Amending The DFMS Policy on EEO Anti-Discrimination and Anti-Exploitation
Resolution text
Resolved, That the Executive Council meeting in Midwest City, Oklahoma hereby approves the amended Domestic and Foreign Missionary Society Employee Handbook Policy on Equal Employment Opportunity.
From the Employee Handbook
Section 1: What You Can Expect From Us
Equal Employment Opportunity (Section 103, Pages 3-4)
A. Illegal Classifications
In accordance with the law, The Society provides equal employment without regard to race, color, national origin, age, sex, religion, genetic information, disability, military or veteran status, uniform service member status or any other class protected under federal, state or local law.
B. Church Prohibited Classifications
Additionally, in accordance with General Convention Resolution D032: 76th General Convention, 2009, and Resolution D019: 77th General Convention, 2012, The Society will not discriminate in employment on the basis of an individual’s race, color, national origin, age, sex, familial status, disability, sexual orientation, gender identity, or gender expression.
C. Equal Employment
The Society is committed to and fully supports the principle of Equal Employment Opportunity in all of its employment practices. Classifications protected by either law or by General Convention Resolution D032 (or any other internal Church canons, resolutions, policy or practice whether issued by General Convention or the Society) are not and will not be, considered with regard to any terms and conditions of employment, including, but not limited to hiring, classification, training, placement, promotion, termination, layoff, recall, transfer, overtime, compensation, associate benefits, application of policies or any other employment action.
Nothing contained in this Policy is intended to create a legal right where none otherwise exists in the absence of this Policy or General Convention Resolution D032:76th General Convention, 2009 (or any other internal Church canons, resolutions, policy or practice (whether issued by General Convention or Diocesan Convention)).
D. All Employees to Support Equal Employment Opportunity and Diversity
All employees are responsible for supporting the concept of equal employment opportunity and diversity, and assisting The Society in meeting its objectives. In addition, every employee is expected to comply with The Society’s Equal Employment Opportunity guidelines. If you believe you have not been treated in accordance with these guidelines, or have observed behavior that may violate these guidelines, you must report it to the Society in accordance with The Society’s Reporting Procedure (Policy No. 102).
E. Policy Regarding Employees’ Religion
In some instances, The Society may require employees in certain positions to be Episcopalians, Christian and/or Baptized Christians, or individuals actively pursuing Baptism in an Episcopal or other Christian Church.
Anti-Discrimination/Anti-Harassment (Section 107, Pages 5-6)
The Society does not tolerate harassment of or discrimination against any of our applicants, employees, parishioners, vendors, volunteers or other individuals in the workplace. Any form of harassment or discrimination which violates federal, state or local law including, but not limited to, harassment or discrimination related to an individual's race, color, national origin, age, sex (including same sex), religion, genetic information, handicap or disability or citizenship status, or any other category protected by applicable federal, state or local law is a violation of this policy and will be treated as a disciplinary matter. In accordance with General Convention Resolution D032:76th General Convention, 2009, The Society also prohibits harassment or discrimination based on familial status, sexual orientation, gender identity, or gender expression.
Employees of The Society are required to provide an acknowledgment of The Sexual Harassment and Sexual Abuse Policy for Participants in Activities Under the Auspices of the General Convention and Executive Council of the General Convention found here.
The term "harassment" as used in this policy includes, but is not limited to, the following examples of unacceptable behavior:
- unwanted sexual advances;
- offering an employment benefit (such as a raise or promotion or assistance with one’s career) in exchange for sexual favors, or threatening an employment detriment (such as termination, demotion, or disciplinary action) for an employee’s failure to engage in sexual activity;
- Offensive remarks, comments, jokes, slurs, or verbal conduct;
- Offensive pictures, drawings, photographs, or other graphic conduct or communications, including e-mail, faxes, and copies;
- Offensive sexual remarks, sexual advances, or requests for sexual favors
- Offensive physical conduct, including touching;
- Threatening reprisal for an employee's refusal to respond to requests for sexual favors or for an employee reporting a violation of this policy.
