Nondiscrimination/Anti-Harassment Policy and Complaint Procedure
TrueCoverage is committed to a work environment where all individuals are treated with respect and dignity. Each individual may work in a professional atmosphere that promotes equal employment opportunities and prohibits unlawful discriminatory practices, including harassment. Therefore, TrueCoverage expects that all relationships among persons in the office will be business-like and free of explicit bias, prejudice, and harassment.
TrueCoverage has developed this policy to ensure that all its employees can work in an environment free from unlawful harassment, discrimination, and retaliation. TrueCoverage will make every reasonable effort to ensure that all concerned are familiar with these policies and aware that any complaint violating such policies will be investigated and resolved appropriately.
Any employee who has questions about these policies should talk with the director of human resources or a member of the personnel practices committee.
These policies should not, and may not, be a basis for excluding or separating individuals of a particular gender, or any other protected characteristic, from participating in business or work-related social activities or discussions. No one should mistakenly engage in discrimination or exclusion to avoid allegations of harassment. The law and the policies of TrueCoverage prohibit disparate treatment based on sex or any other protected characteristic regarding terms, conditions, privileges, and perquisites of employment. The prohibitions against harassment, discrimination, and retaliation are intended to complement and further those policies, not to support an exception.
Equal employment opportunity
It is the policy of TrueCoverage to ensure equal employment opportunity without discrimination or harassment based on race, color, religion, sex, sexual orientation, gender identity or expression, age, disability, marital status, citizenship, national origin, genetic information, or any other characteristic protected by law. TrueCoverage prohibits any such discrimination or harassment.
TrueCoverage encourages reporting of all perceived incidents of discrimination or harassment. It is the policy of TrueCoverage to investigate such reports promptly.
TrueCoverage prohibits retaliation against any individual who reports discrimination or harassment or participates in an investigation of such reports.
Sexual harassment constitutes discrimination and is illegal under federal, state, and local laws. For this policy, “sexual harassment” is defined, as in the Equal Employment Opportunity Commission Guidelines, as unwelcome sexual advances, requests for sexual favors, and other verbal or physical sexual conduct when, for example, a) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, b) submission to or rejection of such conduct by an individual is the basis for employment decisions affecting such individual, or c) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.
Title VII of the Civil Rights Act of 1964 recognizes two types of sexual harassment: a) quid pro quo and b) hostile work environment. Sexual harassment may include a range of subtle and not-so-subtle behaviors and may involve individuals of the same or different gender. These behaviors may consist of unwanted sexual advances or requests for sexual favors; sexual jokes and innuendo; verbal sexual abuse; commentary about an individual’s body, sexual prowess, or sexual deficiencies; leering, whistling or touching; insulting or obscene comments or gestures; display in the workplace of sexually suggestive objects or pictures; and other physical, verbal or visual sexual conduct.
Harassment based on any other protected characteristic is also strictly prohibited. Under this policy, harassment is verbal, written, or physical conduct that denigrates or shows hostility or aversion toward an individual because of their race, color, religion, sex, sexual orientation, gender identity or expression, national origin, age, disability, marital status, citizenship, genetic information, or any other characteristic protected by law, or that of their relatives, friends or associates, and that: a) has the purpose or effect of creating an intimidating, hostile or offensive work environment, b) has the purpose or effect of unreasonably interfering with an individual’s work performance or c) otherwise hurts an individual’s employment opportunities.
Harassing conduct includes epithets, slurs, or negative stereotyping; threatening, intimidating, or hostile acts; denigrating jokes; and written or graphic material that denigrates or shows hostility or aversion toward an individual or group placed on walls or elsewhere on the employer’s premises or circulated in the workplace, on company time, or using company equipment by e-mail, phone (including voice messages), text messages, social networking sites or other means.
Individuals and Conduct Covered
These policies apply to all applicants and employees, whether related to conduct by fellow employees or someone not directly connected to TrueCoverage (e.g., an outside vendor, consultant, or customer).
Conduct prohibited by these policies is unacceptable in the workplace and any work-related setting outside the workplace, such as during business trips, business meetings, and business-related social events.
Reporting an Incident of Harassment, Discrimination, or Retaliation
TrueCoverage encourages reporting all perceived discrimination, harassment, or retaliation incidents, regardless of the offender’s identity or position. Individuals who believe they have been the victim of such conduct should discuss their concerns with their immediate supervisor, any member of the personnel practices committee, human resources, or any ombudsman. See the complaint procedure described below.
In addition, TrueCoverage encourages individuals who believe they are being subjected to such conduct to advise the offender that their behavior is unwelcome promptly and to request that it be discontinued. Often this action alone will resolve the problem. TrueCoverage recognizes that an individual may prefer to pursue the matter through complaint procedures.
Individuals who believe they have been the victims of conduct prohibited by this policy or have witnessed such conduct should discuss their concerns with their immediate supervisor, human resources, any member of the personnel practices committee, or any ombudsman.
TrueCoverage encourages the prompt reporting of complaints or concerns so rapid and constructive action can be taken before relationships become irreparably strained. Therefore, while no fixed reporting period has been established, early reporting and intervention have proven to be the most effective method of resolving actual or perceived incidents of harassment.
Any reported harassment, discrimination, or retaliation allegations will be investigated promptly. The investigation may include individual interviews with the parties involved and, where necessary, with individuals who may have observed the alleged conduct or may have other relevant knowledge.
TrueCoverage will maintain confidentiality throughout the investigatory process, consistent with adequate investigation and corrective action.
Retaliation against an individual for reporting harassment or discrimination or for participating in an investigation of a claim of harassment or discrimination is a serious violation of this policy and, like harassment or discrimination itself, will be subject to disciplinary action. Acts of retaliation should be reported immediately and will be promptly investigated and addressed.
Misconduct constituting harassment, discrimination, or retaliation will be dealt with appropriately. Responsive action may include, for example, training, referral to counseling, or disciplinary action such as a warning, reprimand, withholding of a promotion or pay increase, reassignment, temporary suspension without pay, or termination, as TrueCoverage believes appropriate under the circumstances.
If a party to a complaint does not agree with its resolution, that party may appeal to TrueCoverage’s executive director or the Chief Operating Officer.
False and malicious complaints of harassment, discrimination, or retaliation (as opposed to complaints that, even if erroneous, are made in good faith) may be the subject of appropriate disciplinary action.