Harassment is a form of employment discrimination that violates Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, (ADEA), and the Americans with Disabilities Act of 1990, (ADA).
Harassment is unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. Harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. Anti-discrimination laws also prohibit harassment against individuals in retaliation for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or lawsuit under these laws; or opposing employment practices that they reasonably believe discriminate against individuals, in violation of these laws.
Petty slights, annoyances, and isolated incidents (unless extremely serious) shall not rise to the level of illegality. To be unlawful, the conduct shall create a work environment that would be intimidating, hostile, or offensive to reasonable people.
Offensive conduct may include, but is not limited to, offensive jokes, slurs, epithets or name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work performance. Harassment can occur in a variety of circumstances, including, but not limited to, the following:
- The harasser can be the victim’s supervisor, a supervisor in another area, an agent of the employer, a co-worker, or a non-employee.
- The victim does not have to be the person harassed, but can be anyone affected by the offensive conduct.
- Unlawful harassment may occur without economic injury to, or discharge of, the victim.
Prevention is the best tool to eliminate harassment in the workplace. The Arc shall take appropriate steps to prevent and correct unlawful harassment. We shall clearly communicate to employees that unwelcome harassing conduct shall not be tolerated and employees shall feel free to raise concerns and be confident that those concerns shall be addressed.
Employees are encouraged to inform the harasser directly that the conduct is unwelcome and shall stop. Employees shall also report harassment to their supervisor at an early stage to prevent its escalation.
If the employee does not feel that the supervisor is a suitable person to whom to report the incident, the employee shall contact The Arc Executive Director, President, or chairperson of the Personnel Committee.
The Arc shall investigate and take steps necessary to resolve the problem, which may include verbal or written reprimand, suspension, or termination.