ANTI-DISCRIMINATION &
ANTI-HARASSMENT
POLICY
DISABILITY ACCOMMODATION
The Organization complies with all federal, state, and local fair employment laws and is committed to providing equal employment opportunities to qualified individuals with disabilities. Consistent with this commitment, the Organization will make reasonable accommodations for the known physical or mental limitations of an otherwise qualified individual with a disability who is an employee or applicant for employment unless it would result in undue hardship and/or a direct threat to the health and/or safety of the individual or others.
Any employee who requires an accommodation in order to perform the essential functions of his or her job, enjoy an equal employment opportunity and/or obtain equal job benefits should contact Human Resources to request such an accommodation. Human Resources will communicate with the employee and engage in an interactive process to determine the nature of the issue and what, if any, reasonable accommodation may be appropriate. In some cases, this interactive process may be triggered without a request from the employee, such as when the Organization receives notice from its own observation or another source that a medical impairment may be impacting the employee’s ability to perform his or her essential job functions.
Employees who believe they need an accommodation should specify, preferably in writing, what barriers or limitations prompted the request. The Organization will evaluate information obtained from the employee, and possibly his or her health care provider or another appropriate health care provider, regarding any reported or apparent barriers or limitations and will then work with the employee to identify possible accommodations, if any, that will help to eliminate or otherwise address the barrier(s) or limitation(s). If an identified accommodation is reasonable and will not impose an undue hardship on the Organization and/or a direct threat to the health and/or safety of the individual or others, the Organization will generally make the accommodation or it may propose another reasonable accommodation that may also be effective. Employees are required to cooperate with this process by providing all necessary supporting documentation, and being willing to consider alternative accommodations when applicable.
The Organization also complies with all federal, state, and local laws regarding accommodations or leave for medical conditions related to pregnancy or childbirth, and it accommodates employees’ lactation requirements.
Employees who wish to request unpaid time away from work because of a qualifying disability or medical condition related to pregnancy or childbirth should speak to Human Resources. The Organization will not retaliate or otherwise discriminate against an employee or applicant who requests an accommodation or leave in accordance with this policy.
EQUAL EMPLOYMENT OPPORTUNITY POLICY
The Organization complies with all applicable federal, state and local fair employment laws and is committed to providing a workplace that is free from unlawful discrimination. The Organization strictly prohibits and does not tolerate discrimination against or harassment of employees, applicants, volunteers, or any other covered individual including interns, co-workers, co-volunteers, supervisors, managers, or third parties on the basis of race, color, creed, ancestry, religion (which includes religious belief, observance, practice, and dress/grooming practices), sex (including pregnancy, childbirth, breastfeeding, and related conditions), sexual orientation, gender, gender expression, gender identity, national origin, age (40 or older), physical or mental disability, medical condition, marital status, military status, veteran status, genetic information or any other category protected by federal, state and local laws. The Organization also prohibits and does not tolerate unlawful discrimination against employees, volunteers and other individuals who are perceived to have any of these characteristics or who associate with an individual who has, or is perceived to have, any of these characteristics. This policy applies to all aspects of the employment relationship, including recruitment, hiring, compensation, promotion, transfer, disciplinary action, layoff, return from layoff, training and social, and recreational programs. All such decisions will be made without unlawfully discriminating on any prohibited basis.
If you are subjected to any conduct that you believe violates this policy, or witness any such conduct, you should promptly report the conduct, either orally or in writing. You may speak to, write to, or otherwise contact any of the following:
- Any supervisor of the Organization
- Human Resources
- The California Department of Fair Employment and Housing, which can be contacted toll free at (800) 884-1684 or www.dfeh.ca.gov
- The federal Equal Employment Opportunity Commission, which can be contacted toll free at (800) 669-4000 or at www.eeoc.gov.
The Organization is committed to enforcing this policy. If you feel that you or someone else may have been subjected to conduct that violates this policy, you should report it immediately. Unless the Organization knows about possible violations of this policy, it cannot respond with the appropriate action.
No one will be subject to, and the Organization prohibits, any form of discipline, reprisal, intimidation or retaliation for good faith reports or complaints of incidents of discrimination of any kind, pursuing any discrimination claim or cooperating in related investigations.
