Human Resources Policy

Transcription

1 Northwestern Memorial Hospital Human Resources Policy Subject Page Policy # EMPLOYEE RELATIONS 1 of Title Revision of Effective Date HARASSMENT 9/01/09 12/01/09 I. PURPOSE II. III. Northwestern Memorial is committed to a workplace free of discrimination and harassment based on race, color, religion, age, sex, national origin, disability, veteran status, or any other protected status. Offensive or harassing behavior will not be tolerated. To ensure a harassment-free workplace and reduce the potential of harassment, all employees should review and understand all provisions of this policy. PERSONS AFFECTED This policy applies to all regular and temporary, full-time, part-time and casual employees of Northwestern Memorial, exclusive of any subsidiaries or operating units that have enacted separate policies for the subjects covered herein. This policy also applies to others who have business on Northwestern Memorial premises including physicians, volunteers, students, patients, vendors, contractors and visitors. POLICY A. Harassment 1. Offensive conduct or harassment of a sexual nature (see also section III.B), or harassment based on race, color, religion, age, sex, national origin, disability, status as a veteran or any protected status is prohibited. This may include but is not limited to: a. Offensive physical actions, written or spoken, and graphic communication that denigrates or shows hostility or aversion toward an individual because of his or her protected status, or that of his or her relatives, friends, or associates. b. Any type of physical contact when the action is unwelcome by recipient. c. Expectations, requests, demands or pressure for sexual favors. d. Slurs, jokes, posters, cartoons, and gestures that are offensive. 2. Any such offensive conduct will be considered a prohibited form of harassment when any of the following are true: a. There is a promise or implied promise of preferential treatment or negative consequence regarding employment decisions or status. b. Such conduct has the effect of creating an intimidating or hostile or offensive work environment, or unreasonably interferes with a person's work performance. c. A third party is offended by the sexual conduct or communication of others. d. Actions or words have the purpose or effect of unreasonably interfering with an individual s work performance. e. Actions or words adversely affect an individual s employment opportunities. 3. Harassment is considered a form of employee misconduct. Disciplinary action up to and including termination will be taken against any employee engaging in this type of behavior.

2 2Title: Page: Policy #: B. Sexual Harassment Any supervisor or manager who has knowledge of such behavior yet takes no action to end it is also subject to disciplinary action. 1. Sexual harassment is unlawful under both state and federal law. Sexual harassment is unwanted sexual attention of a persistent or offensive nature made by a person who knows, or reasonably should know, that such attention is unwanted. Sexual harassment includes sexually oriented conduct that is sufficiently pervasive or severe to unreasonably interfere with an employee's job performance or create an intimidating, hostile, or offensive working environment. While sexual harassment encompasses a wide range of conduct, some examples of specifically prohibited conduct include: a. Promising, directly or indirectly, an employee a reward if the employee complies with a sexually oriented request; b. Threatening, directly or indirectly, to retaliate against an employee if the employee refuses to comply with a sexually oriented request; c. Denying, directly or indirectly, an employee an employment-related opportunity if the employee refuses to comply with a sexually oriented request; d. Engaging in sexually suggestive physical contact or touching another employee in a way that is unwelcome; e. Displaying, storing, or transmitting pornographic or sexually oriented materials using Northwestern Memorial equipment or facilities; f. Engaging in indecent exposure; or g. Making sexual or romantic advances toward an employee and persisting despite the employee's rejection of the advances. 2. Sexual harassment can be physical and/or psychological in nature. An aggregation of a series of incidents can constitute sexual harassment even if one of the incidents considered on its own would not be harassing. 3. Sexual harassment can involve males or females being harassed by members of either sex. Although sexual harassment typically involves a person in a greater position of authority than the victim, individuals in positions of lesser or equal authority also can be found responsible for engaging in prohibited harassment. Consensual sexual or romantic relationships between employees are deemed unwise and are strongly discouraged if one employee has supervisory authority over the other employee. C. Senior Management, Directors and Managers have a responsibility to provide a work environment to their employees that is free of harassment. When aware of a violation to this policy, managers are required to intervene on behalf of the employee and take immediate corrective action, which may include disciplinary action up to and including discharge or termination of services. D. Any employee who believes they are receiving treatment that is in violation of this policy should notify a manager. If reporting the complaint to a manager is not deemed to be appropriate by the employee, a Director, the Director of Human Resources or an Employee Relations Consultant should be contacted. Additionally, an employee may file a complaint through the Employee Feedback Box located on NM Connect, or by calling the Corporate Integrity Hotline at

