Semper, Inc. Sexual Harassment Policy
Semper believes that all employees are entitled to a workplace free of harassment, and expects that all employees will treat each other, our clients, and our employees with courtesy, dignity, and respect. We take our obligation to maintain a workplace free of harassment very seriously. Sexual harassment is a form of misconduct, which constitutes a serious offense and subjects the offender(s) to disciplinary action, up to and including discharge.
Federal and state laws make sexual harassment unlawful. Just as we do not tolerate violations of other laws in our workplace, we do not tolerate violations of the laws prohibiting sexual harassment. Semper bases its decisions relative to employment, training, compensation and promotions on job-related qualifications in compliance with Equal Employment Opportunity laws and regulations, which prohibit discrimination based on sex.
It is the policy of Semper to ensure a work environment free of sexual harassment. In accordance with that policy; unwelcome sexual advances, requests for sexual favors, sexual demands, or other verbal, physical or visual conduct of a sexual nature will constitute sexual harassment when:
> Submission to the conduct is either an explicit or implicit term or condition of employment.
> Submission to or rejection of the conduct is used as a basis for an employment decision affecting the person rejecting or submitting to the conduct.
> The conduct has the purpose or effect of unreasonably interfering with an individual person¹s work performance or creating an intimidating, hostile or offensive work environment.
> In third-party situations, one individual is offended by the sexual interaction, conduct or communications between others.
This list does not, in any way, exhaust the possibilities of sexual harassment. It is meant to be illustrative.
Sexual harassment can take many forms. Employees should not assume that sexual harassment is limited to prohibited conduct by a male supervisor toward a female subordinate, but can include the following:
> A man as well as a woman may be the victim of sexual harassment, and a woman as well as a man may be the harasser.
> The harasser does not have to be the victim¹s supervisor. He or she may also be an agent of the supervisor, a supervisory employee who does not supervise the victim, a non-supervisory employee (coworker), or, in some circumstances, a non-employee.
> The victim does not need to be the opposite sex from the harasser.
> The victim does not have to be the person at whom the unwelcome sexual conduct is directed. He or she may also be someone who is affected by such conduct when it is directed toward another person. For example, the sexual harassment of one employee may create an intimidating, hostile, or offensive working environment for another employee or interfere with that employee¹s work performance.
To avoid misunderstandings about what constitutes sexual harassment, please adhere to the following guidelines:
> Avoid making repeated, unwanted social invitations.
> No touching. No hugging, no neck massages, no fanny pats, no arms around waist, no stroking, and no behavior that, if it occurred to a stranger on the street, would subject that person to charges of molestation, indecent exposure, assault, or rape. Sexual gestures or other offensive body movements (such as hip-grinding or grabbing motions) are also prohibited.
> No sexually suggestive or abusive talk. No ³dirty² jokes; no sexual innuendoes; no talking about body parts; and no repeated, unwanted or sexually explicit invitations. No bragging or speculating about one¹s own or other¹s sexual performance; no discussions about skill or prowess. No jokes, which demean people as less than intelligent.
> No offensive printed, written, or electronic (emails, web pages, etc.) materials. Do not display sexually explicit posters, regardless of the vendor company that printed them or how common they have been in the workplace. No sexually offensive cartoons; no lists of sexist jokes; nor any other material which inappropriately raises the issue of sex in the workplace, such as graffiti, offensive items in company publications, distribution of copies of photos or articles, etc.
> No abusive language or behavior, particularly if it is directed to only one group of employees, on the basis of gender or another characteristic. It is a violation of company policy and may constitute harassment, whether it is sexually explicit or not.
Sexual Harassment is not limited to the examples listed above. Sexual harassment does not refer to occasional compliments of a socially acceptable nature. It refers to behavior that is not welcome, that is personally offensive, and that which debilitates morale and interferes with work effectiveness.
All employees will receive a copy of the Semper Sexual Harassment Policy at the start of their employment with Semper and each year that they are employed. Additional copies are available to employees at any time; at each Semper office, with Human Resources at the corporate office, and on the Semper web site, www.Semper.com. If amendments or modifications are made to the Semper Sexual Harassment Policy, employees will receive a copy of the amended or modified policy.
Semper Complaint Process
> An employee who believes he or she has been the subject of sexual harassment in the workplace or has witnessed sexual harassment in the workplace must report the alleged act immediately to their supervisor and to Human Resources. The employee may also approach any other member of Semper¹s management.
> All allegations and complaints of sexual harassment will be investigated. Whenever possible, investigation will commence within 24 hours of the first report of harassment. The investigating person will meet with the alleged harasser to review and discuss the complaint five business days. The alleged harasser will have the opportunity to refute the allegation.
> All employees are expected to cooperate during an investigation, if requested. The complainant and witnesses may be asked to sign detailed statements about the offending behavior. Investigation of a complaint will normally include conferring with the parties involved, and any named or apparent witnesses.
> Employees are advised that confidentiality cannot be protected at the expense of the investigation. To the extent possible, the confidentiality of the employee who raises a complaint of sexual harassment, or any witness, or the alleged harasser will be protected against unnecessary disclosure, but the company cannot guarantee complete confidentiality. Information provided by the employee or gathered in an investigation will not be publicized by the company or disclosed unreasonably.
> All employees shall be protected from coercion, intimidation, retaliation, interference or discrimination for filing a complaint in good faith, or assisting in an investigation, from the Company.
> When the investigation is completed, the employee will be informed of the outcome. If the investigation reveals that the complaint is valid, or that company policy has been violated, prompt and appropriate disciplinary action will be taken, up to and including termination of the harasser.
Semper Semper International, Ltd. 175 Portland Street, Suite 400 Boston, MA 02114 800 954 4993 x227
FEDERAL AND STATE REMEDIES
In addition to the above, an employee who believes he or she has been the subject of sexual harassment may file a formal complaint with federal and/or state government agencies. Using the Company¹s complaint process does not prohibit an employee from filing a complaint with these agencies. Each of the agencies has a short time period for filing a claim (EEOC - 180 days; MCAD - 6 months).The US Equal Employment Opportunity Commission (EEOC):
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