Jack Byrne Ford Employee Handbook
Introduction
Jack Byrne Ford is committed to
maintaining a workplace free from sexual harassment. Sexual
harassment is a form of workplace discrimination. All employees are
required to work in a manner that prevents sexual harassment in the
workplace. This Policy is one component of Jack Byrne Ford
commitment to a discrimination-free work environment. Sexual
harassment is against the law[1]
and all employees have a legal right to a workplace free from sexual
harassment and employees are urged to report sexual harassment by
filing a complaint internally with Jack Byrne Ford.
Employees can also file a complaint with a government agency or in
court under federal, state or local antidiscrimination laws.
[1]
While this policy specifically addresses sexual harassment,
harassment because of and discrimination against persons of
all protected classes is prohibited. In New York State, such
classes includeage, race, creed, color,
national origin, sexual orientation, military status, sex,
disability, marital status, domestic violence victim status,
gender identity and criminal history.
Policy:
1. Jack
Byrne Ford’s Sexual Harassment Policy applies to all employees,
applicants for employment, interns, whether paid or unpaid,
contractors and persons conducting business, regardless of
immigration status with Jack Byrne Ford.
2.
Sexual harassment will not be tolerated. Any employee or individual
covered by this policy who engages in sexual harassment or
retaliation will be subject to remedial and/or disciplinary action
(e.g., counseling, suspension, termination).
3. Retaliation Prohibition: No person covered by this Policy shall be subject to adverse action because the employee reports an incident of sexual harassment, provides information, or otherwise assists in any investigation of a sexual harassment complaint. Jack Byrne Ford will not tolerate such retaliation against anyone who, in good faith, reports or provides information about suspected sexual harassment. Any employee of Jack Byrne Ford who retaliates against anyone involved in a sexual harassment investigation will be subjected to disciplinary action, up to and including termination. All employees, paid or unpaid interns, or non-employees[2] working in the workplace who believe they have been subject to such retaliation should inform a supervisor, manager, or Jack Jr. All employees, paid or unpaid interns or non-employees who believe they have been a target of such retaliation may also seek relief in other available forums, as explained below in the section on Legal Protections.
[2]
A non-employee is someone who is (or is employed by) a
contractor, subcontractor, vendor, consultant, or anyone
providing services in the workplace. Protected non-employees
include persons commonly referred to as independent
contractors, “gig” workers and temporary workers. Also
included are persons providing equipment repair, cleaning
services or any other services provided pursuant to a
contract with the employer.
4.
Sexual harassment is offensive, is a violation of our policies, is
unlawful, and subjects Jack Byrne Ford to liability for harm to
targets of sexual harassment. Harassers may also be individually
subject to liability. Employees of every level who engage in sexual
harassment, including managers and supervisors who engage in sexual
harassment or who knowingly allow such behavior to continue, will be
penalized for such misconduct.
5. Jack
Byrne Ford will conduct a prompt, and thorough
investigation that ensures due process for all parties, whenever
management receives a complaint about sexual harassment, or
otherwise knows of possible sexual harassment occurring. Jack
Byrne Ford will keep the investigation confidental to the extent
possible. Effective
corrective action will be taken whenever sexual harassment is found
to have occurred. All employees, including managers and supervisors,
are required to cooperate with any internal investigation of sexual
harassment.
6. All
employees are encouraged to report any harassment or behaviors that
violate this policy. Jack Byrne Ford will provide all employees a
complaint form for employees to report harassment and file
complaints.
7.
Managers and supervisors are required to report any complaint that
they receive, or any harassment that they observe to General
Manager.
8. This
policy applies to all employees, paid or unpaid interns, and
non-employees and all must follow and uphold this policy. This
policy must be provided to all employees and posted prominently in all work locations
to the extent practicable and be
provided to employees upon hiring.
What Is “Sexual
Harassment”?
Sexual
harassment is a form of sex discrimination and is unlawful under
federal, state, and (where applicable) local law. Sexual harassment
includes harassment on the basis of sex, sexual orientation, gender
identity and the status of being transgender.