3 3Title: Page: Policy #: E. It is also a violation of this policy for any individual to retaliate in any way against an employee or others for coming forward to register a harassment complaint. Such an action would be considered a separate offense for disciplinary purposes. F. Responsibilities: 1. Employees: If employees believe that they have been subject to harassment or any unwanted sexual attention, they should: a. If comfortable doing so, make their unease and/or disapproval directly and immediately known to the person; b. Make a written record of the date, time, and nature of the incident(s) and the names of any witnesses; and c. Immediately report the incident to a Manager or Director, or to the Director, Human Resources or a Human Resources Consultant. All incidents of harassment or inappropriate sexual conduct must be reported regardless of the seriousness. Employees may make complaints either verbally or in writing, and are not required to comply with paragraphs F.1.a. and b. above before making a complaint. 2. Managers and Directors must deal expeditiously and fairly with allegations of harassment and inappropriate sexually oriented conduct within their departments whether or not there has been a written or formal complaint. Managers must: a. Inform the Director of Human Resources or a Human Resources Consultant of the allegation; b. Act promptly in conjuction with Human Resources to investigate the harassment or inappropriate sexually oriented conduct; c. Take corrective action to prevent prohibited conduct from recurring. d. Managers who knowingly allow or tolerate harassment or inappropriate sexually oriented conduct are in violation of this policy and subject to discipline. 3. Director, Human Resources, or Human Resources Consultant is responsible for: G. Resolution a. Ensuring that both the individual filing the complaint (hereafter referred to as the complainant) and the accused individual (hereafter referred to as the respondent) are aware of the seriousness of a harassment complaint; b. Explaining Northwestern Memorial's harassment policy and investigation procedures to the complainant and the respondent; c. Exploring informal means of resolving harassment complaints; d. Arranging for an investigation of the alleged harassment and the preparation of a written report; and e. If criminal activities are alleged, notifying Security who will notify the police. 1. Employees often can stop or prevent harassment and inappropriate sexually oriented conduct by immediately and directly expressing their disapproval of an individual's sexually oriented attention or conduct. 2. In many cases, a manager's informal warning to an employee who has allegedly harassed someone, combined with appropriate follow-up supervision and monitoring of the

4 4Title: Page: Policy #: IV. employee's behavior might be sufficient to prevent or stop harassment and inappropriate sexually oriented conduct. 3. If a harassment or sexually inappropriate conduct allegation is substantiated, immediate corrective action will be taken, which includes notifying affected parties, resolving the complaint and administering appropriate disciplinary action. 4. Discipline will be administered by the Respondent based on discussions with and recommendations from the Employee Relations and, if necessary the Office of the General Counsel. Documentation of disciplinary action shall be placed in the disciplined individual s personnel file. If the individual is not a Northwestern Memorial employee, a determination will be made by Employee Relations, the Office of the General Counsel, and the affected division on the appropriate action to take. H. Confidentiality 1. All information obtained related to a complaint is to be held in strict confidence and only disclosed on a need-to-know basis to investigate and resolve the matter. However, the identity of the complainant usually is revealed to the respondent and witnesses. Generally, documentation collected in connection with harassment or inappropriate sexually oriented conduct complaint will be maintained by Human Resources for a period of three years after the complaint has been resolved. 2. A copy of the investigation report and the final decision is included in the personnel file of the respondent only if the investigation concluded that the individual engaged in prohibited conduct. 3. No record of a complaint is kept in the complainant's personnel file, unless the investigation concludes that the complaint was reckless, frivolous, or vexatious. I. Northwestern Memorial's policy on harassment and inappropriate sexually oriented conduct will be communicated through various means including, but not limited to, posting on official bulletin boards and electronic web sites, new employee orientations, official publications, and distribution to vendors and others. MODIFICATIONS Statements of policy contained herein are not made for the purpose of inducing any person to become or remain an employee of NM, and should not be considered promises or as granting property rights. NM may add to, subtract from and/or modify this Policy at any time without notice. Nothing contained in this Policy impairs the right of an employee or NM to terminate the employment relationship at will. V. SPECIAL A. Questions regarding this policy should be referred to your manager, director or your Human Resources Consultant. B. NMH is committed to working with all employees to resolve incidents of harassment internally, including sexual harassment, according to the process set forth above. All employees, however, have the right to file formal charges with the Illinois Department of Human Rights (IDHR) and/or the Equal Employment Opportunity Commission (EEOC). A charge with the IDHR must be filed within 180 days of the alleged incident of harassment, and within 300 days if filed with the EEOC. The Illinois Department of Human Rights may be contacted as follows:

5 5Title: Page: Policy #: Chicago (312) Chicago TTD (312) Springfield (217) Springfield TDD (217) Marion (618) The United States Equal Employment Opportunity Commission can be contacted as follows: Chicago (312) TDD VI. APPROVALS Responsible Party: Kristine E. Jagnow Programs Manager HR Compliance Reviewers: Office of the General Counsel Approval Party: Dean L. Manheimer Senior Vice President, Human Resources