1. Employers must take all reasonable steps to prevent harassment from occurring.
2. "Harassment" on the basis of sex includes sexual harassment, gender harassment, and harassment based on pregnancy, childbirth or related medical conditions.

The Equal Employment Opportunity Commission (EEOC), which enforces federal prohibitions against sexual harassment, defines sexual harassment as "unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature."

1. Such requests, advances or sexual conduct constitute sexual harassment when:

• It is an employment condition submission to such conduct is made a term or condition of employment.
• It is an employment consequence submission to or rejection of such conduct is used as a basis for employment decisions affecting individuals.
• It is an offensive job interference such conduct has a purpose or effect of unreasonably interfering with an employee's work performance or creating an intimidating, hostile or offensive work environment.

The California Fair Employment and Housing Commission (FEHC), which enforces state law on the subject, further defines sexual harassment to include:(3)

• Verbal harassment, such as epithets, derogatory comments or slurs;
• Physical harassment such as assault or physical interference with movement or work; and
• Visual harassment, such as derogatory cartoons, drawings or posters.

Both unwelcome sexual advances of an employer toward an employee of the same sex and harassment on the basis of pregnancy disability are unlawful sexual harassment under the Fair Employment and Housing Act (FEHA).(4)

Over the years, the courts have separated sexual harassment into two main categories:

1. "Quid pro quo" sexual harassment. This occurs when a supervisor or manager conditions an employment benefit or continuing employment on the employee's acquiescence in the form of sexual behavior.

2. "Hostile" or "offensive" work environment sexual harassment. No employment benefits need be lost or gained, and this type of harassment may be engaged in not only by management or supervisors, but also by coworkers or persons who are not even employed by the employer. Offensive work environment sexual harassment occurs where sexual jokes, suggestive remarks, cartoons, physical interference with movement such as blocking or following, and sexually derogatory comments create an offensive working environment.

Sexual harassment applies to both sexes, and may include sexually explicit statements or creation of a hostile environment by women toward men. In addition, discrimination on the basis of actual or perceived sexual orientation is unlawful under state law.

Employers are required to post a state Department of Fair Employment and Housing (DFEH) poster, which includes information about the illegality of sexual harassment, in a prominent and accessible location in the workplace.

In addition, employers are required to prepare an information sheet on sexual harassment, and to assure distribution of this information to all employees. This information sheet is in addition to any policy in an employee handbook and/or any posted policy. The distributed information sheet must include, at a minimum, components of the following:

• The illegality of sexual harassment;
• The definition of sexual harassment under applicable state and federal law;
• A description of sexual harassment, utilizing examples;
• The internal complaint process of the employer available to the employee;
• The legal remedies and complaint process available through DFEH;
• Directions on how to contact DFEH; and
• The DFEH regulatory protections against retaliation for opposing sexual harassment, filing a complaint with, or participating in an investigation, proceeding or hearing conducted by DFEH. These regulations are found in Title 2, of the California Code of Regulations, Section 7287.8.

Policy. Company X is committed to providing a productive and pleasant work environment. In keeping with this commitment, Company X maintains a strict policy of prohibiting any type of harassment. (Sexual) harassment interferes with an employee’s work performance and creates an intimidating, hostile and offensive work environment. (Sexual) harassment will not be tolerated.

Harassment does not refer to occasional compliments of a socially acceptable nature. It refers to behavior which is unwelcome, personally offensive, debilitates morale, and interferes with work effectiveness. Such conduct is specifically prohibited. No one may imply or threaten that an employee or job applicant’s "cooperation" of a sexual nature (or refusal thereof) will have any effect on any employment condition (hire, assignment, compensation, advancement, transfer, benefits, etc.). Any such action will bring prompt disciplinary action, up to and including possible termination.

Definition. Federal and State law define sexual harassment as unwanted sexual advances, or visual, verbal, or physical conduct of a sexual nature. Sexual harassment may take many forms, including:

• Verbal conduct (derogatory comments, slurs, or jokes)
• Visual conduct (leering, derogatory posters, cartoons, or gestures)
• Physical conduct (touching or impeding movement)
• Repeated offensive sexual flirtations
• Unwelcome advances (flirtations, advances, or propositions)
• Graphic or degrading sexual verbal comments regarding personal appearance

Procedures If You Believe You Have Been Harassed. Any employee who believes they have been subjected to unlawful harassment or intimidation is strongly encouraged to promptly bring such to the attention of any member of management. All complaints will be treated in the strictest confidence as is possible under the specific circumstances and will be promptly investigated. If it is determined unlawful harassment has occurred, prompt and appropriate action will be taken commensurate with the severity of the offense, up to and including warnings, suspension, and/or termination. Please immediately report the facts of the incident to:

• Any member of the management, the Board of Directors, any officer, the President, or any member of the Human Resources Department. Collect calls will be accepted.
• Any local Department of Fair Employment and Housing (D.F.E.H.) office listed in your local telephone book.

Investigation. Company X will conduct an impartial investigation of every (sexual) harassment complaint, as confidentially as possible under the specific circumstances. Any employee determined to have harassed another employee will be subject to disciplinary action up to and including possible termination. Additionally, Company X will not tolerate any form of retaliation towards an individual filing a good faith complaint. If retaliation occurs, it will result in further disciplinary action, up to and including possible termination.

_____________________________

President

January 13, 1997