HARASSMENTIt is the policy of Workway that there shall be no harassment of any employee based on sex, pregnancy, childbirth or related medical conditions, race, religious creed, color, national origin or ancestry, physical or mental disability, medical condition, marital status, age, sexual orientation or any other basis protected by federal, state or local law or ordinance or regulation. This anti-harassment policy applies to all persons involved in the operation of Workway and prohibits unlawful harassment by any employee of Workway, including supervisors and co-employees.
Sexual harassment violates the provisions of the Fair Employment and Housing Act, specifically California Government Code Sections 12940(a), (h), and (i). The harasser, as well as any management representative who knew about the harassment and condoned or ratified it, can be held personally liable for damages. The Fair Employment and Housing Act defines harassment because of sex as including sexual harassment, gender harassment, and harassment based on pregnancy, childbirth, or related medical conditions. The Fair Employment and Housing Commission regulations define sexual harassment as unwanted sexual advances, or visual, verbal or physical conduct of a sexual nature. This definition includes many forms of offensive behavior and includes gender-based harassment of a person of the same sex as the harasser; the following is a partial list:
- Unwanted sexual advances.
- Offering employment benefits in exchange for sexual favors.
- Making or threatening reprisals after a negative response tosexual advances.
- Visual conduct: leering, making sexual gestures, displaying of sexually suggestive objects or pictures, cartoons or posters.
- Verbal conduct: making or using derogatory comments, epithets, slurs, and jokes.
- Verbal sexual advances or propositions.
- Verbal abuse of a sexual nature, graphic verbal commentaries about an individual's body, sexually degrading words used to describe an individual, suggestive or obscene letters, notes, or invitations.
- Physical conduct: touching, assault, impeding or blocking movements.
If you believe that you have been unlawfully harassed or subject to inappropriate behavior, whether by a co-employee or a supervisor or an outside vendor, you need to report the incident to your supervisor immediately. Try to provide details of the incident or incidents, names of the individuals involved and names of any witnesses. All supervisors are required to report the incident to Workway management for investigation. Workway will immediately undertake a thorough and objective investigation of the allegations.
If it is determined that inappropriate behavior has occurred, effective remedial action will be taken commensurate with the severity of the offense. Any employee determined by Workway to be responsible for inappropriate behavior will be subject to appropriate disciplinary action, up to and including termination. Workway representative will advise all parties concerned of the results of the investigation. Workway will not retaliate against you for filing a good faith complaint and will not tolerate or permit retaliation by any employee.
Workway encourages all employees to report any incidents of harassment forbidden by this policy immediately so that complaints can be quickly and fairly resolved.
This policy shall not be used to bring frivolous or malicious complaints against supervisors or employees. If a complaint has been made in bad faith, disciplinary action will be taken against the person bringing the complaint.
In all cases of alleged harassment and sexual harassment, complaints and proceedings will be subject to Workway's legal obligations to assure resolution and will be kept confidential to the extent permitted by law. In all cases, Workway will make every effort to prevent public disclosure of the names of all parties involved, except to the extent necessary to carry out a thorough investigation.