Nondiscrimination/Americans with Disabilities Act (ADA) Policy
Policy against Discrimination and Unlawful Harassment
(Board 12/12/14, PC – 02/06/15, Effective – 03/01/15)
ATCAA employees have individual responsibility for maintaining high standards of honesty, integrity, impartiality and conduct to ensure proper performance of ATCAA operations.
ATCAA is committed to providing a work environment free of unlawful discrimination and harassment. ATCAA maintains a strict policy prohibiting discrimination and harassment, including but not limited to harassment related to age, race, color, religious creed, sex (gender), gender identity, marital status, familial or parental status, sexual orientation, national origin, ancestry, medical condition, physical or mental disability, genetic information, citizenship status, political affiliation/opinion, Veteran’s status, all or part of an individual’s income as derived from any public assistance program, or any other protected classification protected by law.
This policy applies to the employer, elected and appointed officials, officers, employees, volunteers, independent contractors, subcontractors, and consultants, and in some circumstances, members of the public (hereafter “complainants”). Any conduct that violates this policy will not be tolerated. Harassment of our employees in connection with their work by other employees or by non-employees, or harassment by our employees of any person with whom ATCAA interacts in the performance of its operations, is strictly prohibited.
This policy prohibits unlawful discrimination and harassment in any form, including verbal, physical and visual conduct, threats or demands. This policy also prohibits retaliation against any employee for reporting or threatening to report harassment, and will not tolerate or permit retaliation by management, employees or coworkers, or any person with whom ATCAA interacts in the performance of its operation.
ATCAA will take all reasonable steps to prevent harassment from occurring. Any conduct that violates this policy will not be tolerated. Violation of this policy will subject an employee to disciplinary action, up to and including immediate discharge.
In addition to the above listed conduct, “sexual harassment” consists of 1) unwelcome sexual advances, propositions or requests for sexual favors; 2) unwelcome physical conduct of a sexual nature; 3) verbal comments of a sexual nature, such as graphic comments about an individual’s body, sexually degrading words used to describe an individual, or suggestive or obscene letters, notes or invitations; 4) visual conduct, such as leering, making sexual gestures, or displaying sexually suggestive objects or pictures; and 5) offering an employment benefit in exchange for sexual favors, or threatening an employment termination, demotion, or disciplinary action for an employee’s failure to engage in sexual activity.
Even visual, verbal, or physical conduct between two employees who appear to welcome the conduct can constitute harassment of a third applicant, officer, official, employee, or contractor who observes the conduct or learns about the conduct later. Conduct can constitute harassment even if it is not explicitly or specifically directed at an individual.
ATCAA encourages immediate reporting of any incidents of harassment on A-TCAA’s “Discrimination/Harassment Complaint Form” so that complaints can be quickly and fairly resolved. All complaints will be investigated as promptly and thoroughly as possible and corrective action will be taken where warranted. All complaints of unlawful harassment will be treated with as much confidentiality as possible, consistent with the need to conduct an adequate investigation. ATCAA prohibits employees from hindering internal investigations.
A complaint of harassment may be made verbally or in writing to any of the following. There is no need to follow the chain of command:
– Immediate supervisor;
– Any supervisor or manager within or outside the department;
– Program Director; or
– Personnel Department.
Complaints shall then be submitted to the EEO Officer who will submit the complaint to A-TCAA’s Executive Director. An investigation regarding the complaint will be conducted and a determination made. An investigation regarding the complaint will be conducted and a determination made. If conduct in violation of this policy occurred, prompt and effective remedial action will be recommended with reasonable steps to protect the complainant from further harassment, discrimination or retaliation.
If the complainant disagrees with the determination, they may request a meeting with the ATCAA Board by submitting a written request including a description of the problem and a proposed solution. The ATCAA Board will take formal action and the Chairperson will send a written response to the complainant within 120 days. (Please reference ATCAA’s Grievance policy # 3.11 and Investigation policy # 3.12 for further guidance.)
Complainants may also contact the Department of Fair Employment and Housing (DFEH), the Equal Employment Opportunity Commission (EEOC), the Department of Labor, and/or the Department of Justice.
These administrative agencies offer legal remedies and a complaint process. The nearest offices are listed in the government section of the telephone book, or employees can check the posters that are located on the employer bulletin boards for office locations and telephone numbers.