Sexual
harassment includes unwelcome conduct which is either of a sexual
nature, or which is directed at an individual because of that
individual’s sex when:
Such conduct has the purpose or effect of unreasonably interfering
with an individual’s work performance or creating an intimidating,
hostile or offensive work environment, even if the complaining
individual is not the intended target of the sexual harassment;
Such conduct is made
either explicitly or implicitly a term or condition of employment;
or
Submission to or rejection
of such conduct is used as the basis for employment decisions
affecting an individual’s employment.
A
sexually harassing hostile work environment consists of words,
signs, jokes, pranks, intimidation or physical violence which are of
a sexual nature, or which are directed at an individual because of
that individual’s sex. Sexual harassment also consists of any
unwanted verbal or physical advances, sexually explicit derogatory
statements or sexually discriminatory remarks made by someone which
are offensive or objectionable to the recipient, which cause the
recipient discomfort or humiliation, which interfere with the
recipient’s job performance.
Sexual harassment also occurs when a person in
authority tries to trade job benefits for sexual favors. This can
include hiring, promotion, continued employment or any other terms,
conditions or privileges of employment. This is also called “quid
pro quo” harassment.
Any
employee who feels harassed should complain so that any violation of
this policy can be corrected promptly. Any harassing conduct, even a
single incident, can be addressed under this policy.
Examples
of sexual harassment
The following
describes some of the types of acts that may be unlawful sexual
harassment and that are strictly prohibited:
·
Physical
acts of a sexual nature, such as:
o
Touching,
pinching, patting, kissing, hugging, grabbing, brushing against
another employee’s body or poking another employee’s body;
o
Rape,
sexual battery, molestation or attempts to commit these assaults.
·
Unwanted
sexual advances or propositions, such as:
o
Requests
for sexual favors accompanied by implied or overt threats concerning
the target’s job performance evaluation, a promotion or other job
benefits or detriments;
o
Subtle or
obvious pressure for unwelcome sexual activities.
·
Sexually
oriented gestures, noises, remarks or jokes, or comments about a
person’s sexuality or sexual experience, which create a hostile work
environment.
·
Sex
stereotyping occurs when conduct or personality traits are
considered inappropriate simply because they may not conform to
other people's ideas or perceptions about how individuals of a
particular sex should act or look.
·
Sexual or
discriminatory displays or publications anywhere in the workplace,
such as:
o
Displaying
pictures, posters, calendars, graffiti, objects, promotional
material, reading materials or other materials that are sexually
demeaning or pornographic. This includes such sexual displays on
workplace computers or cell phones and sharing such displays while
in the workplace.
·
Hostile
actions taken against an individual because of that individual’s
sex, sexual orientation, gender identity and the status of being
transgender, such as:
o
Interfering with, destroying or damaging a person’s workstation,
tools or equipment, or otherwise interfering with the individual’s
ability to perform the job;
o
Sabotaging
an individual’s work;
o
Bullying,
yelling, name-calling.
Who can be a target of sexual
harassment?
Sexual
harassment can occur between any individuals, regardless of their
sex or gender. New York Law protects employees, paid or unpaid
interns, and non-employees, including independent contractors, and
those employed by companies contracting to provide services in the
workplace. Harassers can be a superior, a
subordinate, a coworker or anyone in the workplace including an
independent contractor, contract worker, vendor, client, customer or
visitor.
Where can sexual
harassment occur?
Unlawful
sexual harassment is not limited to the physical workplace itself.
It can occur while employees are traveling for business or at
employer sponsored events or parties. Calls, texts, emails, and
social media usage by employees can constitute unlawful workplace
harassment, even if they occur away from the workplace premises, on
personal devices or
during non-work hours.
What is “Retaliation”?
Unlawful
retaliation can be any action that would keep a worker from coming
forward to make or support a sexual harassment claim. Adverse action
need not be job-related or occur in the workplace to constitute
unlawful retaliation e.g., threats of physical violenceoutside of
work hours).
