Alexis K Allen is committed to providing a safe, ﬂexible and respectful environment for staﬀ and clients free from all forms of discrimination, bullying and sexual harassment.
All staﬀ are required to treat others with dignity, courtesy and respect.
By eﬀectively implementing our Equal Employment Opportunity & Anti-Discrimination Policy we will attract and retain talented staﬀ and create a positive working environment for staﬀ.
This policy applies to:
In so far as this policy imposes any obligations on the Company, those obligations are not contractual and do not give rise to any contractual rights. To the extent that this policy describes beneﬁts and entitlements for employees, they are discretionary in nature and are also not intended to be contractual. The terms and conditions of employment that are intended to be contractual are set out in an employee’s written employment contract.
The Company may unilaterally introduce, vary, remove or replace this policy at any time.
STAFF RIGHTS AND RESPONSIBILITIES
All staﬀ are entitled to:
All staﬀ must:
ADDITIONAL RESPONSIBILITIES OF MANAGERS AND SUPERVISORS
Managers and supervisors must also:
UNACCEPTABLE WORKPLACE CONDUCT
Discrimination, bullying and sexual harassment are unacceptable at the Company and are unlawful under legislation including:
Staﬀ (including managers) found to have engaged in such conduct might be counselled, warned or disciplined. Severe or repeated breaches can lead to formal discipline up to and including termination of employment.
Under the law staﬀ can be held personally liable for certain breaches of discrimination law, and the Company can also be vicariously liable for staﬀ members’ conduct.
Discrimination is treating, or proposing to treat, someone unfavourably because of a personal characteristic protected by the law, such as sex, age, race or disability.
Discrimination can occur:
Protected personal characteristics under Federal discrimination law include:
It is also against the law to treat someone unfavourably because you assume they have a personal characteristic or may have it at some time in the future.
Employers are also required in some circumstances to make “reasonable adjustments” to facilitate employees with disabilities to perform the “inherent requirements” of the particular role they perform. An employer will be deemed to have discriminated against an employee if they fail to make these adjustments.
The “inherent requirements” of a position are the essential activities that must be carried out to fulﬁl the purpose of the position.
An adjustment is not reasonable if it will impose “unjustiﬁable hardship” on the employer. In assessing unjustiﬁable hardship factors to be considered include:
Examples of adjustments that may in some circumstances be reasonable for an employer to make include:
It is not unlawful to discriminate against a person because of their disability where:
They cannot meet the inherent requirements of the job, even when the employer has made any reasonable adjustments; or
Providing the person with reasonable adjustments to facilitate their disability imposes an unjustiﬁable hardship on the employer.
If someone is being bullied because of a personal characteristic protected by equal opportunity law, it is a form of discrimination.
Bullying can take many forms, including jokes, teasing, nicknames, emails, pictures, text messages, social isolation or ignoring people, or unfair work practices.
Under Federal law, this behaviour does not have to be repeated to be discrimination – it may be a one-oﬀ event.
Behaviours that may constitute bullying include;
Any form of bullying is unacceptable in the Company and may also be against workplace health and safety law. The Company has a separate Workplace Anti-Bullying and Anti-Harassment Policy which employees must read and abide by, this deals with bullying and harassment that is not a form of discrimination (ie where not based on a protected personal characteristic).
Sexual harassment is a speciﬁc and serious form of harassment. It is unwelcome sexual behaviour, which could be expected to make a person feel oﬀended, humiliated or intimidated. Sexual harassment can be physical, spoken or written. It can include:
Just because someone does not object to inappropriate behaviour in the workplace at the time, it does not mean that they are consenting to the behaviour.
Sexual harassment occurs in the workplace when it happens at work, at work-related events, between people sharing the same workplace, or between colleagues outside of work.
All staﬀ and volunteers have the same rights and responsibilities in relation to sexual harassment. A single incident is enough to constitute sexual harassment – it doesn’t have to be repeated.
All incidents of sexual harassment – no matter how large or small or who is involved – require employers and managers to respond quickly and appropriately.
Alexis K Allen recognizes that comments and behaviour that do not oﬀend one person can oﬀend another. This policy requires all staﬀ and volunteers to respect other people’s limits.
Alexis K Allen will not tolerate or accept any form of sexual harassment, in the workplace or in any work-related context such as conferences, work functions and business trips. All staﬀ members are responsible for their own behaviour, and under the law may be held personally liable if they engage in sexual harassment. Alexis K Allen may also be vicariously liable for staﬀ members found to have engaged in any form of sexual harassment.
Victimisation is subjecting or threatening to subject someone to a detriment because they have asserted their rights under equal opportunity law, made a complaint, helped someone else make a complaint, or refused to do something because it would be discrimination, sexual harassment or victimisation. Victimisation is against the law.
It is also victimisation to threaten someone (such as a witness) who may be involved in investigating an equal opportunity concern or complaint.
Victimisation is a very serious breach of this policy and is likely (depending on the severity and circumstances) to result in formal discipline against the perpetrator.
Alexis K Allen has a zero-tolerance approach to victimisation.
Viliﬁcation is where a person commits a public act which is reasonably likely to oﬀend, insult, humiliate or intimidate another person because of their race, sex, religion, sexuality or sexual identity. Hatred or viliﬁcation due to an attribute protected under equal opportunity laws is unlawful.
