POLICY AND PROCEDURE CONCERNING EQUAL EMPLOYMENT OPPORTUNITY, AFFIRMATIVE ACTION/CIVIL RIGHTS COMPLIANCE AND FREEDOM FROM HARASSMENT PURPOSE The purpose of this policy is to outline Dungarvin’s equal employment practices relative to recruitment, hiring, assignment, advancement, and compensation of employees to prohibit practices that harass, disrupt or interfere with any employee, or discriminate against a protected class. POLICY It is Dungarvin’s policy to provide equal employment opportunity to all qualified persons without regard to race, religion, national origin, sexual orientation, marital status, military status, age once having reached the age of majority, gender, color, genetic information, membership in any reserve component of armed forces, use or nonuse of lawful products (alcohol, tobacco) during non-working hours, whistle-blower status or disability status unless a bona fide occupational qualification demands otherwise. Verbal or physical conduct that harasses, disrupts, or interferes with any employee’s work performance or which creates an intimidating, offensive, or hostile environment is prohibited. In accordance with the Americans with Disabilities Act, Dungarvin will make reasonable accommodations in order to permit individuals with disabilities to perform all essential functions of their positions, provided to do so does not create an undue hardship for Dungarvin, persons served by Dungarvin, or other employees. Dungarvin recognizes that persons served by Dungarvin have the right to make choices about the services they receive. Such choices may include, in some circumstances, choices about which Dungarvin staff serve certain individuals. Dungarvin will attempt to honor choices by persons served about services provided. However, Dungarvin will not honor choices that are based on discrimination against persons in protected classes, as outlined in this policy. Dungarvin recognizes that some persons served by Dungarvin may engage in conduct toward Dungarvin employees that may be considered harassing and offensive. Dungarvin does not condone such conduct, but recognizes that dealing with such conduct may be a necessary part of the environment in which habilitative services are provided. Dungarvin will use its best efforts to assure our employees do not work in an environment that is hostile, offensive, or intimidating. If a Dungarvin employee feels offended or intimidated by the conduct of a person served by her or him, the employee is expected to notify her or his supervisor, and follow the procedure outlined in this policy. PROCEDURE I. This policy applies to all terms, conditions, and privileges of employment, including recruiting, hiring, training, promotion, transfer, compensation, benefits, disciplinary action, and termination. II. Freedom from harassment. A. Every employee has the right to work in an environment free from intimidation and harassment because of race, religion, national origin, sexual orientation, marital status, military status, age once having reached the age of majority, gender, color,
genetic information, membership in any reserve component of armed forces, political orientation use or nonuse of lawful products (alcohol, tobacco) during non-working hours, whistle-blower status,
or disability status B. Harassment, including physical, sexual, verbal, or visual harassment is strictly prohibited by Dungarvin. C. Sexual harassment. 1. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when:
- Submission to the conduct is made either explicitly or implicitly as a term or condition of employment.
- Submission to or rejection of the conduct by an individual is used as a basis for employment decisions.
c. The conduct has the purpose or effect of unreasonably interfering with an employee’s work performance or creating an intimidating, hostile, or offensive work environment. 2. Examples of sexual harassment may include but are not limited to: a. Unwelcome sexual advances. Unwelcome sexual advances include assault and battery, rape, a kiss or hug, patting or pinching, uninvited phone calls or letters, brushing against the body. b. Requests for sexual favors. Requests for sexual favors include subtle or overt requests for sexual intercourse or other sexual contact and can also include repeated requests for dates or other social events. c. Verbal or physical conduct of a sexual nature. Verbal conduct of a sexual nature includes such acts as comments about the body, physical appearance, clothing, or sex life, wolf whistles, sexual jokes, and sexual innuendoes. Physical conduct of a sexual nature includes exposing a body part, leering, kissing, hugging, physical gestures of a sexual nature, looking or attempting to look down someone’s clothing, displays of nude pictures, and touching or adjusting someone’s clothing. D. Harassment of employees by persons served. 1. Dungarvin does not condone offensive or harassing conduct by any individual, including persons served by Dungarvin. However, Dungarvin recognizes that some persons served do engage in conduct that many individuals would find offensive and/or harassing. Dungarvin recognizes that dealing with such conduct is, in some situations, a necessary part of the habilitative services provided by Dungarvin. 2. Because offensive and harassing conduct by persons served cannot be eliminated in all cases, Dungarvin will make all reasonable efforts to assure its employees and persons served will be appropriately matched, such that employees who are offended, intimidated, or harassed by certain types of conduct by persons served will not work with individuals who are likely to exhibit such conduct. 3. If a Dungarvin employee is exposed to conduct by a person served, which that employee finds to be hostile, offensive, or intimidating, then the employee is expected to promptly notify her or his supervisor, so that appropriate remedial action may be taken. 4. When Dungarvin is aware that an individual person served has a documented history of engaging in conduct that the average employee would find hostile, offensive, or intimidating, then the supervisor will counsel each employee before the employee begins working with that person, in order to ensure the employee is aware of this policy and procedure. III. Any employee of this organization who does not comply with this policy is subject to additional training or disciplinary action, up to and including, termination. IV. An employee that feels he, she, or others are being harassed or discriminated against, or this policy is not being conformed to should: A. Follow POLICY AND PROCEDURE CONCERNING EMPLOYEES COMMUNICATING CONCERNS AND SUBMITTING GRIEVANCES (A-12). B. Contact Chris Wagner at 2802 Coho Street, Suite 101, Madison WI 53713, (888) 988-0024, who serves as Dungarvin’s Equal Opportunity Employment coordinator. V. Dissemination and training. A. Each new employee will receive a copy of the Equal Opportunity Employment Statement and an orientation to the policy and affirmative action/civil rights compliance plan during personnel orientation. B. This policy will be maintained in all policy books to which each employee has access. C. Each supervisor will annually review this policy and the affirmative action/civil rights compliance plan with every employee. D. A copy of the complete affirmative action plan will be made available to all employees and annual training on this topic. E. The Equal Opportunity Employment policy statement and nondiscrimination posters will be displayed in areas available to applicants and employees. If posting is not possible, both items will be placed in a location accessed and reviewed by employees (such as the staff notebook or site policy book). VI. Affirmative Action/Civil Rights Compliance plan. A. Dungarvin has a written AA/CRC plan to achieve full utilization of minorities, persons with disabilities, and women at all levels and in all segments of the workforce. B. The results of the program will be reviewed annually and modified as necessary to achieve stated objectives. C. The plan is available to any employee upon request to the employee’s supervisor.
- Policy exceptions.
Any exception to this policy must be made in consultation with the chief operating officer. REFERENCED POLICIES POLICY AND PROCEDURE CONCERNING EMPLOYEES COMMUNICATING CONCERNS AND SUBMITTING GRIEVANCES A-12 RELATED POLICIES POLICY AND PROCEDURE CONCERNING ORIENTATION PERIODS, PROBATION, SUSPENSION AND TERMINATION A-1POLICY AND PROCEDURE CONCERNING WAGE AND SALARY DETERMINATION A-2POLICY AND PROCEDURE CONCERNING RECRUITING, INTERVIEWING AND HIRING OF PERSONNEL A-18 Approved: Patti Mueller, Senior Director