiated cases of Sexual Harassment. If the event is not substantiated the person complaining will be advised. The complaintant will be asked for more evidence or to promptly report any reoccurrence that can be substantiated.

Confidentiality of Complaints and Actions:

All records concerning the events will remain confidential to protect the victim and the accused. All inquiry will be as discrete as possible.
 

Examples of Improper/Inappropriate  Behavior:

The following behavior can be considered Sexual Harassment. This is not an all inclusive list but is provided for example.
(minor offense is not bolded) 

• Sexual propositions
• Pornography
• Extremely vulgar language
• Sexual touching
• Degrading comments
• Embarrassing questions or jokes
• Inappropriate nicknames
• Obscenities written or spoken directed a person or group of persons
• Mooning
• References to persons as, 'baby', 'sugar', 'momma', and like names.
• Crude remarks of a sexual nature
• Grabbing or Pinching
• Offensive sketches or drawings
• References to female employees as 'girls'
• Assignment of work strictly according to gender
• Promoting employees based on gender

Broadcasting of Policy

This policy will be thoroughly discriminated to all employees. Supervisors will receive training in Prevention of Sexual Harassment. Periodic surveys of employees will be made to determine effectiveness of this Policy.

Allen Ballew, President

Revised April 10, 2000