SAMPLE CALIFORNIA HARASSMENT POLICY

NON-HARASSMENT POLICY

1. PURPOSE.

All employees have the right to be free from unlawful harassment while they are employed by  (the "Company"). The Company is committed to providing a workplace free from unlawful harassment and discrimination of any kind. This policy aims to inform the Company employees of the definition of harassment, to prevent all forms of harassment at the Company, to outline procedures for addressing harassment, and to provide sanctions for violations of this policy.

2. SCOPE.

This policy covers all Company employees and prohibits harassment by co-workers, supervisors, managers, and third parties with whom any Company employee comes into contact. This policy applies to all interns, volunteers, third parties, and agents of the Company and to all phases of employment.This policy covers all forms of employment harassment, including, but not limited to, sexual, racial, and ethnic harassment and harassment based on any characteristic protected by local, state or federal employment discrimination laws. The Company strictly prohibits these forms of harassment, and any other forms forbidden by law. The Fair Employment and Housing Act protects categories, including, but not limited to, the following: race,religion or religious creed, color, ethnic group identification, national origin or ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, pregnancy, sexual orientation, and military or veteran status.

3. DEFINITION.

There are many forms of harassment. Behavior is harassment if it is not welcomed by the receiver, regardless of whether the offender intended his or her behavior to be harassing. Examples of prohibited racial and ethnic harassment behavior include:

• (a) visual conduct, including displays of derogatory objects and pictures, cartoons, signs, and posters;
• (b) verbal conduct, including derogatory comments, epithets, slurs, jokes, and pranks; and
• (c) physical conduct, including intimidating behavior, unwanted physical contact,and violence.

Sexual harassment is defined by the Fair Employment and Housing Commission as unwanted sexual advances, or visual, verbal, or physical conduct of a sexual nature, whether to someone of a different sex or of the same sex that unreasonably interferes with an individual's job performance or creates an intimidating, hostile, or offensive working environment. Sexual harassment includes gender-based conduct and harassment related to pregnancy, childbirth, or related medical conditions. Examples of prohibited sexual harassment behavior include:

• (d) unwanted sexual advances, invitations or advancements;
• (e) offering employment or employment benefits in exchange for sexual favors;
• (e) making or threatening reprisal after a negative response to sexual advances;
• (f) visual conduct, including leering, sexual gestures, Internet or email materials that contain sexually explicit or suggestive pictures or pornography or displays of sexually suggestive objects, pictures, cartoons, or posters;
• (g) verbal or written conduct, including derogatory comments, notes, messages, invitations, emails, epithets, slurs, jokes, and pranks;
• (h) verbal sexual advances or propositions;
• (i) verbal abuse of a sexual nature, graphic verbal commentary about someone's body, sexually degrading words used to describe an individual, suggestive or obscene letters, notes, or invitations; and
• (j) physical conduct, including touching, hugging, assault, impeding, or blocking someone's path or movements in an inappropriate or sexual way.

4. RESPONSIBILITY.

Every employee is responsible for keeping the workplace free of harassment. Anyone who is a witness to harassment should immediately report that behavior, either to his or her supervisor, to the appropriate employer representative, or to:

5. COMPLAINT PROCEDURE AND OPTIONS FOR REMEDIATION ACTIONS AND RESOLUTIONS.

• (a) Reporting.
  • (i) To the Company. Any employee who believes he or she has been harassed by a coworker, supervisor, agent, client, or customer of the Company, or by anyone else in the workplace, should promptly report the facts of this incident, and the names of the individuals involved, to his or her supervisor, or to , , or , , or , .
  • (ii) To the appropriate state department. Employees who believe they have been harassed may, within one year, file a discrimination complaint with the California Department of Fair Employment and Housing.
• (b) Company Investigation. All claims will be taken seriously, and the Company will fairly, timely, and thoroughly investigate all claims of harassment, provide all parties with appropriate due process, and reach a reasonable conclusion based on the evidence. Investigations will be impartial and conducted by qualified personnel. Investigations will be documented and tracked for reasonable progress and timely closure.
  • (i) Interviews. Everyone with information about the matter will be interviewed. The interviews will be conducted as confidentially as possible. The investigator will take thorough notes of the entire investigatory process, which will be reduced to statements to be signed by the interviewed witnesses.
• (c) Determination of Action.
  • (i) By Company. After the conclusion of its investigation, the Company will timely determine the appropriate action to be taken in response to the harassment complaint and take action to deter future harassment. Any employee found to have engaged in unlawful harassment will be subject to disciplinary action, up to and including termination. The Company's determination and any related Company action will be communicated timely to the reporting employee, the alleged harasser, and (as appropriate) all others directly concerned.
  • (ii) The Company will remedy any loss an employee suffers as a result of harassment.
  • (ii)(iii) By State Department. If the California Department of Fair Employment and Housing finds sufficient evidence of harassment and its settlement efforts fail, it may file a lawsuit against the Company and the harasser. If a court finds that harassment has occurred, it may order remedies.
• (d) Optional Filing of Lawsuit. An employee may file his or her own lawsuit in court.

6. QUESTIONS.

Employees who have questions about these rules are urged to consult human resources or other designated employer representative about the scope and application of this policy.

7. CONFIDENTIALITY.

All reports of and complaints about harassing behavior will be held in the strictest confidence. All investigations will maintain confidentiality to the greatest extent possible given the need to investigate.

8. VIOLATIONS.

The Company will take reasonable steps to prevent harassment from occurring and will take immediate and appropriate action when it knows that unlawful harassment has occurred.

9. PREVENTION TRAINING.

Prevention is the best way to eliminate harassment in the workplace.All employees, managers, and supervisors will receive harassment prevention training, as well as a copy of this policy when they are hired, and will receive ongoing training throughout their employment.

10. RETALIATION.

The Company will take no action against an employee for opposing, reporting, or assisting in reporting harassment or perceived harassment, or for filing a complaint with or otherwise participating in a harassment investigation, proceeding, or hearing at the California Department of Fair Employment and Housing. The Company will not tolerate any retaliation against those involved.

11. DECLARATION.

I have read and understood this policy and will abide by its terms. I authorize the Company to access, and consent to the Company accessing, any communication I make using Company-provided equipment or resources.

________________________________________ Employee Name	_____________________________ Date
________________________________________ Employee Signature