Policy - Foundation for Jewish Camp

Foundation for Jewish Camp (FJC) Non-Harassment Policy

FJC and its operating facilities are committed to maintaining a respectful workplace which includes a working environment that is free from unlawful sexual harassment and other types of unlawful discriminatory harassment. To reinforce this commitment, the organization has developed a policy against unlawful harassment and other related types of inappropriate behavior and a reporting procedure for employees and contractors who have been subjected to or witnessed harassment. This policy applies to all work-related settings and activities, whether inside or outside the workplace, and includes business trips and business-related social events. FJC property (e.g., telephones, voicemail, copy machines, facsimile machines, computers, and computer applications such as e-mail and Internet access) may not be used to engage in conduct which violates this policy. The organization’s policy against harassment covers employees and other individuals who have a relationship with FJC which enables the organization to exercise some control over the individual’s conduct in places and activities that relate to the organization’s work (e.g., directors, officers, contractors, vendors, etc.).

Prohibition of Sexual Harassment: FJC’s policy against sexual harassment prohibits sexual advances or requests for sexual favors or other physical or verbal conduct of a sexual nature, when: (1) submission to such conduct is made an express or implicit condition of employment; (2) submission to or rejection of such conduct is used as a basis for employment decisions affecting the individual who submits to or rejects such conduct; or (3) such conduct has the purpose or effect of unreasonably interfering with a contractor’s ’s work performance or creating an intimidating, hostile, humiliating, or offensive working environment.

Under these definitions, direct or implied requests by a supervisor for sexual favors in exchange for actual or promised job benefits such as favorable reviews, or continued employment constitutes sexual harassment.

Depending on the circumstances, the following conduct may also constitute sexual harassment: (1) unwelcome sexual advances – whether they involve physical touching or not; (2) use of sexual epithets, jokes, written or oral references to sexual conduct, gossip regarding one’s sex life; (3) dissemination of sexually explicit voicemail, email, graphics, downloaded material or websites in the workplace; (4) sexually oriented comment on an individual’s body, comment about an individual’s sexual activity, deficiencies, or prowess; (5) displaying sexually suggestive objects, pictures, cartoons; (6) unwelcome leering, whistling, touching or deliberate brushing against the body in a suggestive manner; (7) sexual gestures, suggestive or insulting comments; (8) inquiries into one’s sexual experiences; or (9) discussion of one’s sexual activities.

While such behavior, depending on the circumstances, may not be severe or pervasive enough to create a sexually hostile work environment, it can nonetheless make co-workers uncomfortable. Accordingly, the organization considers such behavior to be inappropriate and may result in disciplinary action regardless of whether it is unlawful. It is also unlawful and expressly against FJC policy to retaliate for filing a complaint of sexual harassment or for cooperating with an investigation of a complaint of sexual harassment.

Prohibition of Other Types of Discriminatory Harassment: It is also against FJC policy to engage in verbal or physical conduct that denigrates or shows hostility or aversion toward an individual because of their race, color, gender, religion, sexual orientation, gender identity/expression, age, national origin, disability, or other protected category (or that of the individual’s relatives, friends, or associates) that: (1) has the purpose or effect of creating an intimidating, hostile, humiliating, or offensive working environment; (2) has the purpose or effect of unreasonably interfering with an individual’s work performance; or (3) otherwise adversely affects an individual’s employment opportunities.

Depending on the circumstances, the following conduct may constitute discriminatory harassment: (1) epithets, slurs, negative stereotyping, jokes, or threatening, intimidating, or hostile acts that relate to race, color, gender, religion, sexual orientation, gender identity/expression, age, national origin, or disability; and (2) written or graphic material that denigrates or shows hostility toward an individual or group because of race, color, gender, religion, sexual orientation, gender identity/expression, age, national origin, or disability and that is circulated in the workplace, or placed anywhere in the organization’s premises. Depending on the circumstances, such behavior may not be severe or pervasive enough to create an unlawfully hostile working environment. Nevertheless, the organization considers the behavior inappropriate and will take necessary disciplinary action even when the behavior is not unlawful. It is also against FJC policy to retaliate filing a complaint of discriminatory harassment or for cooperating in an investigation of a complaint of discriminatory harassment.

Reporting of Harassment: If you believe that you have experienced or witnessed sexual harassment or other discriminatory harassment by any employee or contractor, vendor, or Director of FJC, you should report the incident immediately to your FJC supervisor or to the Chief Program Officer of FJC. Possible harassment by others with whom the organization has a business relationship should also be reported as soon as possible so that appropriate action can be taken. Although reports may be made verbally, individuals are strongly encouraged to make any reports of sexual harassment or other discriminatory harassment in writing. Doing so can assist in the investigation process.

FJC will promptly and thoroughly investigate all reports of harassment as discreetly and confidentially as practicable. The investigation would generally include a private interview with the person making a report of harassment. It would also generally be necessary to discuss allegations of harassment with the accused individual or with other employees. FJC’s goal is to conduct a thorough investigation, to determine whether harassment occurred, and to determine what action to take against an offending individual. To the extent feasible, only individuals who the organization determines have a need to know will be informed of the allegations and they will be requested to treat the matter confidentially.

If FJC determines that a violation of this policy has occurred, it will take appropriate disciplinary action against the offending party, which can include counseling, warnings, transfers, suspensions, and termination. Individuals who report violations of this policy and individuals who cooperate with investigations into alleged violations of this policy will not be subject to retaliation. Upon completion of the investigation, the organization will provide the employee who made the complaint with appropriate information about the outcome of the investigation.

Other Information: Employees should bring any concerns about possible sexual or other discriminatory harassment to FJC’s attention. The following list identifies the agencies responsible for governmental enforcement of employment discrimination laws, including laws prohibiting discriminatory harassment. Compliance with this policy is a condition of each employee’s employment.

