Fill - Free fillable Harassment, Discrimination and Retaliation Prevention Policy PDF form

Harassment, Discrimination and Retaliation Prevention Policy

v012720

5 or More Employees

▲ Click above to insert your company logo

Page 1 of 3

(The Company) is an equal opportunity employer. The Company is committed to

providing a work environment free of harassment, discrimination, retaliation and disrespectful or other unprofessional

conduct based on:

• Race

• Religion (including religious dress and grooming practices)

• Color

• Sex/gender( including pregnancy, childbirth, breastfeeding or related medical conditions), sex stereotype,

gender identity/gender expression/transgender (including whether or not you are transitioning or have

transitioned) and sexual orientation

• National origin

• Ancestry

• Physical or mental disability

• Medical condition

• Genetic information/characteristics

• Marital status/registered domestic partner status

• Age (40 and above)

• Sexual orientation

• Military or veteran status

• Any other basis protected by federal, state or local law or ordinance or regulation.

The Company also prohibits discrimination, harassment, disrespectful or unprofessional conduct based on the

perception that anyone has any of those characteristics, or is associated with a person who has or is perceived as having

any of those characteristics.

In addition, the Company prohibits retaliation against individuals who raise complaints of discrimination or harassment

or who participate in workplace investigations.

All such conduct violates Company policy.

Harassment Prevention

The Company's policy prohibiting harassment applies to all persons involved in the operation of the Company. The

Company prohibits harassment, disrespectful or unprofessional conduct by any employee of the Company, including

supervisors, managers and co-workers. The Company's anti-harassment policy also applies to vendors, customers,

independent contractors, unpaid interns, volunteers, persons providing services pursuant to a contract and other

persons with whom you come into contact while working.

Replace this text with company name or delete to leave blank

Harassment, Discrimination and Retaliation Prevention Policy

v012720

5 or More Employees

Page 2 of 3

Prohibited harassment, disrespectful or unprofessional conduct includes, but is not limited to, the following behavior:

• Verbal conduct such as epithets, derogatory jokes or comments, slurs or unwanted sexual advances, invitations,

comments, posts or messages;

• Visual displays such as derogatory and/or sexually-oriented posters, photography, cartoons, drawings or

gestures;

• Physical conduct including assault, unwanted touching, intentionally blocking normal movement or interfering

with work because of sex, race or any other protected basis;

• Threats and demands to submit to sexual requests or sexual advances as a condition of continued employment,

or to avoid some other loss and offers of employment benefits in return for sexual favors;

• Retaliation for reporting or threatening to report harassment; and

• Communication via electronic media of any type that includes any conduct that is prohibited by state and/or

federal law or by company policy.

Sexual harassment does not need to be motivated by sexual desire to be unlawful or to violate this policy. For example,

hostile acts toward an employee because of their gender can amount to sexual harassment, regardless of whether the

treatment is motivated by sexual desire.

Prohibited harassment is not just sexual harassment but harassment based on any protected category.

Non-Discrimination

The Company is committed to compliance with all applicable laws providing equal employment opportunities. This

commitment applies to all persons involved in Company operations. The Company prohibits unlawful discrimination

against any job applicant, employee or unpaid intern by any employee of the Company, including supervisors and

coworkers.

Pay discrimination between employees of the opposite sex or between employees of another race or ethnicity performing

substantially similar work, as defined by the California Fair Pay Act and federal law, is prohibited. Pay differentials may be

valid in certain situations defined by law. Employees will not be retaliated against for inquiring about or discussing wages.

However, the Company is not obligated to disclose the wages of other employees.

Anti-Retaliation

The Company will not retaliate against you for filing a complaint or participating in any workplace investigation or

complaint process and will not tolerate or permit retaliation by management, employees or co-workers.

Reasonable Accommodation

Discrimination can also include failing to reasonably accommodate religious practices or qualified individuals with

disabilities where the accommodation does not pose an undue hardship.

To comply with applicable laws ensuring equal employment opportunities to qualified individuals with a disability, the

Company will make reasonable accommodations for the known physical or mental limitations of an otherwise qualified

individual with a disability who is an applicant or an employee unless undue hardship would result.

