Equal Employment Opportunity Policies Prohibiting Unlawful Discrimination and Harassment

The Company is an equal employment opportunity employer. Employment decisions are based on merit and business needs, and not on race, color, sex, pregnancy, childbirth and related medical conditions, sexual orientation, gender identity or expression, family or marital status, religion, age, disability, veteran status, genetic information and testing, citizenship, national origin, ancestry, off-duty tobacco use, expunged arrest or conviction records, protective order status, or any other characteristic protected by law.  The Company prohibits unlawful discrimination against an applicant or employee based on the individual’s protected characteristics.

Unlawful Harassment

The Company also prohibits unlawful harassment. Unlawful harassment is unwelcome conduct based on any protected status mentioned in the paragraph above, or other basis prohibited by law.  Such harassment becomes unlawful where enduring the unwelcome conduct becomes a condition of employment, or the conduct is so severe or pervasive that it creates a work environment that a reasonable person would consider intimidating, hostile or abusive. One incident of harassment may be so severe as to constitute unlawful conduct. Harassing conduct can be spoken or written, graphic or physical.  It can be done to offend or as insensitive joking. It can be done for the purpose or effect of unreasonably interfering with an individual’s work performance.

Sexual harassment deserves special mention.  Sexual harassment infringes on an employee’s right to a comfortable working environment and undermines the integrity of the employment relationship.  No employee, male or female, should be subjected to unsolicited and unwelcome sexual overtures or conduct from other employees of the Company, clients or other persons with whom the caregiver interacts with as part of his or her employment with the Company.

Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct or communication constitutes sexual harassment when:

● Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;

● Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or,

● Such conduct has the purpose or effect of unreasonably or substantially interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment by verbal, physical or visual conduct of a sexual nature.

Examples of sexual harassment include, but are not limited to: unwanted sexual advances; demands for sexual favors in exchange for favorable treatment or continued employment; repeated sexual jokes, flirtations, advances or propositions; verbal abuse of a sexual nature; graphic verbal commentary about an individual’s body, sexual prowess or sexual deficiencies; leering; whistling; touching; pinching; assault; coerced sexual acts; suggestive, insulting, obscene comments or gestures; and display in the workplace of sexually suggestive objects or pictures.

Conduct constituting harassment will not be tolerated in the workplace or in other work-related settings.  If you feel you have been subjected to harassment, tell the offending person that you want the activity to stop immediately if you feel comfortable doing so.  Because some conduct may be considered offensive by some and not by others, you should put your fellow employees, supervisors and managers on notice if you are offended by any of their conduct or comments.

Reporting Incidents of Unlawful Discrimination and/or Harassment

Any employee who believes he or she has been unlawfully discriminated against or harassed by a coworker, supervisor, manager or agent of the Company, or by any individual we serve, their family members, visitors, health care providers or other persons who serve the individual or the Company, should promptly report the facts of the incident or incidents and the names of the persons involved and witnesses, if any, to any one of the following management members: his or her supervisor; any one of the Company’s Managers; or directly to the Owner.  Supervisors and Managers should promptly report such incidents to the Owner.  Supervisors and Managers who fail to timely report incidents of this nature to the Owner will be disciplined up to and including termination.

All claims of unlawful discrimination and/or harassment will be promptly investigated, and any reported offending employee will be placed on unpaid suspension pending the Company’s determination.  The Company will seek to maintain confidentiality in this process to the extent it is possible and lawful.  Employees who fail to cooperate in good faith during the investigation process will be disciplined up to and including termination. After an investigation is completed, a determination will be made and communicated to the reporting employee and other affected individuals as soon as practical.  If the Company determines that prohibited discrimination, harassment or sexual harassment occurred, the Company will take immediate corrective action to stop the unlawful conduct, up to and including discharging an offending employee if applicable, in accordance with Company policies.  If a report cannot be objectively substantiated or confirmed, the Company reserves the right to use disciplinary or other corrective action for addressing behavior or conduct it believes is improper, even if it does not rise to the level of unlawful discrimination, harassment or sexual harassment.  

In the event any employee of the Company is found to have compelled or coerced any person into engaging in unlawful discrimination or harassment, prompt corrective and disciplinary actions will be taken against that employee up to and including termination.   In the event any employee of the Company is found to have compelled or coerced any person into engaging in unlawful discrimination or harassment, prompt corrective and disciplinary actions will be taken against that employee up to and including termination.

No Retaliation