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USA Operations Centers Harassment Policy May 2017
As this policy is reviewed, please note the following State/Area for which exceptions exist:
California
Illinois
This policy reviews Joyner's Harassment Policy. Compliance with Joyner's policy is a matter of management and employee responsibility.
Harassment Policy Joyner is committed to a workplace environment where everyone is treated with respect and dignity. Joyner expects all workplace relationships to be of a professional nature and free of harassment, unlawful bias, and other offensive conduct.
We will not practice, tolerate, nor condone unlawful discrimination, including harassment, based on a person's status, such as, but not limited to: age, race, color, religion, sex, national origin, sexual orientation, gender identity, disability, genetic information, veteran status, or any other basis prohibited by law. We also will not tolerate offensive or otherwise unprofessional behavior which management determines is inappropriate in the workplace, even if it does not amount to unlawful harassment. Such behavior is inconsistent with our shared values of integrity and mutual trust.
This policy applies to conduct by or directed toward any Joyner employee, other worker, business associate, or customer in our workplace. It also applies to any business-related setting outside the workplace, including business trips, meetings, and social events.
What is Harassment?
Conduct -- verbal, nonverbal, or physical -- that denigrates or shows hostility or aversion toward another because of his or her status or the status of friends, relatives, or associates; and
Is known or ought reasonably to be known to be unwelcome or has the purpose or effect of unreasonably interfering with an individual's work performance by creating an intimidating, hostile, or offensive working environment.
Submitting to unwelcome advances or similar conduct is made a condition of employment;
Submitting to or rejecting unwelcome advances or similar conduct is used as the basis for a tangible employment action;
The conduct has the purpose or effect of unreasonably interfering with an individual's work performance by creating an intimidating, hostile, or offensive working environment; or
There is a course of comments or conduct of a sexual nature that is known or ought reasonably to be known to be unwelcome and offensive.
Examples of Harassment A variety of offensive and unwelcome behaviors may be considered harassment. The following nonexclusive list gives examples of conduct that are inappropriate in the workplace and may be considered unlawful:
Verbal - Epithets; slurs; negative stereotyping; degrading language or jokes; sexually explicit language or jokes; intimidating, hostile, or threatening comments or acts, suggestive or insulting sounds; mocking
Nonverbal or Visual - Written or graphic material that is sexually explicit or which denigrates an individual or group; leering; obscene gestures
Physical - Unwanted physical contact including touching, pinching, or brushing intentionally against another's body
What You Should Do If you believe you have witnessed or experienced discrimination, harassment or other offensive conduct in the workplace, or if you are aware of such behavior, you have a responsibility to report the behavior immediately to your supervisor, Human Resources, or a member of management using the Open Door Policy. If you feel you cannot use one of these avenues for any reason, you can report the incident confidentially to the Compliance Services & (Ethics) Hotline.
If you encounter harassment or other offensive conduct in the workplace, we encourage you to tell the person involved that the behavior is unwelcome and you would like it to stop. If you are not comfortable doing this, you should use the reporting procedure described above.
Management has a responsibility to understand the harassment policy and take appropriate action when they become aware of a potential harassment situation or other offensive conduct.
Management should advise any individual providing a statement that the contents of that statement will be kept as confidential as possible, consistent with our need to conduct an appropriate investigation and respond to the situation, and that the information must be reported to and discussed with Human Resources and upper management.
They will take all complaints of harassment or other offensive conduct seriously and will work with Human Resources to respond appropriately and in a timely manner.
Human Resources (HR) will take all complaints of harassment or other offensive conduct seriously and will respond to them in a timely manner. The Human Resources Department will investigate all complaints carefully and impartially. They will ask the parties involved and other witnesses, as appropriate, to provide information or respond to allegations. They will maintain confidentiality in the investigation process as much as reasonably possible, consistent with our obligation to investigate and respond to the complaint.