Any job applicant or employee who requires an accommodation in order to perform the essential functions of the job

should contact and discuss the need for

an accommodation. The Company will engage in an interactive process with the employee to identify possible

accommodations, if any, that will help the applicant or employee perform the job.

[e.g., HR manager or other individual with day-to-day personnel responsibilities]

Harassment, Discrimination and Retaliation Prevention Policy

v012720

5 or More Employees

Page 3 of 3

An applicant, employee or unpaid intern who requires an accommodation of a religious belief or practice (including

religious dress and grooming practices, such as religious clothing or hairstyles) should also contact

and discuss the need for an

accommodation. If the accommodation is reasonable and will not impose an undue hardship, the Company will make

the accommodation.

The Company will not retaliate against you for requesting a reasonable accommodation and will not knowingly tolerate

or permit retaliation by management, employees or co-workers.

Complaint Process

If you believe that you have been the subject of harassment, discrimination, retaliation or other prohibited conduct,

bring your complaint to your supervisor or to:

as soon as possible after the incident. You can bring your complaint to any of these individuals. If you need assistance

with your complaint, or if you prefer to make a complaint in person, contact the

Please provide all known details of the incident or incidents, names of individuals involved and names of any witnesses.

It would be best to communicate your complaint in writing, but it is not mandatory.

The Company encourages all individuals to report any incidents of harassment, discrimination, retaliation or other

prohibited conduct forbidden by this policy immediately so that complaints can be quickly and fairly resolved.

You also should be aware that the Federal Equal Employment Opportunity Commission and the California Department

of Fair Employment and Housing investigate and prosecute complaints of prohibited harassment, discrimination and

retaliation in employment. If you think you have been harassed or discriminated against or that you have been

retaliated against for resisting, complaining or participating in an investigation, you may file a complaint with the

appropriate agency. The nearest office can be found by visiting the agency websites at www.dfeh.ca.gov and

www.eeoc.gov.

Supervisors must refer all complaints involving harassment, discrimination, retaliation or other prohibited conduct to

the of the Company so the Company can try to resolve the complaint.

When the Company receives allegations of misconduct, it will immediately undertake a fair, timely, thorough and

objective investigation of the allegations in accordance with all legal requirements. The Company will reach reasonable

conclusions based on the evidence collected.

The Company will maintain confidentiality to the extent possible. However, the Company cannot promise complete

confidentiality. The employer's duty to investigate and take corrective action may require the disclosure of information

to individuals with a need to know.

Complaints will be:

• Responded to in a timely manner

• Kept confidential to the extent possible

• Investigated impartially by qualified personnel in a timely manner

• Documented and tracked for reasonable progress

• Given appropriate options for remedial action and resolution

• Closed in a timely manner

If the Company determines that harassment, discrimination, retaliation or other prohibited conduct has occurred,

appropriate and effective corrective and remedial action will be taken in accordance with the circumstances involved.

The Company will also take appropriate action to deter future misconduct.

Any employee determined by the Company to have engaged in harassment, discrimination, retaliation or other

prohibited conduct will be subject to appropriate disciplinary action, up to, and including termination. Employees

should also know that if they engage in unlawful harassment, they can be held personally liable for the misconduct.

[e.g., personnel manager, HR manager]

[e.g. any other Company supervisor, the HR Manager, the EEO officer]

[e.g., personnel manager, HR manager]

[e.g., HR manager or other individual with day-to-day personnel responsibilities]

Confirmation of Receipt of Harassment, Discrimination and Retaliation

Prevention Policy

v012720

5 or More Employees

I have received my copy of the Company's Harassment, Discrimination and Retaliation Prevention Policy. I understand

and agree that it is my responsibility to read and familiarize myself with this policy.

I understand that the Company is committed to providing a work environment that is free from harassment,

discrimination and retaliation. My signature certifies that I understand that I must conform to and abide by the rules and

requirements described in this policy.

Employee's Signature

Employee's Printed Name

Date

click to sign

signature

click to edit

v012720

Instructions for the Harassment, Discrimination and Retaliation Prevention Policy -

Employers With Five or More Employees

California law requires companies to have a written harassment, discrimination and retaliation prevention policy. This

policy is for use in California. Employers with operations in multi-states should review the specific requirements of those

states. For more information, refer to the included About this Policy information.

