TITLE: Grievances & Anti-Harassment / Anti-Discrimination
REVISED: January 1, 2018
Evergreen Estates has an open-door policy and encourages employees and supervisor to first try to resolve work-related grievances and concerns on their own; however, when employees and supervisors are unable to find a resolution, or when an issue persists, this policy outlines the procedures to be followed. In any event, employees are always permitted to use this policy to report any concerns of harassment, discrimination, or retaliation in the workplace.
Evergreen Estates intends to provide a safe environment for our employees, visitors, and/or residents. The seriousness of any form of harassment, intimidation or hostile behavior cannot be over emphasized and will not be tolerated.
EQUAL EMPLOYMENT OPPORTUNITY
Evergreen Estates is committed to providing equal employment opportunities and a discrimination- and harassment-free working environment for all employees, regardless of legally protected characteristics or activities such as age, race, color, national origin, sex (gender), sexual orientation, gender identity or expression, religion, political ideology, military or honorably discharged veteran status, marital status, genetic information, disability, or any other consideration or characteristic protected by applicable federal, state, or local laws.
HARASSMENT AND DISCRIMINATION DEFINED
Our policies prohibit discrimination and harassment based on sex. This includes discrimination and harassment based on a person’s gender, sexual orientation, gender identity, or gender expression, including gender stereotyping. The following are examples of sexual harassment prohibited under the facility’s policies:
• using sexually explicit or degrading words to describe an individual;
• sexual jokes or crude remarks;
• unwelcome comments or questions about a person’s body, gender, gender identity, or gender expression;
• questions about a person’s sexual activities or a description of your sexual activities;
• exposing of genitals, buttocks, or breasts;
• leering, sexually-oriented gestures, staring at a person’s breasts or genitals;
• unwanted touching of another person’s body;
• displaying sexual pictures, writings, or devices;
• attempts to trade employment benefits—such as a good evaluation, a raise, or promotion—for a date or for sexual concessions; and
• unwelcome romantic or sexual attention.
Other impermissible harassment and discrimination includes words, gestures, stories, jokes, or nicknames that are derogatory, demeaning, or insulting about a person based upon his or her age, race, color, national origin, sex (gender), sexual orientation, gender identity or expression, religion, political ideology, military or honorably discharged veteran status, marital status, genetic information, disability, or any other consideration or characteristic protected by applicable federal, state, or local laws. Discrimination includes treating someone less favorably in opportunities for work, promotion, shifts, overtime, or other terms and conditions of employment.
Retaliation against a person for having made a complaint of discrimination or harassment, or participated in any investigation, is also illegal and will not be tolerated.
REPORTING PROCEDURE
Evergreen Estates wants an open, friendly environment for all employees and wants to help resolve grievances or harassment claims as quick as possible. If you believe that the conduct or statement of another employee constitutes harassment, discrimination, or retaliation, you must immediately notify your supervisor or the Administrator. Employees are encouraged to notify their direct supervisor first; however, an employee may bring such items to the Administrator or to any other manager the employee feels comfortable approaching with the issue. It is your obligation as an employee to report behavior that you believe may be a violation of this policy. This policy also applies equally to problems that may arise with residents, residents’ families, or other visitors to the facility.
In the event that the supervisor is unable to resolve the claim, the supervisor and/or the employee must bring the issue to the Administrator for review.
All claims handled per this policy shall be reduced to writing and signed by the person initiating the claim. This is to ensure all issues regarding the claim are clearly outlined and made easier to understand. The employee needs to document the minimum:
• Clarify all grievances or harassment, discrimination, or retaliation claims to be investigated
• All employees/individuals who are involved and how they are involved
• Witness to the incident, if any
• Date & time of the incident
INVESTIGATION PROCESS
Evergreen Estates will promptly and thoroughly investigate all reports of harassment, discrimination, and retaliation. Upon receiving a written claim, the management may have the following investigation options:
• Review the claim with witnesses or others who could have information that could assist in ensuring a complete investigation. This includes reviewing the claim with any accused persons to ensure a fair investigation. All discussions will be reduced to written form and should be signed by the interviewee.
• The Administrator may decide to investigate the claim or designate another supervisor to accomplish this task.
The investigation should be completed within 5 business days; however, more days may be needed if the Administrator finds it necessary.
If any employee harasses or intimidates another individual during the course of the investigation, the Administrator will take immediate action to resolve this type of behavior. Employees may be subject to disciplinary action, up to and including termination.
The Administrator has the right to suspend employees until an investigation is completed, when it is believed the situation can’t be resolved without interfering with the delivery of healthcare, creating a disturbance in the workflow of the facility, or when the incident may cause unwarranted stress to employees, residents and family members.
FINALIZATION PROCESS
During the finalization process the investigator may consider past work performance and past disciplinary issues of all involved in the investigation.
The investigator may consider the circumstances leading to the concern, potential impact to the all employees involved, and the impact to residents and family members.
The investigator may discuss the claim and the investigation with the Administrator at any point in the claim process.
The investigator may inform the employee who filed the claim of their finding and the results of their investigation. At times, information about the disciplinary steps taken against another employee may be kept confidential and not shared with the complaining employee.
DISCIPLINARY PROCESS
When determining disciplinary action, the investigator may discuss their findings with impacted supervisors and/or Administrator. The supervisor or Administrator may perform the disciplinary actions they deem necessary with those employees involved for the purpose of resolving the claim and to ensure such unwanted behavior does not happen again.
Decisions of the Administrator are considered final and the express concerns/issues will be closed. Employees are cautioned that any further disruptions after this will be considered to be a serious offense and may result in their termination.