12.6 Sexual and Other Unlawful Harassment or Discrimination

FNU is committed to providing a work environment free of discrimination and unlawful harassment. Such behavior is illegal under both state and federal law and will not be tolerated.

Actions, words, jokes, or comments based on an individual's race, color, religion, ancestry, sex, pregnancy, national origin, age, disability, veteran status, marital status, familial status, gender identity, gender expression, sexual orientation, source of income, actual or perceived status as a victim of domestic violence, dating violence, or stalking, or other status protected by law will not be tolerated.

All types of sexual conduct (both overt and subtle) are forms of employee misconduct that are demeaning to others, undermine the integrity of the employment relationship, and are strictly prohibited. In terms of sexual harassment, there are two general categories of intolerable behavior.

Hostile Environment. Harassment that occurs when sexual or other discriminating conduct unreasonably interferes with an individual’s performance or creates an intimidating, hostile, or offensive work environment. Or, when a supervisor’s, manager’s or employee’s treatment of another employee is severe or pervasive enough that it creates a “hostile work environment,” altering an individual’s conditions of employment. Supervisors/Managers, co-workers, or non-employees, such as customers or vendors, can create harassment.

Examples: Displaying pictures, calendars, posters or cartoons of a sexual or inappropriate nature, or possessing such material in the work environment. Reading or otherwise publicizing in the work environment materials that are sexually revealing, suggestive, demeaning, or pornographic; holding functions in the office with entertainment with sexually suggestive content; sexually oriented gestures, touching, restriction of movement, flirtations, staring, remarks, jokes, insults, or comments of a sexual nature; subjecting, or threatening to subject, anyone to unwelcome sexual attention, content, coercion or advances. (This is not intended to be an all-inclusive list).

Quid Pro Quo (this for that). Harassment that is considered a “tangible employment action.” When an employee is forced to choose between giving into a supervisor’s or manager’s demand and forfeiting an economic benefit such as pay increase, promotion, or continued employment.

FNU, through its supervisors/managers, is accountable for maintaining a workplace free of any form of harassment or discrimination and for creating an environment where employees are encouraged to communicate their concerns.

FNU has a legal and ethical duty to investigate and eradicate any form of harassment or discrimination, to investigate complaints and to implement remedies for violators of this policy.

All employees shall be required to participate in sexual harassment training when initially hired, and every three years during the employee’s employment. Failure to participate in the required sexual harassment training may result in disciplinary action, up to and including termination.