GBH Respectful Workplace Policy

1.0 Introduction

WGBH Educational Foundation (“GBH”) is an equal opportunity employer. Our workforce is diverse, and we wish to foster that diversity in our workplace. Fostering diversity is consistent with our business and Foundation goals.

2.0 Objective

GBH’s objective is to provide its employees a workplace that is inclusive, respectful, and free of harassment, intimidation or discrimination because of a person’s race, religion, color, sex/gender, gender identity and gender expression, age, marital status, national origin, sexual orientation, citizenship, handicap or disability, veteran or military status, political belief, pregnancy, genetic information or any other characteristic protected by law (in accordance with local, state and federal employment discrimination and disability laws and regulations). Harassment, intimidation or discrimination because of such characteristics is illegal, and GBH will not tolerate such conduct. In addition to addressing conduct that meets the legal definition of harassment, discrimination or retaliation, this policy is intended to address other unacceptable workplace conduct, such as bullying and intimidation, and similar conduct that is threatening, abusive or demeaning toward others. Please note that nothing in this policy is intended to interfere with, restrain or prevent employee communications regarding wages, hours, and other terms and conditions of employment or to interfere with any rights protected by the National Labor Relations Act or other applicable laws.

3.0 Our Policy

To promote a safe and discrimination-free workplace for all employees, GBH has adopted this policy to describe:

• what conduct is prohibited and will not be tolerated;

• what an employee should do if subjected to harassment, intimidation or discrimination;

• what an employee should do if he or she observes harassment, intimidation or discrimination; and

• what will occur if this policy is violated.

GBH has taken every effort to identify what conduct will not be tolerated. However, it is impossible to identify all conduct that is harassing, intimidating, discriminating or otherwise disrespectful. Employees should interpret this policy broadly.

This policy applies both in the workplace and in other settings in which you may find yourself in connection with your employment at GBH. For example, the policy applies in our offices at all locations, at GBH-sponsored events, at places where you travel in the course of your work with GBH, and at gatherings for GBH employees that take place outside the workplace.

This policy applies to all individuals who come into contact with GBH. Harassment, intimidation, and discrimination will not be tolerated by any employee, contractor, guest or visitor, supplier, vendor, member, donor, sponsor, or client.

Finally, GBH prohibits retaliation against any person who complains or reports conduct that violates or may violate this policy. Retaliation is illegal and will not be tolerated by GBH. GBH will not tolerate and specifically prohibits any retaliation against an individual who has:

• complained about harassment, intimidation, or discrimination;

• cooperated with an internal investigation of harassment, intimidation, or discrimination; or

• filed a complaint, testified, assisted or participated in any manner in an investigation, proceeding or hearing conducted by a state or federal agency.

Sexual harassment is not only prohibited by GBH, but it is also prohibited by state, federal, and, where applicable, local law.

GBH takes allegations of harassment, intimidation, discrimination and retaliation seriously. GBH will respond promptly to complaints of such conduct, and where it is determined that inappropriate conduct has occurred, we will act promptly to eliminate the conduct and impose such corrective action as is necessary, including disciplinary action, up to and including termination, where appropriate.

Please note that while this policy sets forth our goals of promoting a workplace that is free of harassment, intimidation, discrimination and retaliation, the policy is not designed or intended to limit our authority to discipline or take remedial action for workplace conduct which we deem unacceptable, regardless of whether that conduct satisfies the legal definition of harassment, intimidation, discrimination or retaliation.

4.0 Definition of Sexual Harassment

"Sexual harassment" means sexual advances, requests for sexual favors, and verbal or physical conduct of a sexual nature when:

(a) submission to or rejection of such advances, requests or conduct is made either explicitly or implicitly a term or condition of employment or as a basis for employment decisions; or

(b) such advances, requests or conduct have the purpose or effect of unreasonably interfering with an individual's work performance by creating an intimidating, hostile, humiliating or sexually offensive work environment.

