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Sexual Harassment Prevention Policy

COMMITMENT TO DIVERSITY  

Equal Employment Opportunity  

  The Asian American Bar Association of New York (“AABANY” or “our”) is committed to equal employment opportunity and to compliance with federal antidiscrimination laws. We also comply with New York law which prohibits discrimination and harassment against any employees, applicants for employment or interns, as well as contractors, subcontractors, vendors, consultants, or other individuals providing services in the workplace and their employees, based on race (including traits  historically associated with race, such as hair texture and protective hair styles), color,  religion, sex (including pregnancy, childbirth or related medical conditions and transgender status), gender identity or expression, familial status, national origin or ancestry, citizenship, physical or mental disability (including gender dysphoria), genetic  information (including predisposing genetic characteristics), age (18 and over), veteran status, military status, sexual orientation, marital status, familial status, certain arrest or conviction records and domestic violence victim status. AABANY will not tolerate discrimination or harassment based upon an individual’s membership in one or more of  these protected categories, known relationship or association with a member of one or more of these protected categories, or any other characteristic protected by applicable federal, state or local law. 

Sexual Harassment 

AABANY is committed to providing a work environment that is free of unlawful  sexual harassment. AABANY strictly prohibits sexual harassment by or against any  individuals involved in our operations, including employees (regardless of position), applicants, interns (paid or unpaid), vendors, contractors, sub-contractors, consultants and any other third party involved in our operations. If such harassment is committed  in the workplace by someone not employed by AABANY, the reporting and complaint  procedure in this policy should still be followed. The workplace includes: actual  worksites, any setting in which work-related business is being conducted (whether  during or after normal business hours), online and electronic interactions with AABANY employees and third parties involved in our operations, AABANY-sponsored events, and AABANY owned/controlled property.  

Sexual Harassment Defined 

Sexual harassment is unwelcome verbal or physical behavior based upon a  person’s gender/sex and includes unwanted verbal or physical sexual advances, requests for sexual favors or visual, verbal or physical conduct of a sexual nature when:  

  • Submission to such conduct is made a term or condition of employment; or
  • Submission to, or rejection of, such conduct is used as a basis for employment decisions affecting the individual; or
  • Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment, even if the individual making the report is not the intended target of such conduct.

The following is a non-exhaustive list of the types of conduct prohibited by this policy:

  • Unwanted sexual advances or propositions (including repeated and unwelcome requests for dates);
  • Offers of employment benefits in exchange for sexual favors;
  • Making or threatening reprisals after a negative response to sexual advances;
  • Visual conduct: leering, making sexual gestures, displaying of pornographic or sexually suggestive images, objects, pictures, cartoons, graffiti, posters or websites on computers, emails, cell phones, bulletin boards, etc.;
  • Verbal conduct: making or using sexist remarks or derogatory comments based on gender, innuendos, epithets, slurs, sexually explicit jokes, whistling, suggestive or insulting sounds or lewd or sexual comments about an individual’s appearance, body, dress, sexuality or sexual experience;
  • Verbal and/or written abuse of a sexual nature, graphic verbal and/or written sexually degrading commentary about an individual's body or dress, sexually suggestive or obscene letters, notes, invitations, emails, text messages, tweets or other social media postings;
  • Physical conduct: unwelcome or inappropriate touching of employees or customers, physical violence, intimidation, assault or impeding or blocking normal movements;
  • Hostile actions taken against an individual because of that individual’s sex, sexual orientation, gender identity, gender expression, or the status of being transgender, such as:
    • Interfering with, destroying or damaging a person’s workstation, tools or equipment, or otherwise interfering with the individual’s ability to perform the job;
    • Sabotaging an individual’s work; and
    • Bullying, yelling, name-calling.
  • Retaliation for making reports or threatening to report sexual harassment.

Sexual harassment can occur regardless of the gender of the person committing it or the person exposed to it. Harassment on the basis of an individual’s sexual orientation, self-identified gender, perceived gender, or transgender status are all forms of prohibited sexual harassment.

Individuals who observe conduct that may violate this policy are encouraged, but not required, to communicate to the offending person that the conduct is offensive and unwelcome. Individuals who observe any behavior directed at others that may violate this policy are encouraged to take reasonable action to defuse such behavior, if possible, such as intervening directly, alerting the Executive Director, President, or a designee of the Board of Directors to assist or making a report under this policy.  

