HARASSMENT AND RETALIATION POLICY

GOAL
Cottage Health System (CHS) is committed to providing a work environment that is free of illegal harassment and prohibits harassment on any basis protected by state and/or federal law, including sexual harassment.  CHS is also committed to ensuring that persons who make good faith complaints or reports to management concerning harassment are not the subject of retaliation.

POLICY
All forms of illegal harassment in the workplace, including sexual, harassment, are prohibited.  This policy applies to employees, supervisors, agents or vendors, and patients or guests of CHS who have contact with CHS employees during working hours.  Complaints of harassment are investigated thoroughly and promptly, and timely corrective action is taken with any person who has engaged in harassment.  Retaliation against persons who make good faith complaints or reports of harassment, or who participate in investigations, is also prohibited.

In addition to sexual harassment, CHS prohibits any other form of harassment or intimidation in the workplace that is based on an employee’s protected status, whether it be the employee’s race, national origin, religion, ancestry, age, sex, sexual orientation, gender identity or physical or mental disability.

DEFINITIONS
Illegal Harassment:  Federal and state law provide that it is illegal for any person or employer to discriminate against any employee on the basis of age (40+), sex, race, religion, color, national origin, physical or mental disability, sexual orientation, veteran status, or marital status.  Harassment of an employee on the basis of any of the listed characteristics is illegal because such harassment is a form of discrimination.   Conduct that is included as being offensive and unacceptable is any form of teasing or joking because of one’s protected status.

Sexual Harassment:  Unwelcome 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 either of a person of the opposite sex as the harasser or of the same sex.  Examples of harassment are: 

• 1)  Unwanted sexual advances;
• 2) Offering employment benefits in exchange for sexual favors;
• 3) Making or threatening reprisals after a negative response to sexual advances;
• 4) Visual conduct:  Leering, making sexual gestures, displaying sexually suggestive objects or pictures, cartoons, or posters;
• 5)  Verbal conduct:  making or using derogatory comments, epithets, slurs, and jokes;
• 6)  Verbal sexual advances or propositions;
• 7)  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;
• 8)  Physical conduct:  touching, assault, impeding or blocking movements.

Retaliation:  Federal and state law provide that it is illegal for any person or employer to take any action or engage in conduct reasonably perceived as being intended to punish or deter an individual because the individual has made a report or complaint of harassment, or has participated in an investigation of claimed harassment.

PROCEDURE:

Any employee who believes he/she has been harassed or retaliated against must promptly report the facts of the incident and the names of the individual(s) involved to his/her Manager/Director, the Human Resources Department, and/or another management individual with whom he/she is comfortable.  It is recommended, but not required, that reports be made in writing.  Reports of harassment or retaliation may also be directed to the California Department of Fair Employment and Housing or the United States Equal Employment Opportunity Commission, contact information for which may be found in the government section of the telephone directory.

Managers/Directors who receive reports of harassment or retaliation, whether or not in writing, must immediately report the incident to Human Resources.  “Immediately” means the same day the report is made, even if that requires that the initial report to Human Resources be made via voicemail.  It is recommended, but not required, that reports be made in writing when possible.

Human Resources will conduct a confidential and timely investigation of all such claims and if the claim is substantiated, appropriate corrective action is taken.  Confidentiality will be maintained to the extent possible consistent with an appropriate investigation of the claim and, if necessary, imposition of corrective action.  Such an investigation may include interviews with both parties involved in the complaint and co-workers and former co-workers who may have knowledge of the situation.

All supervisors will receive mandatory sexual harassment training in accordance with California Government Code 12950, which requires training of all supervisors every 2 years and training of individuals who have assumed supervisory duties within 6 months of hire or promotion.

At time of hire, all employees are provided with a pamphlet on harassment. (PDF)