Legal Environment and Equal Opportunity
This portion of the policy was set in place to help you do the right thing, document the limitations of our company’s HR and legal department, and overall, to minimize the company’s liability. This element of our policy manual will be specific to Title VII of the Civil Rights Act of 1964 which applies to employment decisions and further mandates that employment decisions not be based on race, color, religion, sex, or national origin. The following issues can arise under any of the bases:
* Discrimination by a member of the same protected class: the EEO statutes prohibit a member of a protected class from discriminating against another member of the same protected class. * Discrimination against a subclass: The EEO statutes prohibit discrimination against a subclass of a particular protected group. * Stereotype: Discrimination on a protected basis includes discrimination because of stereotypical assumptions about members of the protected class. Title VII
Title VII prohibits employment discrimination against any individual on the basis of his/her race, color, national origin, religion, or sex. Race and Color: Title VII prohibits both race and color discrimination. * Physical characteristics: Race discrimination includes discrimination on the basis of physical characteristics associated with a particular race, even where the charging party and the alleged discriminator are members of the same race. * Skin color: Race/color discrimination includes discrimination on the basis of shade of skin color. National Origin: National origin discrimination includes discrimination based on place of origin or on the physical, cultural, or linguistic characteristics of a national origin group. * Accent/Language: National origin discrimination includes discrimination on the basis of accent, manner of speaking, or language fluency. * Citizenship: The EEO statutes protect all employees who work in the United States for covered employers, regardless of citizenship status or work authorization. Religion: Defined to include moral or ethical beliefs as to right and wrong that are sincerely held with the strength of traditional religious views. This ensures that individuals are protected against religious discrimination regardless of how widespread their particular religious beliefs or practices are. Title VII requires our company to provide reasonable accommodations for an individual's religious practices, such as leave to observe religious holidays, unless doing so would cause an undue hardship. More information is available on the EEOC website.
Sexual Harassment Policy
We believe that all employees are entitled to a safe work environment that allows them to perform their daily tasks without feeling threatened by unwanted advances or remarks. Title VII of the Civil Rights Act of 1964 prohibits any such activity within an organization. Sexual harassment can be in the form of physical touch or verbal gestures. In 1980, a definition by the Equal Employment Opportunity Commission (EEOC) states that sexual harassment consists of “unwelcome sexual advances, requests, for sexual favors, and other verbal or physical conduct in a sexual nature.” This definition states “unlawful harassment is verbal or physical conduct that denigrates or shows hostility or aversion toward an individual because of his or her race, color, religion, gender, national, origin, age or disability, or that of his/her relatives friends, or associates, and that: * Has the purpose or effect of creating an intimidating, hostile, or offensive working environment. * Has the purpose or effect of unreasonably interfering with an individual’s work performance * Adversely affects and individual’s employment opportunities Examples of Sexual Harassment
Sexual harassment can be in the form of a third party complaint. If an employee makes an inappropriate comment, which...