POLICY PROHIBITING HARASSMENT AND DISCRIMINATION
The Organization will maintain an environment free from unlawful discrimination and harassment, where employees and volunteers treat each other with respect, dignity and courtesy. The Organization strictly prohibits and does not tolerate unlawful harassment of employees, volunteers, applicants, clients, or any other covered individual by co-workers, co-volunteers, supervisors, managers, or third parties. This policy applies to all phases of employment, including but not limited to recruiting, testing, hiring, promoting, demoting, transferring, terminating, paying, granting benefits and training. All Technovation employees are required to complete Anti-Harassment Training on regular intervals as part of our commitment to a harassment-free work environment. This training is provided in accordance with all applicable state training requirements.
Prohibited Behavior
The Organization will not tolerate any type of discrimination or harassment of our employees, volunteers, applicants for employment, or our clients. Discriminatory conduct or conduct characterized as harassment, as defined below, is prohibited.
The term harassment includes, but is not limited to, slurs, jokes, and other verbal or physical conduct relating to a person’s gender (including pregnancy), sex, race, color, religion, national origin, age, disability, military status, genetic information, refusal to submit to a genetic test, or any other protected category under federal, state or local law, that unreasonably interferes with a person’s work performance or creates an intimidating, hostile work environment.
Sexually harassing behavior, in particular, includes unwelcome conduct such as: sexual advances, requests for sexual favors, offensive touching, or other verbal or physical conduct of a sexual nature. Such conduct may constitute sexual harassment when it:
- is made an explicit or implicit condition of employment;
- is used as the basis for employment decisions;
- interferes with an individual’s work or volunteer performance; or
- creates an intimidating, hostile or offensive working or volunteering environment; or
- it is retaliatory, such as threatening retaliation or taking retaliatory action.
The types of conduct covered by this policy include: demands or subtle pressure for sexual favors accompanied by a promise of favorable treatment or a threat concerning employment.
Specifically, it includes sexual behavior such as:
- repeated sexual flirtations, advances or propositions;
- continued and repeated verbal abuse of a sexual nature, sexually related comments and joking, graphic or degrading comments about an employee’s appearance or displaying sexually suggestive objects or pictures including cartoons and vulgar e-mail messages; and
- any uninvited physical contact or touching, such as patting, pinching or repeated brushing against another’s body.
Such conduct may constitute sexual harassment regardless of whether the conduct is between members of management, between management and staff or volunteers, between staff or volunteers, or directed at employees or volunteers by nonemployees conducting business with the Organization, regardless of gender.
Harassment by Nonemployees
The Organization will also endeavor to protect employees and volunteers, to the extent possible, from reported harassment by nonemployees in the workplace, including clients and vendors.
Complaint Procedure and Investigation
Any employee or volunteer who feels they have been a victim or witness of possible sexual harassment or other harassment or discrimination must promptly report the matter to their manager, or to the President or Human Resources. The purpose for allowing complaints to be made to different individuals is to ensure that the employee is not required to report the matter to the person who is engaging in alleged harassment. Complaints may be submitted orally or in writing. If the employee would like, he or she may submit a written complaint on an anonymous basis, but should know that his or her identity may need to be disclosed in the course of the Company’s investigation in order to ensure a full investigation. Any supervisor receiving a complaint or concern is required to immediately report the matter to Human Resources or to the President of the Organization for resolution.
A fair, timely, and thorough investigation will be conducted as confidentially as possible under the circumstances. Employees who raise concerns and make reports in good faith can do so without fear of reprisal. If an employee believes he or she has experienced any negativity or change in the terms and conditions of their employment as a result of any of these activities, the employee should report the situation to one or more of the persons listed above. Any employee who attempts to discourage or prevent another employee from bringing violations of this policy to the attention of management will be subject to disciplinary action. Employees have an obligation to cooperate with the Organization in enforcing this policy and investigating and remedying complaints.
Anyone found to have engaged in behavior in violation of this policy will be subject to appropriate discipline, up to and including termination. Further, any employee who engages in conduct that violates this policy, or whose conduct would violate this policy if allowed to continue, is subject to disciplinary action, up to and including termination.