Alexis K Allen will not tolerate or accept any form of hatred or viliﬁcation due to a protected attribute of another person.
Any conduct that can possibly be observed by the public or any sort of communication either verbal or in writing to the public can be considered a public act. Workplaces can be public places.
Alexis K Allen may be vicariously liable for staﬀ members found to have engaged in any form of unlawful hatred or viliﬁcation. Staﬀ may also be sued personally or prosecuted criminally under Commonwealth or State criminal laws.
Conduct that may constitute viliﬁcation can include verbal or written statements, or even be the reproduction or distribution of already published information. Examples include:
It is unacceptable for staﬀ at Alexis K Allen to talk with other staﬀ members, clients or suppliers about any complaint of discrimination or harassment without Alexis K Allen express permission.
Breaching the conﬁdentiality of a formal complaint investigation or inappropriately disclosing personal information obtained in a professional role (for example, as a manager) is a serious breach of this policy and may lead to formal discipline.
DECISIONS TO BE BASED ON MERIT
All recruitment and job selection decisions at Alexis K Allen will be based on merit – the skills and abilities of the candidate as measured against the inherent requirements of the position – regardless of personal characteristics.
It is unacceptable and may be against the law to ask job candidates questions, or to in any other way seek information, about their personal characteristics, unless this can be shown to be directly relevant to a genuine requirement of the position.
Alexis K Allen strongly encourages any staﬀ member who believes they have been discriminated against, bullied, sexually harassed, viliﬁed or victimised to take appropriate action by making a complaint in accordance with the Grievance Handling Policy.
Any staﬀ member who has witnessed any discrimination, bullying, sexual harassment, viliﬁcation or victimisation should report this to their manager or other responsible person, email@example.com or can raise a complaint in accordance with the Grievance Handling Policy.
Employees are encouraged to read this policy in conjunction with other relevant Company policies, including:
• Workplace Anti-Harassment and Anti-Bullying Policy;
• Code of Conduct;
• Grievance Handling Policy.
Alexis K Allen is committed to maintaining a zero tolerance 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 Alexis K Allen commitment to a discrimination-free work environment. Sexual harassment is against the law 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 Alexis K Allen. Employees can also file a complaint with a government agency or in court under federal, state or local antidiscrimination laws.
Alexis K Allen policy applies to all employees, applicants for employment, interns, whether paid or unpaid, contractors and persons conducting business, regardless of immigration status, with Alexis K Allen In the remainder of this document, the term employee refers to this collective group.
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).
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. Alexis K Allen will not tolerate such retaliation against anyone who, in good faith, reports or provides information about suspected sexual harassment. Any employee of Alexis K Allen 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 working in the workplace who believe they have been subject to such retaliation should inform a supervisor, manager, or contact us inquiry . 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.
Sexual harassment is offensive, is a violation of our policies, is unlawful, and may subject Alexis K Allen 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 allow such behavior to continue, will be penalized for such misconduct.
Alexis K Allen 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. Alexis K Allen will keep the investigation confidential 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.
All employees are encouraged to report any harassment or behaviors that violate this policy. Alexis K Allen will provide all employees a complaint form for employees to report harassment and file complaints.
Managers and supervisors are required to report any complaint that they receive, or any harassment that they observe or become aware of, to www.alexiskallen.com
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 should be posted prominently in all work locations to the extent practicable (for example, in a main office, not an offsite work location) 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, self-identified or perceived sex, gender expression, 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:
A sexually harassing hostile work environment includes, but is not limited to, 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 sexual harassment.
Any employee who feels harassed should report 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
Employees may be subject to discipline for retaliating against others.
The following describes some of the types of acts that may be unlawful sexual harassment and that are strictly prohibited:
Who can be a target of sexual harassment?
Sexual harassment can occur between any individuals, regardless of their sex or gender. California 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.
Unlawful retaliation can be any action that could discourage 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 violence outside of work hours).
Such retaliation is unlawful under federal, state, and (where applicable) local law. The State Human Rights Law protects any individual who has engaged in â€œprotected activity.â€ Protected activity occurs when a person has:
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.
Alexis K Allen cannot prevent or remedy sexual harassment unless it knows about it. Any employee, paid or unpaid intern or non-employee who has been subjected to behavior that may constitute sexual harassment is encouraged to report such behavior to a supervisor, manager or www.alexiskallen.com. Anyone who witnesses or becomes aware of potential instances of sexual harassment should report such behavior to a supervisor, manager or firstname.lastname@example.org.
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 target of sexual harassment may also seek assistance in other available forums, as explained below in the section on Legal Protections.
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 [person or office designated].
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 soon as possible. The investigation will be kept confidential to the extent possible. All persons involved, including complainants, witnesses and alleged harassers will be accorded due process, as outlined below, 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. Alexis K Allen 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 should be done in accordance with the following steps:
Legal Protections And External Remedies
Sexual harassment is not only prohibited by Alexis K Allen but is also prohibited by state, federal, and, where applicable, local law.
Aside from the internal process at Alexis K Allen, 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 agency, you may seek the legal advice of an attorney.
In addition to those outlined below, employees in certain industries may have additional legal protections.