Based on the information available, if Human Resources determines that the Harassment Policy has been violated or that other inappropriate conduct has occurred or is occurring, they will report investigation results to management and work with management to ensure appropriate action is taken to end the conduct and prevent its recurrence. This may include employment action up to and including termination of employment. If the inappropriate conduct persists or your complaint is not resolved to your satisfaction, you should contact Human Resources, your Manager, the Compliance Services & (Ethics) Hotline, or another member of management immediately for further assistance.
No Retaliation Permitted Retaliation against anyone who reports a concern in good faith is never permitted at Joyner.
The following is unlawful and will not be tolerated:
Retaliation against an individual for reporting unlawful harassment or discrimination
Retaliation against an individual for participating in an investigation into allegations of unlawful harassment or discrimination
If you have witnessed or experienced behavior you believe to be retaliation, or if you are aware of such behavior, you have a responsibility to report the behavior immediately to Human Resources or a member of management.
Joyner will not tolerate any effort to avoid, hinder, or corrupt the complaint or investigation process, including refusal to cooperate with an investigation or knowingly making false statements to management or Human Resources during the complaint or investigation process. Such actions may result in employment action up to and including termination of employment.
If you have questions concerning this policy, please contact Human Resources or a member of management.
State Exceptions
California The California Fair Employment and Housing Act (FEHA) prohibits harassment and discrimination in employment based on the following: Race, Color, Religion, Sex (gender, gender identity, gender expression), Sexual Orientation, Marital Status, National Origin (including language use restrictions), Ancestry, Disability (mental and physical, including HIV and AIDS), Medical Condition (cancer/genetic characteristics and information), Age (40 and above), Request for Family Care Leave, Military or Veteran Status, Request for Leave for an Employee’s Own Serious Health Condition, Request for Pregnancy Disability Leave and Retaliation for reporting patient abuse in tax-supported institutions.
FEHA prohibits coworkers and third parties, as well as supervisors and managers, with whom the employee comes into contact from engaging in conduct prohibited by the FEHA.
Any complaints of discrimination and/or harassment subject to the FEHA will be designated as confidential to the extent possible, will receive a timely response, will be impartially and timely investigated by qualified personnel, will be documented and tracked for reasonable progress, will have appropriate options for remedial actions and resolutions and will be closed in a timely manner.
California supervisors should report any complaints of misconduct to Human Resources. Any allegations of misconduct will be thoroughly investigated in a fair and timely manner that provides all parties appropriate due process and reaches reasonable conclusions based on the evidence collected.
Confidentiality will be kept to the extent possible but the investigation will not be completely confidential. If at the end of the investigation misconduct is found, appropriate remedial measures will be taken. Employees will not be exposed to retaliation as a result of lodging a complaint or participating in any workplace investigation.
Harassment Policy (Illinois)
All persons, meaning any individual or corporation, subject to the Illinois Lobbyist Registration Act shall refrain from sexual harassment of any person. All persons have the right to work in an environment free from sexual harassment. Sexual harassment is strictly prohibited.
For purposes of this Harassment Policy (Illinois), "Sexual harassment" means any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when: (i) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; (ii) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or (iii) such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. For the purposes of this definition, the phrase "working environment" is not limited to a physical location an employee is assigned to perform his or her duties and does not require an employment relationship.
Joyner’s Harassment Policy, including this Harassment Policy (Illinois), shall be made available to any individual within two business days upon written request (including electronic requests). To request a copy, contact Human Resources and Employee Care.
If Joyner determines that the Harassment Policy (Illinois) has been violated and sexual harassment has occurred, management will take appropriate action to end the sexual harassment and prevent its recurrence. This may include employment action up to and including termination of employment.