Such
retaliation is unlawful under federal, state, and (where applicable)
local law. The New York State Human Rights Law protects any
individual who has engaged in “protected activity.” Protected
activity occurs when a person has:
·
made a complaint of
sexual harassment, either internally or with any anti-discrimination
agency;
· testified or assisted in a
proceeding involving sexual harassment under the Human Rights Law or
other anti-discrimination law;
· opposed sexual harassment
by making a verbal or informal complaint to management, or by simply
informing a supervisor or manager of harassment;
·
reported that another
employee has been sexually harassed; or
· encouraged a fellow
employee to report harassment.
Even if
the alleged harassment does not turn out to rise to the level of
a violation of law, the individual is protected from retaliation
if the person had a good faith belief that the practices were
unlawful. However, the retaliation provision is not intended to
protect persons making intentionally false charges of
harassment.
Reporting Sexual
Harassment
Preventing sexual harassment
is everyone’s responsibility. Jack Byrne Ford cannot prevent or
remedy sexual harassment unless it knows about it. Any employee,
paid or unpaid intern or nonemployee who has been subjected to
behavior that may constitute sexual harassment is encouraged to
report such behavior to a supervisor, manager or General Manager.
Anyone who witnesses or becomes aware of potential instances of
sexual harassment should report such behavior to a supervisor,
manager or General Manager.
Reports
of sexual harassment may be made verbally or in writing. A form for
submission of a written complaint is attached to this Policy, and
all employees are encouraged to use this complaint form. Employees
who are reporting sexual harassment on behalf of other employees
should use the complaint form and note that it is on another
employee’s behalf.
Employees, paid or unpaid interns or
non-employees who believe they have been a victim of sexual
harassment may also seek assistance in other available forums, as
explained below in the section on Legal Protections.
Supervisory
Responsibilities
All
supervisors and managers who receive a complaint or information
about suspected sexual harassment, observe what may be sexually
harassing behavior or for any reason suspect that sexual harassment
is occurring, are required to report such suspected sexual harassment to the
General Manager.
In addition to being subject to discipline if
they engaged in sexually harassing conduct themselves, supervisors
and managers will be subject to discipline for failing to report
suspected sexual harassment or otherwise knowingly allowing sexual
harassment to continue.
Supervisors
and managers will also be subject to discipline for engaging in any
retaliation.
Complaint And
Investigation Of Sexual Harassment
All complaints or information about sexual harassment will
be investigated, whether that information was reported in verbal or
written form. Investigations will be conducted in a timely manner,
and will be confidential to the extent possible.
An
investigation of any complaint, information or knowledge of
suspected sexual harassment will be prompt and thorough, commenced
immediately and completed as sonn as possible. The investigation will be confidential
to the extent possible. All persons involved, including
complainants, witnesses and alleged perpetrators will be accorded
due process to protect their rights to a fair and impartial
investigation.
Any employee may be required to cooperate as needed in an investigation of suspected sexual harassment. Jack Byrne Ford will not tolerate retaliation against employees who file complaints, support another's complaint or participate in an investigation regarding a violation of this policy.
While
the process may vary from case to case, investigations
will be done in accordance with the following steps:
1.
Upon
receipt of complaint, General Manager will conduct an
immediate review of the allegations, and take any interim actions,
(e.g.., instructing the respondent to refraim from communications
with the complainant),
as appropriate. If complaint is verbal, encourage the individual to
complete the “Complaint Form” in writing. If he or she refuses,
prepare a Complaint Form based on the verbal reporting.
2.
If
documents, emails or phone records are relevant to the Investigation,
take steps to obtain and preserve them.
3.
Request
and review all relevant documents, including all electronic
communications.
4.
Interview
all parties involved, including any relevant witnesses;
5.
Create
a written documentation of the investigation (such as a letter, memo
or email), which contains the following:
a.
A list of all documents reviewed,
along with a detailed summary of relevant documents;
b.
A list of names of those interviewed,
along with a detailed summary of their statements; timeline of
events;
c.
A summary of prior relevant
incidents, reported or unreported; and
d.
The final resolution of the
complaint, together with any corrective actions action(s).
6.
Keep
the written documentation and associated documents in a secure and
confidential location.
7.
Promptly
notify the individual who reported and the individual(s) about whom
the complait was made of the final determination and implement any corrective
actions identified in the written document.
8.
