The California Department of Fair Employment and Housing (DFEH) prohibits coworkers and third parties, as well as supervisors and managers, with whom an employee comes into contact, from engaging in conduct prohibited by the Fair Employment and Housing Act (FEHA).
Policy
Seven Hills School has a zero-tolerance policy for any conduct that violates this Policy. Harassment, discrimination, or retaliation against an applicant, intern, volunteer, employee, or student by employees, students, or any business associates, such as parents, vendors, or independent contractors, on the basis of any protected classification, as defined in this policy, is strictly prohibited and will not be tolerated. Conduct need not rise to the level of a violation of law in order to violate this Policy. Instead, a single act can violate this Policy and provide grounds for discipline or other appropriate sanctions. If you are in doubt as to whether or not any particular conduct may violate this Policy, do not engage in the conduct and seek guidance from the Head of School.
Protected Classifications
This Policy prohibits harassment or discrimination because of an individual’s classification(s). “Protected Classification” includes race, color, religion (including all aspects of religious beliefs, observance or practice, including religious dress or grooming practices), sex (including gender, gender identity, gender expression, transgender, pregnancy and breastfeeding), sexual orientation (including heterosexuality, homosexuality, homosexuality, and bisexuality), national origin, ancestry, citizenship status, uniformed service member status, marital status, domestic partnership status, age, medical condition, genetic characteristics or information, and physical or mental disability.
Policy Coverage
This Policy prohibits administrators, employees, students and business associates, including parents, vendors and independent contractors, unpaid interns and volunteers from harassing or discriminating against applicants, administrators, employees, contractors, students and parents because: (1) of an individual’s protected classification; (2) of the perception of an individual’s protected classification, or (3) the individual associates with a person who has or is perceived to have a protected classification. This Policy also prohibits retaliation as defined below.
Discrimination
This Policy prohibits treating individuals differently because of the individual’s actual or perceived protected classification as defined by this Policy by taking an adverse action against or denying a benefit to that individual.
Harassment
Harassment means words or conduct undertaken because of an individual’s protected classification, and which subjectively and objectively offend another person. Harassment based on sex or any other protected category is unlawful and will not be tolerated.
Harassment may include, but is not limited to, the following types of behavior engaged in because of a person’s protected classification. Note that harassment is not limited to conduct undertaken by School employees. Under certain circumstances, harassment can also include conduct taken by those who are not employees, persons providing services under contracts, students, parents, or even members of the public:
a. Speech: This includes epithets (nicknames and slang terms), derogatory or suggestive comments, propositioning, jokes or slurs, including graphic verbal commentaries about an individual’s body, or that identify a person on the basis of their protected classification. This might include comments on appearance, such as dress or physical features, or jokes that are consistent with gender identification or race.
b. Visual acts: This includes derogatory posters, notices, bulletins, cartoons, drawings, sexually suggestive objects, or e-mails on the basis of a protected classification.
c. Physical acts: This includes assault, offensive touching, impeding or blocking movement, grabbing, patting, leering, making express or implied job-related threats or promises in return for submission to physical acts.
d. Sexual harassment: This is defined as unwelcome sexual advances, requests for sexual favors, and other conduct of a sexual nature where submission is made a term or condition of employment, where submission to or rejection of the conduct is used as the basis for employment decisions, or where the conduct is intended to or actually does unreasonably interfere with an individual’s work performance or create an intimidating, hostile, or offensive working environment. This may include conduct between members of the opposite or same gender, and may also include conduct not motivated by sexual desire.
Guidelines for Identifying HarassmentTo help clarify what constitutes harassment in violation of this Policy, use the following guidelines:
- Harassment includes any conduct which would be “unwelcome” to an individual of the recipient’s same protected classification and which is taken because of the recipient’s protected classification.
- It is no defense that the recipient appears to have voluntarily “consented” to the conduct at issue. A recipient may not protest for many legitimate reasons, including the need to avoid being insubordinate or to avoid being ostracized.
- Simply because no one has complained about a joke, gesture, picture, physical contact, or comment does not mean that the conduct is welcome. Harassment can evolve over time. The fact that no one is complaining now does not preclude anyone from complaining if the conduct is repeated in the future.
- Even visual, verbal, or physical conduct between two employees who appear to welcome the conduct can constitute harassment of a third party who observes the conduct or later learns about it. Conduct can constitute harassment even if it is not explicitly or specifically directed at an individual.
- Conduct can constitute harassment in violation of this Policy even if the individual engaging in the conduct has no intention to harass. Even well-intentioned conduct can violate this Policy if the conduct is directed at, or implicates a protected classification, and if an individual of the recipient’s same protected classification would find it offensive (e.g., gifts, overattention, endearing nicknames).
The determination of what constitutes harassment will depend on specific facts and the context in which the conduct occurs.
Retaliation
Any adverse conduct taken because an applicant, employee, or contractor has reported harassment or discrimination, or has participated in the complaint and investigation process described herein, is prohibited. “Adverse conduct” includes but is not limited to: taking sides because an individual has reported harassment or discrimination, spreading rumors about a complaint, shunning and avoiding an individual who reports harassment or discrimination, or real or implied threats of intimidation to prevent an individual from reporting harassment or discrimination. The following individuals are protected from retaliation: those who make good faith reports of harassment or discrimination, and those who associate with an individual who is involved in reporting harassment or discrimination or who participates in the complaint or investigation process.