If you have any questions about what constitutes harassing behavior or what conduct is prohibited by this policy, please discuss your questions with your supervisor, another Manager or the Human Resources Department.
The Society’s Supervisors and Managers are also covered by this policy and are also prohibited from engaging in any form of harassing or discriminating conduct. No Supervisor or other member of management has the authority to suggest to any employee or applicant that employment, continued employment, or future advancement will be affected in any way by the individual entering into (or refusing to enter into) any form of personal relationship with the Supervisor or Manager. Such conduct is a direct violation of this policy. Harassment of employees in connection with their work by non-employees may also be a violation of this policy.
If you feel that you are being harassed, discriminated or retaliated against or have witnessed any form of discrimination, harassment or retaliation or are otherwise aware of such conduct, it is your responsibility to immediately report your concern to one or more of the following: your supervisor, anyone in your supervisory chain, anyone in the Human Resources Department, or any individual or entity to which a Whistleblower claim can be reported pursuant to The Whistleblowing Policy No. 110 (The Secretary and Executive Officer of the General Convention or the EthicsPoint hotline).
In addition to reporting the offending behavior to one of the people listed above, you are encouraged to speak directly to the individual whose conduct you find objectionable. You are not required to do this and it is suggested you consider doing so only if you are comfortable doing so. You may find that direct communication resolves the issue.
You are not required to complain to your department head, supervisor, manager or team leader or within your chain of command. If you are uncomfortable reporting the incident to any particular member of management or you make a report and the manager either does not respond or does not respond in a manner you deem satisfactory or consistent with this policy, you are required to report the situation to another member of management.
All complaints of harassment which are reported to management will be investigated as promptly as possible and corrective action will be taken where warranted. The Society prohibits employees from hindering our own internal investigations and our internal complaint procedure. All complaints of harassment which are reported to management will be treated with as much confidentiality as possible, consistent with the need to conduct an adequate investigation. You will not be penalized in any way for reporting improper conduct, harassment, or discrimination.
The Society prohibits retaliation against employees for reporting a complaint of harassment or for cooperating in a harassment investigation.
Your notification of the problem is essential to us. We cannot help resolve a harassment problem unless we know about it. Therefore, it is your responsibility to bring those kinds of problems to our attention so that we can take whatever steps are necessary to correct the problem.
If The Society finds that an employee has violated this policy, appropriate disciplinary action will be taken, up to and including termination.
Anti-sexual harassment
It is the Society’s policy to prohibit harassment of or against our job applicants, contractors, interns, volunteers, or any employee by another supervisor, vendor, employee or visitor on the basis of sex or gender. Sexual harassment is a form of sex discrimination that violates Society policy and is unlawful under federal, New York State and local law. The purpose of this policy is not to regulate personal morality within the Society. It is to ensure that at the Society all employees are free from harassment on the basis of sex or gender. This policy is one component of the Society’s commitment to a discrimination-free work environment. See the Society’s Anti-Discrimination/Anti-Harassment Policy above for additional information concerning discrimination and harassment on other protected groups.
While it is not easy to define precisely what types of conduct could constitute sexual harassment, examples of prohibited behavior include unwelcome sexual advances, requests for sexual favors, obscene gestures, displaying sexually graphic magazines, calendars, or posters, sending sexually explicit e-mail, text messages, social media posts or voice-mail, and other verbal or physical conduct of a sexual nature, such as uninvited touching of a sexual nature or sexually-related comments. Depending upon the circumstances, the conduct can also include sexual joking, vulgar conversation or jokes, commenting about an employee’s physical appearance, conversation about your own or someone else’s sex life, teasing or other conduct directed toward a person because of the person’s gender which is sufficiently severe or pervasive to create an unprofessional and hostile working environment.