Protection Against Retaliation  

Retaliation is prohibited against any person covered by this policy who, in good  faith: makes a complaint of sexual harassment, either internally or with a government  agency, using the complaint procedures described below; objects to, opposes or speaks out against sexual harassment; participates in a sexual harassment investigation; encourages another person to report harassment; or files, testifies, assists or participates in any manner in any investigation, proceeding or hearing conducted by a governmental enforcement agency. Prohibited retaliation includes, but is not limited to, termination, demotion, suspension, failure to hire or consider for hire, failure to give equal consideration in making employment decisions, failure to make employment recommendations impartially, adversely affecting working conditions or otherwise denying any employment benefit. Retaliation is unlawful and a form of misconduct that will result in disciplinary action, up to and including termination of employment.  

Individuals who believe that they or any other individual have been subjected to retaliation should report this concern using the complaint procedure set forth below.  

Complaint Procedure  

Individuals who believe that they or another individual have been subjected to sexual harassment, should, as soon as possible, report it to their manager or the  Executive Director, President, or a designee of the Board of Directors at complaint@aabany.org. Employees are not required to make the report to their immediate supervisor, manager or person who has engaged in the complained of conduct. Reports of sexual harassment can be made verbally or in writing. To submit a complaint in writing, individuals can use the complaint form attached to this policy, but are not required to do so.  

After a report is received or AABANY otherwise becomes aware of a possible violation of this policy, a fair, timely, thorough and objective investigation will be undertaken if needed and will reach reasonable conclusions based on the information  collected unless AABANY determines that the immediate safety or security of  participants or other individuals may be at risk. If such safety or security is at risk, AABANY may take action without providing notice or conducting an investigation, including contacting relevant law enforcement authorities.

AABANY will maintain confidentiality surrounding the investigation to the extent  possible, consistent with a thorough and objective investigation, and to the extent permitted or required under applicable law. Both the person(s) raising the complaint and the person(s) about whom the complaint was made will be permitted to provide information that may be relevant to the investigation.  

AABANY also will gather information and speak with witnesses, as applicable.  Once the investigation is completed and a determination is made, the complaining  person(s) will be advised that the investigation has been completed and may be  informed of the resolution. The individual about whom the complaint was made will be informed of the outcome and, if AABANY determines that this policy has been violated, will be subject to disciplinary action. AABANY expects all employees to fully cooperate with any investigation conducted by AABANY into a complaint of sexual harassment.  

Supervisory Responsibilities  

All supervisors or managers who receive a complaint or information about  suspected sexual harassment, observe behavior that may violate this policy or for any other reason suspect that sexual harassment is occurring, are required to report such suspected sexual harassment to the Executive Director, President, or a designee of the  Board of Directors at complaint@aabany.org.  

In addition to being subject to discipline for engaging in sexually harassing conduct themselves, supervisors and managers will be subject to discipline (up to and including termination) for failing to report suspected sexual harassment or otherwise knowingly allowing sexual harassment to continue. Supervisors and managers will also be subject to discipline for engaging in prohibited retaliation.  

Discipline  

If AABANY determines that this policy has been violated, including in the event  that a manager knowingly allows the policy to be violated without reporting it, prompt  remedial action will be taken, commensurate with the severity of the offense, up to and  including termination of employment. Appropriate action will also be taken to deter any  such conduct in the future.  

Good Faith Reporting 

The initiation of a good faith complaint of sexual harassment or retaliation will not be grounds for disciplinary or other retaliatory action, even if the allegations cannot be substantiated or the employee was mistaken about aspects of the complaint. Any individual who makes a complaint that is demonstrated to be intentionally false may be subject to discipline, up to and including termination of employment

Legal Protections

Sexual harassment is illegal under the New York State Human Rights Law, Title  VII of the federal Civil Rights Act of 1964, and some local laws. Employees may file a complaint with the federal Equal Employment Opportunity Commission, the New York State Division of Human Rights, the New York City Commission on Human Rights, another enforcement agency (if applicable) or in certain courts of law. Agencies accept  and investigate charges of sexual harassment. The Equal Employment Opportunity Commission has district, area and regional offices and may be contacted by visiting  www.eeoc.gov, emailing info@eeoc.gov or by telephone at 1-800-669-4000 (TTY  1;800-669-6820).

The New York State Division of Human Rights may be contacted by visiting www.dhr.ny.gov, by telephone at 718-741-8400, or by mail to One Fordham Plaza, Fourth Floor, Bronx, New York 10458.

The New York City Commission on Human Rights can be contacted by visiting http://www.nyc.gov/html/cchr/html/home/home.shtml or by telephone at (212) 306-7450. Employees subjected to unlawful harassment may be entitled to certain remedies, including monetary damages, civil penalties, and injunctive relief (such as an order that certain action be taken or certain behavior stop).  

A Stop Sexual Harassment Act Fact Sheet is attached to this Policy and posted on the AABANY website available at https://cdn.ymaws.com/www.aabany.org/resource/resmgr/professionalism/sh_factsheet.pdf.