If an employee or volunteer believes he or she has been subjected to conduct that violates this policy, he or she may file a complaint with the California Department of Fair Employment and Housing (DFEH) within one year of the harassment. The DFEH serves as a neutral fact-finder and attempts to help the parties voluntarily resolve disputes. The DFEH can order remedies including fines, hiring or reinstatement, back pay or promotion, and changes in policies or practices. Also, if the DFEH finds sufficient evidence to establish that discrimination occurred and settlement efforts fail, the Department may file a lawsuit on behalf of the complaining party. For more information, contact the DFEH at (800) 884-1684 or www.dfeh.ca.gov.
An employee may also file a complaint with the federal Equal Employment Opportunity Commission (EEOC). For more information, contact the EEOC at (800) 669-4000 or www.eeoc.gov.
Retaliation
Any employee who files a complaint of harassment or other discrimination in good faith will not be adversely affected in terms and conditions of employment and will not be retaliated against or discharged because of the complaint.
In addition, the Organization will not tolerate retaliation against any employee who, in good faith, cooperates in the investigation of a complaint. Anyone who engages in such retaliatory behavior will be subject to appropriate discipline, up to and including termination.
ZERO TOLERANCE FOR WORKPLACE VIOLENCE
To ensure sites safe and free of violence for all employees, volunteers, and clients, the Organization prohibits the possession or use of weapons anywhere on Organization property.
Acts or threats of physical violence, including intimidation, harassment, and/or coercion, that involve or affect the Organization or that occur on the Organization property or in the course of the Organization business off the Organization property, will not be tolerated. This prohibition against threats and acts of violence applies to all persons involved in the Organization operations, including, but not limited to, the Organization personnel, contract workers, temporary employees or volunteers, and anyone else on the Organization property or conducting the Organization business off the Organization property. Violations of this policy, by any individual, may lead to disciplinary and/or legal action as appropriate.
Definitions
Workplace violence is any intentional conduct that is sufficiently severe, offensive, or intimidating to cause an individual to reasonably fear for his or her personal safety or the safety of his or her family, friends, and/or property such that employment conditions are altered or a hostile, abusive, or intimidating work environment is created for one or more the Organization employees. Workplace violence may involve any threats or acts of violence occurring on the Organization premises, regardless of the relationship between the Organization and the parties involved in the incident. It also includes threats or acts of violence that affect the business interests of the Organization or that may lead to an incident of violence on the Organization premises. Threats or acts of violence occurring off the Organization premises that involve employees, agents, or individuals acting as a representative of the Organization, whether as victims of or active participants in the conduct, may also constitute workplace violence. Specific examples of conduct that may constitute threats or acts of violence under this policy include, but are not limited to, the following:
- Threats or acts of physical or aggressive contact directed toward another individual;
- Threats or acts of physical harm directed toward an individual or his/her family, friends, associates, or property;
- The intentional destruction or threat of destruction of the Organization property or another employee’s property;
- Harassing or threatening phone calls;
- Surveillance;
- Stalking;
- Veiled threats of physical harm or similar intimidation; and
- Any conduct resulting in the conviction under any criminal code provision relating to violence or threats of violence that adversely affects the Organization’s legitimate business interests.
Enforcement
Any person who engages in a threat of violence or violent action on Organization property may be removed from the premises as quickly as safety permits and may be required, at the Organization’s discretion, to remain off the Organization premises pending the outcome of an investigation of the incident.
Employees and volunteers are prohibited from bringing or otherwise carrying firearms or other weapons inside Organization-owned or leased buildings, structures, or other areas or structures where employees, staff, management, clients or other members of the public gather as a result of Organization business, events or activities. To enforce this policy and protect our employees’ safety, we reserve the right to search all packages, containers, purses, briefcases, backpacks, lockers, desks or persons entering or located on Organization property. Any violation of this policy, including refusal to promptly permit a search under this policy, will result in prompt disciplinary action, up to and including termination.
When threats are made or acts of violence are committed by an employee or volunteer, the Organization, at its sole discretion, will determine what actions are appropriate with respect to that employee or volunteer, including potential medical evaluation and treatment and/or disciplinary action, up to and including discharge.