You may customize this policy with your company name and logo. It also contains different sections that you must

customize to your business.

Reasonable Accommodation

On page 2, last paragraph, line two: Enter the title(s) of those persons who employees or applicants can go to with a

reasonable accommodation request. This person is typically someone in your Company with day-to-day personnel

responsibilities, such as an HR Manager or other office manager.

Note: This will also fill in the field on page 3, paragraph one, line three.

Complaint Process

On page 3, paragraph one, line two: Enter the title(s) of those persons who employees can go to with a harassment,

discrimination or retaliation complaint. Employees must be given one or more alternatives and cannot be required to

only go their immediate supervisor.

The person(s) listed may be any designated company representative, such as: an HR manager; office manager; personnel

manager; EEO officer; president; designated ombudsperson or any other designated Company representative. Include the

name or title of that person in your policy. You could also set up a complaint hotline with the phone number in your policy.

On page 3, paragraph one, line four: Enter the title of the person at your company who is responsible for receiving and

processing complaints from employees and supervisors and who can assist employees and supervisors.

This person is typically someone in your Company with day-to-day personnel responsibilities, such as an HR Manager or

office manager. It may also be a designated EEO officer, ombudsperson, investigative officer or a high-level company

officer, such as your president or owner.

Note: This will also fill in the field on page 3, paragraph four, line two. Supervisors are required to report any complaints of

misconduct that they receive.

Distribution of Policy and Confirmation of Receipt

Require each employee to sign, date and return the Confirmation of Receipt of Harassment, Discrimination and Retaliation

Prevention Policy, stating that he/she has received, read and is aware of your Company's policy. Retain signed form in each

employee's personnel file.

If you use the electronic signature option, you will need an e-signature tool (e.g. Adobe Reader DC). To ensure authenticity,

we recommend that you have each employee create their personal e-signature with the password-protect option.

You must distribute your harassment, discrimination and retaliation prevention policy using one or more of the following

methods:

• Printing and providing a copy to all employees with an acknowledgment form for the employee to sign and

return;

• Sending the policy via e-mail with an acknowledgment return form;

• Posting current versions of the policy on a company intranet with a tracking system that ensures all employees

have read and acknowledged receipt of the policies;

• Discussing the policy upon hire and/or during a new hire orientation session; and/or

• Any other way that ensures employees receive and understand the policy.

If your workforce at any facility or establishment contains 10 percent or more of persons who speak a language other than

English as their spoken language, you must translate your policy into every language spoken by at least 10 percent of the

workforce.

v012720

About This Policy - For Employers With Five or More Employees

Number of Employees By Law, You Must

One or more

Comply with laws prohibiting harassment in the workplace (California’s Fair

Employment and Housing Act). Provide information about harassment and the

company's complaint process. Prohibit retaliation for bringing complaints or

participating in investigations or the complaint process.

Comply with California’s Fair Pay Act, which prohibits employers from paying

employees less than a member of the opposite sex or less than the rates paid to

employees of another race or ethnicity for "substantially similar work,” when

viewed as a composite of skill, effort and responsibility performed under similar

working conditions. Employers cannot prohibit employees from discussing

wages, disclosing their own wages or asking about the wages of others.

However, the employer is not obligated to disclose wages.

Five or more

Also comply with state anti-discrimination laws and laws regarding reasonable

accommodation of religion and disabilities

15 or more

Also comply with federal laws prohibiting discrimination, harassment and

reasonable accommodation

Cal. Govt. Code sec. 12950; 2 CCR. sec. 11023

Cal. Lab. Code sec. 1197.5

California law requires companies to have a written harassment, discrimination and retaliation prevention

policy.

Failure to take affirmative steps to prevent harassment, discrimination and retaliation is a violation of state law.

Sexual harassment is simply one form of unlawful harassment. Harassment and discrimination because an employee is a

member of any protected class is prohibited. Protected classes under California law include sex (including pregnancy,

childbirth, breastfeeding or related medical conditions), sex stereotype, race, religion (including religious dress and

grooming practices), color, gender (including gender identity, gender expression and transgender), national origin,

ancestry, physical or mental disability, medical condition, genetic information, marital status, registered domestic partner

status, age, sexual orientation, and military and veteran status.

