Question

Address and evaluate anti-harassment policies?

Answer 1

ANSWER :

     A sample anti-harassment policy may contain language which states: The employer is committed in all areas to providing a work environment that is free fromharassment. ... No person will be adversely affected in employment with the employer as a result of bringing complaints of unlawful harassment.

Echoing Green strictly prohibits harassment of its Fellows, candidates, participants, attendees, and other non-employees by anyone at an Echoing Green event or Echoing Green online forum. This policy is in addition to and supplements Echoing Green’s policy prohibiting unlawful harassment of its employees and interns.

We have adopted this anti-harassment policy and system of reporting that exceeds what federal, New York State and New York City workplace laws dictate in order to promote the type of community values we expect of all participants.   Even if some conduct does not rise to the level of being unlawful, we may still prohibit it.

What we are referring to as harassment is unwelcome conduct that can be verbal, physical, nonverbal or visual and can happen in person and/or through written communication or social media before, during or even after the convening.  

Sexual Harassment

Sexual harassment in the form of a “hostile 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 (even if not sexual in nature).

Sexual harassment also consists of:

Any unwanted verbal or physical advances, sexually explicit derogatory statements, or sexually discriminatory remarks made by someone in the workplace which are offensive or objectionable to the recipient, which cause the recipient discomfort or humiliation, or which interfere with the recipient’s job performance.

A type of sexual harassment known as “quid pro quo” harassment 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. Only supervisors and managers are deemed to engage in this kind of harassment, because co-workers do not have the authority to grant or withhold benefits.

Sexual harassment can occur between people of any gender identity.

Other Unlawful Harassment

Workplace harassment is unwelcome conduct that is based on race, color, religious creed, sex (including pregnancy), national origin, ancestry, citizenship status, pregnancy, childbirth, and related medical conditions, physical or mental disability, age, military service, uniformed service, veteran status, marital status, registered domestic partner or civil union status, familial status, caregiver status, gender (including sex stereotyping and gender identity or expression), genetic information, sexual orientation, or any other legally protected category.

Under federal and New York State law, workplace harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. Under New York City law, the conduct must be more than petty slights and trivial inconveniences to be unlawful.

It may include, but is not limited to, unwelcome slurs, jokes, or verbal, graphic or physical conduct based on an individual's legally protected category.

The term “Harassment” here may include, but is not limited to:

• Unwelcome sexual advances or propositions (either verbal or physical).
• Requests for sexual favors and/or offering benefits in exchange for sexual favors.
• Making or threatening reprisals after a negative response to sexual advances.
• Repeated requests for dates or physical intimacy after being informed that interest is unwelcome.
• Unwelcome visual conduct that includes leering, ogling, and staring at an employee’s particular body parts like breasts when speaking to that person.
• Unwelcome verbal conduct that includes making or using derogatory or lewd sexual or gender-based comments, epithets, slurs, or jokes, sexually teasing remarks.
• Unwelcome graphic verbal commentaries about an individual’s body, or sexually degrading words used to describe an individual.
• Unwelcome non-verbal conduct of a sexual nature that may include making gestures of a sexual nature, “catcall” whistles, lip-smacking, utterances with sexual connotations or innuendo.
• Unwelcome sexual banter, discussions about one’s sex life, sexual prowess, sexual habits, or sexual desirability, whether directed directly at him or her or not.
• Unwelcome physical contact. The person being touched is the judge of what contact is unwanted. It may include but is not limited to, touching, patting, massaging or caressing, hugging, kissing, brushing up against another person’s body, invading personal space (unwanted, excessive closeness in bodily proximity), assaulting, or impeding or blocking movements.
• The use of demeaning or offensive words when referring to women or men.
• The display of pornographic or other highly offensive material.
• Making unwelcome jokes, comments or remarks based on sex or gender.
• Unwelcome sexually graphic or suggestive comments; comments, gestures, or noises about an individual’s body, dress, physical appearance, sexual prowess or sexual deficiencies
• Stalking or following, regardless of whether it is in-person, online or otherwise.
• Unwelcome comments, remarks or jokes related to race, gender, gender identity and expression, sexual orientation, disability (physical or mental), national origin, ethnicity, age, citizenship status, religion, military service, veteran status, or any other legally protected category.
• Deliberate and repeated misgendering after being informed by the person which gender they identify with and how they would like to be addressed.
• Deliberate intimidation, threats of violence or actual violence.
• Photography or recording of someone without their permission, including logging online activity for harassment purposes.
• Abuse of a position of privilege or power.