Inform
the individual who reported of their right to file a complaint or
charge externally as outlined in the next section.
Legal Protections And
External Remedies
Sexual
harassment is not only prohibited by Jack ByrneFord but is also
prohibited by state, federal, and, where applicable, local law.
Aside from the internal process at Jack Byrne Ford, employees may also choose to pursue legal remedies with the following governmental entities. While a private attorney is not required to file a complaint with a governmental agancy, you may seek the legal advice of an attorney.
New York State Division of
Human Rights (DHR)
The
Human Rights Law (HRL), codified as N.Y. Executive Law, art. 15, §
290 et seq., applies to employers in New York State with regard to
sexual harassment, and protects employees, paid or unpaid interns
and non-employees regardless of immigration status. A complaint
alleging violation of the Human Rights Law may be filed either with
Division of Human Rights (DHR) or in New York State Supreme Court.
Complaints
with DHR may be filed any time
within one year of the
harassment. If an individual did not file at DHR, they can sue
directly in state court under the HRL, within three years of the
alleged discrimination. An individual may not file with DHR if they
have already filed a HRL complaint in state court.
Complaining
internally to Jack Byrne Ford does not extend your time to file with
DHR or in court. The one year or three years is counted from date of
the most recent incident of harassment.
You do
not need an attorney to file a complaint with DHR, and there is no
cost to file with DHR.
DHR will
investigate your complaint and determine whether there is probable
cause to believe that sexual harassment has occurred. Probable cause
cases are forwarded to a public hearing before an administrative law
judge. If sexual harassment is found after a hearing, DHR has the power
to award relief, which varies but may include requiring your
employer to take action to stop the harassment, or redress the
damage caused, including paying monetary damages, attorney’s fees
and civil fines.
DHR’s main office contact information is: NYS
Division of Human Rights, One Fordham Plaza, Fourth Floor, Bronx,
New York 10458, (718) 741-8400,
www.dhr.ny.gov
Contact DHR at (888) 392-3644 or visit
dhr.ny.gov/complaint for more information about filing a complaint.
The website has a complaint form that can be downloaded, filled out,
notarized and mailed to DHR. The website also contains contact
information for DHR’s regional offices across New York State.
United
States Equal Employment Opportunity Commission (EEOC)
The
United State Equal Employment Opportunity Commissiom (EEOC)
enforces federal anti-discrimination laws, including Title VII of
the 1964 federal Civil Rights Act (codified as 42 U.S.C. § 2000e et
seq.). An individual can file a complaint with the EEOC anytime
within 300 days from the harassment. There is no cost to file a
complaint with the EEOC. The EEOC will investigate the complaint,
and determine whether there is reasonable cause to believe that
discrimination has occurred, at which point the EEOC will issue a
Right to Sue letter permitting the individual to file a complaint in
federal court.
The EEOC
does not hold hearings or award relief, but may take other action
including pursuing cases in federal court on behalf of complaining
parties. Federal courts may award remedies if discrimination is
found to have occurred.
If an
employee believes that he/she has been discriminated against at
work, he/she can file a “Charge of Discrimination.” The EEOC has
district, area, and field offices where complaints can be filed.
Contact the EEOC by calling 1-800-669-4000 (1-800-669-6820 (TTY)),
visiting their website at www.eeoc.gov or via email at
info@eeoc.gov
If an
individual filed an administrative complaint with DHR, DHR will file
the complaint with the EEOC to preserve the right to proceed in
federal court.
Local Protections
Many
localities enforce laws protecting individuals from sexual
harassment and discrimination. An individual should contact the
county, city or town in which they live to find out if such a law
exists. For example, employees who work in New York City may file
complaints of sexual harassment with the New York City Commission on
Human Rights. Contact their main office at Law Enforcement Bureau of
the NYC Commission on Human Rights, 40 Rector Street, 10th Floor,
New York, New York; call 311 or (212) 306-7450; or visit
www.nyc.gov/html/cchr/html/home/home.shtml
Contact
the Local Police Department
If the
harassment involves physical touching, coerced physical confinement
or coerced sex acts, the conduct may constitute a crime. Contact the
local police department.