Effective January 1, 2020, under what is known as the CROWN (Creating a Respectful and Open Workplace for

Natural Hair) Act, the definition of “race” now includes traits historically associated with race, including but not

limited to, hair texture and protective hair styles (including, but not limited to, braids, locks, and twists). Under

the new California law, discrimination based on hair style and hair texture is explicitly prohibited, and the protection

extends under both California's Fair Employment and Housing Act and Education Code.

The number of employees your Company has determines which laws apply and what information you must provide.

Job applicants, employees and unpaid interns are protected from discrimination and harassment. Volunteers and people

providing services under a contract are also protected from harassment.

You must take steps to prevent harassment of your workers by supervisors, managers, co-workers and third parties who

your workers come into contact with. A company may be responsible for the acts of non-employees if they harass its

employees, and the employer, or its agents or supervisors, knows or should have known of the conduct and fails to take

immediate and appropriate corrective action.

Your policy should encourage employees to report any incidents of racial, sexual or other harassment or discrimination.

You should customize your policy to communicate your company's specific complaint process.

v012720

About This Policy - For Employers With Five or More Employees

2 CCR sec. 11023

2 CCR sec. 11024

To minimize liability and comply with California law, your Company's harassment, discrimination and retaliation prevention

policy must:

• Be in writing

• Prohibit harassment, discrimination and retaliation

• Define harassment

• Specifically prohibit sexual harassment

• List all categories that are protected from discrimination and harassment under the law

• Indicate that the law prohibits supervisors, managers, coworkers and third parties with whom the employee

comes into contact from engaging in harassment

• Establish effective internal complaint procedures that ensure complaints receive:

o An employer's designation of confidentiality, to the extent possible;

o A timely response;

o Impartial and timely investigations by qualified personnel;

o Documentation and tracking for reasonable progress;

o Appropriate options for remedial actions and resolutions; and

o Timely closures.

• Provide a complaint mechanism that doesn't require an employee to complain directly to his or her immediate

supervisor, but allows alternative methods including, but not limited to:

o Direct communication with a designated company representative, such as an HR manager;

o A complaint hotline;

o Access to an ombudsperson; and/or

o Identification of the California Department of Fair Employment and Housing and Federal Equal

Employment Opportunity Commission as additional avenues to bring complaints.

• Instruct supervisors to report complaints of misconduct to a designated company representative

• Indicate that when an employer receives allegations of misconduct it will conduct a fair, timely and thorough

investigation that provides all parties appropriate due process and reaches reasonable conclusions based on the

evidence collected

• State that confidentiality will be kept by the employer to the extent possible, but does not promise complete

confidentiality

• Indicate that if at the end of the investigation misconduct is found, appropriate remedial action will be taken

• Make clear that employees will not be exposed to retaliation for lodging a complaint or participating in a

workplace investigation

Your Company should use the utmost care in drafting a policy prohibiting harassment, discrimination and retaliation in the

workplace. The prevailing laws are very specific and sharply limit the latitude in the language that can be used in such a

policy.

Consult an attorney with any questions about your policy.

Reasonable Accommodation Language

If you have five or more employees you must also include language describing your obligation to engage in a timely, good

faith, interactive process with employees who request a reasonable accommodation for a physical or mental disability or

for religion.

Distribution and Confirmation of Receipt

Require each employee to sign and return a Confirmation of Receipt of Harassment, Discrimination and Retaliation

Prevention Policy, stating that he/she has received, read and is aware of your Company's policy. Retain signed form in each

employee's personnel file.

Refer to the Instructions for the Harassment, Discrimination and Retaliation Prevention Policy for

more information.

Download
Save PDF to desktop

Email
Email completed PDF

Send for Signing
Email for others to sign

Print
Print document

NAME

Harassment, Discrimination and Retaliation Prevention Policy

View Audit Log
Print With Audit Log
Duplicate Document

Fill Online, Printable, Fillable, Blank Harassment, Discrimination and Retaliation Prevention Policy Form

Related forms

Fillable Harassment, Discrimination and Retaliation Prevention Policy

Fill Online, Printable, Fillable, Blank Harassment, Discrimination and Retaliation Prevention Policy Form

Related forms

First 20 documents completely FREE!