SAMPLE California Harassment Prevention Policy

SAMPLE California Harassment Prevention Policy

Includes 2016 DFEH Updates

_________________________ is committed to providing a workplace free from unlawful harassment and discrimination of any kind, including unlawful sexual harassment and harassment based on any characteristic protected by local, state or federal employment discrimination laws.

These protected characteristics include, but may not be limited to, religion or religious creed, race, color, ethnic group identification, age (40 or over), national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, military and veteran status, and sex, gender, gender identity, gender expression, or sexual orientation.

Retaliation is also against the law and this policy prohibits retaliation of any kind against individuals who resist or reject unlawful behavior, report any incidents of harassment or perceived harassment, or participate in an investigation.

Unlawful sexual harassment can include unwelcome sexual or gender-based conduct that unreasonably interferes with an individual's job performance or creates an intimidating, hostile, or offensive working environment. Common examples include:
  • Verbal or written conduct such as derogatory comments, slurs, epithets, notes, messages, invitations, email or jokes
  • Visual conduct such as leering, gesturing, sexually suggestive pictures, posters, or calendars; Internet or email materials that contain sexually explicit or suggestive pictures, cartoons or pornography
  • Physical conduct such as unwelcome touching, hugging, or blocking someone's path in an inappropriate or sexual way
  • Unwanted romantic conduct such as sexual advances, invitations, or attention

Unlawful sexual harassment also includes unwelcome sexual advances or requests for sexual favors where submission to such conduct is made an explicit or implicit term or condition of employment, or where submission to or rejection of such conduct is made the basis of employment decisions affecting an individual (quid pro quo harassment).

This policy applies to all employees, interns, volunteers, third parties and agents of the employer, including supervisory and non-supervisory employees, and it applies to all phases of employment. It also applies to protect employees in the workplace from unwelcome conduct by non-employees, and all reasonable actions will be taken to protect employees from the actions of contractors, suppliers, clients, and others.

While it is not the intent of this policy to regulate the social interaction or relationships freely entered into by employees, there will be no tolerance for unwelcome conduct that violates this policy.

Behavior that is inappropriate in our workplace includes abusive conduct, bullying and other forms of disruptive behavior.

Prevention is the best way to eliminate harassment in the workplace. All new employees, managers and supervisors will receive information on harassment prevention, as well as a copy of this policy when they are hired, and will receive ongoing training throughout their employment.

Any employee who believes he or she has been illegally harassed by a coworker, supervisor, agent of the employer, or by anyone else in the workplace, should promptly report the misconduct to his or her supervisor, or to the supervisor's supervisor if necessary, or to the human resources department or other designated resources of this organization.

It is the responsibility of every employee and supervisor to immediately report any violation or suspected violation of this policy to the appropriate organizational representative to attempt internal resolution.

All complaints will be taken seriously and will be investigated in a fair, timely and thorough manner. The investigation will be conducted by qualified personnel, documented and tracked for reasonable progress and timely closure. Confidentiality will be maintained to the extent possible. Everyone concerned will be provided with due process and a reasonable conclusion will be reached based on the evidence. Any retaliation against those involved will not be tolerated. If a violation of this policy has occurred, remedial actions will be taken to resolve the problem, and when warranted, disciplinary action (up to and including termination) will also be taken.

If you have any questions about this policy please talk with your supervisor, or with the human resources department or other designated employer representative.

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