Sexual harassment includes harassment on the basis of sex or gender (including pregnancy, childbirth and related medical conditions), gender identity or gender expression (including transgender status), and/or sexual orientation. Sexual harassment encompasses, but may not be limited to the following:
• Any demand or subtle pressure for sexual favors that is accompanied by a promise or suggestion of favorable job treatment or threat against an employee’s employment status; and/or
• Any behavior that is offensive to a reasonable person, including, without limitation, repeated sexual flirtations or propositions, comments or jokes of a sexual nature, suggestive gestures, leering, sexually degrading words, verbal or written comments about a person’s body or other suggestive comments, the display of sexually suggestive objects or pictures, and uninvited physical contact or touching; and/or
• Retaliation based on rejection, in whole or in part, of sexual advances or for complaining about sexual harassment in the workplace.
Retaliation Defined
The Society does not tolerate and prohibits retaliation. Retaliation means adverse conduct taken because an individual reported an actual or perceived violation of this policy, opposed practices prohibited by this policy, or participated in the reporting and investigation process described below. “Adverse conduct” includes but is not limited to: any action that would discourage an employee from reporting sexual harassment or retaliation; shunning and avoiding an individual who reports sexual harassment or retaliation; express or implied threats or intimidation intended to prevent an individual from reporting sexual harassment or retaliation; and denying employment benefits because an applicant or employee reported or encouraged another employee to report sexual harassment or retaliation or participated in the reporting and investigation process described below.
Reporting a Violation
Any employee who believes they have been subjected to conduct which violates this policy should report the matter to any manager, Director, Chief/Canon or the Human Resources Director, as soon as possible after an incident occurs. The employee is not required to report through any particular chain of command, and certainly is not required to report or discuss the matter with any supervisor engaging in improper conduct. Written complaints can be submitted internally using the form provided with this policy.
In the event that the allegations are being made against management, or you have not received a response within five (5) business days, the employee should contact the Human Resources Director who can be reached at (212) 716-6331 located at 815 Second Avenue New York, NY, 10017.
Every supervisor who learns of any individual’s concern about conduct in violation of this policy, whether in a formal complaint or informally, or who otherwise is aware of conduct in violation of this policy, must immediately report the issues raised or conduct to a the Human Resources Director.
The Society shall promptly and thoroughly investigate all claims of unlawful harassment, discrimination, or retaliation to ensure due process for all parties. Employees are required to cooperate in all investigations conducted pursuant to this policy. The confidentiality and privacy of employees will be respected during the investigation to the extent possible under the circumstances, with efforts made to avoid any unwarranted publicity or invasions of privacy, but confidentiality cannot be guaranteed.
During the investigation, the Society generally will interview the complainant and the accused, conduct further interviews as necessary and review any relevant documents or other information. The Society will inform the complainant and the accused of the results of the investigation.
Depending on the results of the investigation of a claim of unlawful harassment, discrimination, or retaliation, disciplinary action, up to and including termination, will be taken against any employee the Society believes, in its sole discretion, to have violated this policy against unlawful harassment, discrimination, or retaliation. This includes individuals engaging in sexual harassment, as well as supervisors who fail to report violations of this policy, or knowingly allow prohibited conduct to continue. Individuals who engage in conduct that rises to the level of a violation of law can be held personally liable for such conduct. The Society will inform the complainant and the accused of the results of the investigation. In the event of harassment or discrimination by an individual who is not employed by the Society, the Society will take whatever action is reasonable and appropriate under the circumstances.
Aside from the internal complaint process at the Society, employees may choose to pursue external legal remedies with the following governmental entities.
State Human Rights Law (HRL)
The Human Rights Law (HRL), codified as N.Y. Executive Law, art. 15, § 290 et seq., applies to all employers in New York State with regard to sexual harassment, and protects employees, paid or unpaid interns and non-employees, regardless of immigration status. A complaint alleging violation of the Human Rights Law may be filed either with the Division of Human Rights (DHR) or in New York State Supreme Court.
Complaints with DHR may be filed any time within one year of the harassment. If an individual did not file at DHR, they can sue directly in state court under the HRL, within three years of the alleged sexual harassment. An individual may not file with DHR if they have already filed a HRL complaint in state court.
Complaining internally to the Society does not extend your time to file with DHR or in court. The one year or three years is counted from date of the most recent incident of harassment.
You do not need an attorney to file a complaint with DHR, and there is no cost to file with DHR.