Respectful Workplace and Violence Prevention Policy: FJC is committed to maintaining a safe and collegial work environment. Accordingly, the organization has adopted the following guidelines to deal with workplace conduct that is inconsistent with this commitment. This policy applies to conduct that may occur during business hours, on its premises, and/or at work-related events.

Conduct: All employees, directors, contractors, vendors, guests, and other individuals who have a relationship with the organization should be treated with courtesy and respect at all times. All individuals connected with the organization including employees and contractors are expected to refrain from verbal or physical fighting, including “horseplay,” or other conduct that may be dangerous or unduly offensive to others. Firearms, weapons, and other dangerous or hazardous devices or substances are strictly prohibited from the premises of FJC or at any FJC sponsored or work-related events. Conduct that is in some way connected with employment at FJC and that threatens, intimidates, or coerces another employee, customer, or a member of the public at any time, including off-duty periods, will not be tolerated. This prohibition includes all acts of harassment, including but not limited to harassment that is based on an individual’s sex, race, national origin, age, sexual orientation or any characteristic protected by federal, state, or local law.

Reporting Procedures: All threats, both direct and indirect, should be reported as soon as possible to your immediate supervisor and/or FJC’s Chief Program Officer. This includes threats by employees, as well as threats by contractors, vendors, guests, or other members of the public. When reporting a threat of violence, you should be as specific and detailed as possible. All suspicious individuals or activities should be reported as soon as possible to a supervisor. No individual should attempt to handle a dangerous situation alone.

Investigation and Enforcement: FJC will promptly and thoroughly investigate all reports of threats of (or actual) violence and of suspicious individuals or activities. The identity of the individual making a report will be protected as much as is practical. If the organization has reason to believe an employee or contractor is responsible for threats of (or actual) violence or other conduct that is in violation of this policy, the individual will be subject to prompt disciplinary action up to and including termination of employment. The employee or contractor may be suspended from the workplace during an investigation into such conduct. FJC will deal with complaints of disrespectful conduct as it deems appropriate and in a way that is consistent with its commitment to a safe and collegial workplace.

Non-retaliation and Risk Reduction Measures: FJC encourages employees to bring their disputes or differences with other employees or individuals connected to the organization to the attention of their supervisors or FJC’s Chief

Program Officer before the situation escalates unnecessarily. FJC is eager to assist in the resolution of work-related disputes and will not discipline individuals for raising such concerns.

Prohibited Conduct: Threats, threatening language or any other acts of aggression or violence made toward or by any employee or contractor WILL NOT BE TOLERATED. For purposes of this policy, a threat includes any verbal or physical harassment or abuse, any attempt at intimidating or instilling fear in others, menacing gestures, flashing of weapons, stalking or any other hostile, aggressive, injurious, or destructive action undertaken for the purpose of domination or intimidation. Weapons of any kind are banned, and employees, contractors and visitors are prohibited from carrying or bringing weapons with them into the workplace.

Procedures for Reporting a Threat: All potentially dangerous situations, including threats by co-workers, should be reported immediately to FJC Chief Program Officer or any member of senior management with whom you feel comfortable. Reports of threats may be maintained confidential to the extent maintaining confidentiality does not impede our ability to investigate and respond to the complaints. All threats will be promptly investigated. All employees or contractor must cooperate with all investigations. No employee or contractor will be subjected to retaliation, intimidation, or disciplinary action as a result of reporting a threat in good faith under this policy.

If the FJC determines, after an appropriate good faith investigation, that someone has violated this policy, the FJC will take swift and appropriate corrective action.

If you are the recipient of a threat made by an outside party, please follow the steps detailed in this section. It is important for us to be aware of any potential danger in our offices or at other FJC program or event. Indeed, we want to take effective measures to protect everyone from the threat of a violent act by an employee or by anyone else.

Anti-Retaliation Policy: FJC strictly prohibits and does not tolerate unlawful retaliation against any employee or contractor or by any employee, or contractor. All forms of unlawful retaliation are prohibited, including any form of discipline, reprisal, intimidation, or other form of retaliation for participating in any activity protected by law.

Examples of protected activities include:

Lodging a good faith internal complaint (written or oral) with FJC management specifically opposing unlawful discrimination or harassment.
Filing a good faith complaint of unlawful discrimination or harassment with the US Equal Employment Opportunity Commission (EEOC) or in court.
Participating in FJC’s internal investigation into allegations of sexual harassment.
Supporting another employee or contractor’s internal or administrative complaint of unlawful discrimination (by, for example, testifying or providing an affidavit in support of a co-worker who has filed a discrimination complaint with the EEOC).
Requesting an accommodation under the Americans with Disabilities Act

The examples above are illustrative only, and not exhaustive. No form of retaliation for any protected activity will be tolerated. Any employee or contractor, regardless of position or title, whom Chief Program Officer determines has engaged in retaliation in violation of this policy, will be subject to discipline, up to and including termination of employment.

Complaint Procedure: If you are subjected to any conduct that you believe violates this policy, you must promptly speak to, write, or otherwise contact your direct supervisor or, if the conduct involves your direct supervisor, then contact FJC’s Chief Program Officer within ten (10) days of the offending conduct. If you have not received a satisfactory response within five (5) days after reporting any incident of what you perceive to be retaliatory conduct, please immediately contact the CEO of FJC. These individuals will ensure that an investigation is conducted in a timely fashion. Your complaint should be as detailed as possible, including the names of all individuals involved and any witnesses. FJC will directly and thoroughly investigate the facts and circumstances of all perceived retaliation and will take prompt corrective action, if appropriate.