Under these definitions, direct or implied requests by a supervisor for sexual favors in exchange for actual or promised job benefits such as favorable reviews, salary increases, promotions, increased benefits, or continued employment constitutes sexual harassment.

The legal definition of sexual harassment is broad and in addition to the above examples, other sexually oriented conduct, whether it is intended or not, that is unwelcome and has the effect of creating a workplace environment that is hostile, offensive, intimidating, or humiliating to male or female workers may also constitute sexual harassment <div class="handy-tip-dialog wiki-content"> <p><span>As defined under Massachusetts, California and federal law. California law also describes harassment because of sex as including sexual harassment, gender harassment, and harassment based on pregnancy, childbirth or related medical conditions. </span></p> </div> .

While it is not possible to list all those additional circumstances that may constitute sexual harassment, the following are some examples of conduct which if unwelcome, may constitute sexual harassment depending upon the totality of the circumstances including the severity of the conduct and its pervasiveness:

• Unwelcome or unwanted sexual advances -- whether they involve physical touching or not;

• Offering employment benefits in exchange for sexual favors;

• Making or threatening reprisals after a negative response to sexual advances;

• Sexual epithets, jokes, written or oral references to sexual conduct, gossip regarding one's sex life, comment on an individual's body, comment about an individual's sexual activity, deficiencies, or prowess;

• Sexual innuendos or insinuations;

• 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 e-mails, letters, notes or invitations;

• Displaying sexually suggestive objects, pictures, cartoons, web sites, e-mails, screensavers;

• Unwelcome leering, whistling, brushing against the body, sexual gestures, suggestive, derogatory orinsulting comments;

• Physical conduct such as touching, assault, or impeding or blocking movements;

• Inquiries into one's sexual experiences; and

• Discussion of one's sexual activities.

Employees of every level who engage in sexual harassment, including managers and supervisors who either engage in sexual harassment or knowingly allow such behavior to continue, will be held accountable for such misconduct.

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.

All employees should take special note that, as stated above, retaliation is unlawful, and GBH will not tolerate retaliation against an individual who has complained about sexual harassment or intimidation, who has cooperated with an investigation of a sexual harassment complaint, or who has filed a complaint, testified, assisted or participated in any manner in an investigation, proceeding or hearing conducted by a state or federal agency.

5.0 Harassment, Intimidation, or Discrimination on the Basis of Other Protected Characteristics

Conduct directed to an employee on the basis of another protected characteristic as identified in Section 2 that has the purpose or effect of unreasonably interfering with an employee’s work performance by creating an intimidating, hostile, humiliating or offensive work environment is considered harassment or intimidation and will not be tolerated by GBH. Such conduct may include, but is not limited to:

• Pranks,

• Obscenities;

• Slurs;

• Threats;

• Racial, ethnic or other such jokes or remarks;

• Obscene gestures;

• Physical conduct, such as touching, assault, or impeding or blocking movements;

• Bullying;

• Negative innuendos and insinuations; and

• Comments or expressions of stereotyping

6.0 Complaints or Reports of Conduct Prohibited by this Policy

If you believe that you have been subjected to harassment, intimidation or discrimination related to a protected characteristic, other disrespectful or abusive workplace conduct, or retaliation, you have the right file a complaint with GBH and are encouraged to report such conduct to GBH. This may be done in writing or orally. GBH requests that you complain or notify it of such conduct so that GBH may intervene and address any such conduct.

GBH employees who would like to file a complaint, report a conduct in violation of this policy, or discuss any concerns they may have, should do so by following the steps outlined on GBH’s intranet or contacting the Human Resources department. GBH also provides for confidential and/or anonymous reporting via an independent third-party organization that collects reports and forwards them to GBH management for follow-up. The confidentiality of reporters is maintained and assured. GBH’s efforts to comply with nondiscrimination obligations are coordinated by Human Resources.