DHR will investigate your complaint and determine whether there is probable cause to believe that sexual harassment has occurred. Probable cause cases are forwarded to a public hearing before an administrative law judge. If sexual harassment is found after a hearing, DHR has the power to award relief, which varies but may include requiring your employer to take action to stop the harassment, or redress the damage caused, including paying of monetary damages, attorney’s fees and civil fines.
DHR’s main office contact information is: NYS Division of Human Rights, One Fordham Plaza, Fourth Floor, Bronx, New York 10458. You may call (718) 741-8400 or visit: www.dhr.ny.gov.
Contact DHR at (888) 392-3644 or visit dhr.ny.gov/complaint for more information about filing a complaint. The website has a complaint form that can be downloaded, filled out, notarized and mailed to DHR. The website also contains contact information for DHR’s regional offices across New York State.
Civil Rights Act of 1964
The United States Equal Employment Opportunity Commission (EEOC) enforces federal anti-discrimination laws, including Title VII of the 1964 federal Civil Rights Act (codified as 42 U.S.C. § 2000e et seq.). An individual can file a complaint with the EEOC anytime within 300 days from the harassment. There is no cost to file a complaint with the EEOC. The EEOC will investigate the complaint, and determine whether there is reasonable cause to believe that discrimination has occurred, at which point the EEOC will issue a Right to Sue letter permitting the individual to file a complaint in federal court.
The EEOC does not hold hearings or award relief, but may take other action including pursuing cases in federal court on behalf of complaining parties. Federal courts may award remedies if discrimination is found to have occurred. In general, private employers must have at least 15 employees to come within the jurisdiction of the EEOC.
An employee alleging discrimination at work can file a “Charge of Discrimination.” The EEOC has district, area, and field offices where complaints can be filed. Contact the EEOC by calling 1-800-669-4000 (TTY: 1-800-669-6820), visiting their website at www.eeoc.gov or via email at [email protected].
If an individual filed an administrative complaint with DHR, DHR will file the complaint with the EEOC to preserve the right to proceed in federal court.
Local Protections
Many localities enforce laws protecting individuals from sexual harassment and discrimination. An individual should contact the county, city or town in which they live to find out if such a law exists. For example, employees who work in New York City may file complaints of sexual harassment with the New York City Commission on Human Rights. Contact their main office at Law Enforcement Bureau of the NYC Commission on Human Rights, 40 Rector Street, 10th Floor, New York, New York; call 311 or (212) 306-7450; or visit www.nyc.gov/html/cchr/html/home/home.shtml.
Contact the Local Police Department
If the harassment involves unwanted physical touching, coerced physical confinement or coerced sex acts, the conduct may constitute a crime. Contact the local police department.
Remember, we cannot remedy claimed sexual harassment and other forms of harassment and retaliation unless you bring these claims to the attention of management. Please report any conduct which you believe violated the policy.
Anti-Sexual Exploitation (Section 108, Page 7)
The Episcopal Church does not tolerate sexual exploitation in any form. Sexual exploitation is the development or attempted development of a sexual relationship between a person in any ministerial position, lay or ordained, and an individual with whom he/she has a Pastoral Relationship. A Pastoral Relationship is a relationship between any clergy person and any person to whom such clergy person is authorized to provide and does provide: counseling; pastoral care; spiritual direction or spiritual guidance; ministration of any Sacrament (other than the distribution of the Bread and Wine by a lay person at a public service of Holy Communion); performance, life, leadership or peer coaching; and/or hearing of such person’s confession, in the course of the duly authorized ministry.
Unless specifically stated in a job description, Society employees are not expected to assume nor may they of their own accord establish a Pastoral Relationship in the course of the discharge of their job duties and responsibilities. Nevertheless, Society employees whose work environment may include a variety of Church venues (diocesan offices, parishes, schools, camps and conference centers, hotels and resorts, etc.) should be aware of the Church’s expectations pertaining to sexual exploitation. Society employees should report to the Human Resources Department any instances where they believe sexual exploitation may occur, is occurring, or has occurred.
Attachment: Anti-Harassment Complaint Form