To report allegations of sexual harassment, any person may contact his or her supervisor, Human Resources, or a member of management using the Open Door Policy. If anyone feels he or she cannot use one of these avenues for any reason to report allegations of sexual harassment, that person can report the incident confidentially to the Compliance Services & (Ethics) Hotline. Any individual may also report allegations of sexual harassment to the Office of Inspector General for the Illinois Secretary of State at 217-785-2012 or online at http://www.reportitnow.net/ or to the Illinois Department of Human Rights in Chicago at 312-814-6200 and in Springfield at 217-785-5100 or online at www.illinois.gov/dhr. Any person may contact any of these individuals, Departments, hotlines or agencies to report allegations of sexual harassment.
Retaliation for reporting sexual harassment allegations is strictly prohibited. Employees who report allegations of sexual harassment under this Harassment Policy (Illinois) are protected from retaliation by Joyner policy and by the whistleblower protections under the Illinois State Officials and Employee Ethics Act, the IllinoisWhistleblower Act, and the Illinois Human Rights Act.
If Joyner determines that retaliation in violation of the Harassment Policy, including this Harassment Policy (Illinois), or any applicable law has occurred, management will take appropriate action to end the retaliation and prevent its recurrence. This may include employment action up to and including termination of employment.
The Inspector General for the Illinois Secretary of State has jurisdiction to review any allegations of sexual harassment alleged against Joyner and/or lobbyists hired by Joyner.
A violation of Section 4.7 of the Illinois Lobbyist Registration Act or paragraph (d) of Section 5 of the Illinois Lobbyist Registration Act shall be considered a violation of the Illinois State Officials and Employees Ethics Act, subject to the jurisdiction of the Executive Ethics Commission and to all penalties under Section 50-5 of the Illinois State Officials and Employees Ethics Act, including but not limited to, being found guilty of a business offense and being subject to a fine of up to $5,000. Any penalty or injunction imposed by the Executive Ethics Commission shall be separate and distinct from any fines or penalties imposed by a court of law or by the Secretary of State under the Illinois Lobbyist Registration Act. In addition, any person convicted of a violation of paragraph (d) of Section 5 of the Illinois Lobbyist Registration Act shall be prohibited for a period of three years from the date of such conviction from lobbying.
Retaliation in violation of the Illinois Whistleblower Act includes: (1) retaliation against an employee who discloses information in a court, an administrative hearing, or before a legislative commission or committee, or in any other proceeding, or who discloses information to a government or law enforcement agency where the employee has reasonable cause to believe that the information discloses a violation of a State or federal law, rule or regulation; (2) retaliation against an employee for refusing to participate in an activity that would result in a violation of a State or federal law, rule or regulation; or (3) retaliation against an employee in the form of any act or omission, whether within or without the workplace, if the act or omission would be materially adverse to a reasonable employee and is because of the employee disclosing or attempting to disclose public corruption or wrongdoing.
A violation of the Illinois Whistleblower Act, including retaliation, is a Class A misdemeanor and can result in civil relief to make the employee whole, including reinstatement, back pay with interest, compensation for damages caused by the violation, including litigation costs, expert witness fees and attorney’s fees.
It is a violation of the Illinois Human Rights Act to retaliate against a person because he or she has opposed that which he or she reasonably and in good faith believes to be unlawful discrimination or sexual harassment, including making a charge, filing a complaint, testifying, assisting an investigation or participating in an investigation, proceeding or hearing.
A violation of the Illinois Human Rights Act may result in the issuance of a cease and desist order, the awarding of actual damages, hiring, promoting or upgrading the complainant with or without backpay, providing fringe benefits that were denied, paying the cost of maintaining the action, reporting the manner of compliance, posting required notices and taking such other actions as may be necessary to make the individual complainant whole.
If Joyner determines that anyone has knowingly made a false report of sexual harassment, management will take appropriate employment action up to and including termination of employment.
The consequences for knowingly making a false report required by the Illinois Lobbyist Registration Act, including knowingly making a false report as required by paragraph (d) of Section 5 of the Act, may include being found guilty of a business offense and being fined not more than $10,000 for each such violation.