You can find information about this policy and the complaint process from Human Resources and/or EthicsPoint, our confidential whistleblower system. EthicsPoint can be found at www.ethicspoint.com or by calling 1-888-359-6297. EthicsPoint is an independent third-party organization that collects reports and forwards them to GBH management for follow- up. Confidentiality of reporters to EthicsPoint is maintained and assured. GBH’s efforts to comply with nondiscrimination obligations are coordinated by Donna Fernandes.

If you observe or witness conduct that you believe may be harassment, intimidation, discrimination, retaliation or other conduct prohibited by this policy, you should report such conduct pursuant to the complaint procedure outlined above. Your report will enable GBH to investigate and put a stop to any such behavior.

Please be advised that this complaint and reporting procedure should be used with respect to conduct by employees, contractors, guests or visitors, suppliers, vendors, members, donors, sponsors, or clients.

7.0 Investigations and Your Confidentiality

When GBH receives a complaint, we will promptly investigate the allegation in a fair and expeditious manner. The investigation will be conducted in such a way as to maintain confidentiality to the extent practicable under the circumstances.

Our investigation will include a private interview with the person filing the complaint and with any witnesses or others who may have pertinent information. We will also interview the person alleged to have committed the harassment or intimidation.

When we have completed our investigation, we will, to the extent appropriate, inform the person filing the complaint and the person alleged to have committed the conduct of the results of that investigation. If it is determined by GBH that inappropriate conduct has occurred, we will act promptly to eliminate the offending conduct, and where it is deemed appropriate by the Foundation, we will also impose disciplinary action, up to and including termination of employment, as set forth below.

8.0 Disciplinary Actions

If it is determined that inappropriate conduct has been committed by one of our employees, we will take such action as is appropriate under the circumstances. Such action may include counseling, verbal warning, written warning, suspension or termination of employment, and may include such other forms of disciplinary action as we deem appropriate under the circumstances.

Should it be determined that inappropriate conduct has been committed by anyone other than an employee, such as, but not limited to a contractor, guest or visitor, supplier, vendor, member, donor, sponsor, or client, GBH will take such actions as it deems appropriate to remedy the situation.

9.0 State and Federal Remedies

In addition to the above, if you believe you have been subjected to harassment or discrimination on the basis of a protected characteristic, retaliation or other conduct prohibited by the law, you may file a formal complaint with the government agencies set forth below. Using our complaint and reporting process does not prohibit you from filing a complaint with these agencies.

Below you will find information on local government agencies. 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. If you work in a state not listed below, please consult your local state government website for local state contact information, and/or with the United States Equal Employment Opportunity Commission (EEOC) at www.eeoc.gov.

In Massachusetts:

In Massachusetts, you may file a complaint with the Equal Employment Opportunity Commission and/or the Massachusetts Commission Against Discrimination. You must file a complaint within 300 days of the alleged discriminatory act. Contact information is as follows:

1. United States Equal Employment Opportunity Commission (EEOC)

2. Massachusetts Commission Against Discrimination (MCAD)

In New York:

In New York, you may file a complaint with the New York State 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 Human Rights Law (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. You may also file a complaint with the Equal Employment Opportunity Commission. An individual can file a complaint with the EEOC anytime within 300 days of the allegedly discriminatory act. Contact information is as follows:

1. NYS Division of Human Rights

2. United States Equal Employment Opportunity Commission (EEOC)

In California:

In California, you may file a complaint with the California Department of Fair Employment and Housing within one year of the alleged discriminatory act, and with the Equal Employment Opportunity Commission within 300 days of the allegedly discriminatory act. Contact information is as follows:

1. United States Equal Employment Opportunity Commission (EEOC)

2. California Department of Fair Employment and Housing

	File	Modified
	PDF File A0601_Respectful Workplace Policy_legal wiki.pdf	May 05, 2021 by Kate Van Sleet
	Labels No labels Preview View