Non-Discrimination Policy
Policy Prohibiting Discrimination, Harassment, or Retaliation
Company: SAN INSTITUTE OF DESIGN AND TECHNOLOGY INC
Date of Implementation: May 23, 2021
San Institute of Design and Technology, Inc. (the “Company”) is committed to providing a safe, respectful, and lawful workplace that promotes equality and is free of any form of discrimination, harassment, and retaliation. In furtherance of this commitment, the Company has implemented this Policy Prohibiting Discrimination, Harassment, and Retaliation (the "Policy").
This Policy prohibits all discrimination and harassment, including, but not limited to: discrimination or harassment on the basis of sex (including pregnancy, childbirth or related medical condition, or breastfeeding), gender (including sexual orientation, gender identity and status as a transgender or transsexual individual), race, religion, creed, national origin, ancestry, physical or mental disability, genetic information, age, military or veteran status, citizenship status, and any other category protected by applicable state or federal law.
The Company does not permit any instance of harassment, discriminatory conduct, or retaliation by or towards anyone.
Violations of this Policy: This Policy applies to all employees, including managers, officers, and directors, as well as, if applicable, temporary staff, volunteers, or interns (all listed here will be collectively referred to as "employees"). Employees are prohibited from harassment, discrimination, or retaliation towards other employees, independent contractors, vendors, suppliers, or any others doing business with the Company. Any employee in violation of this Policy will be subject to discipline, up to and including termination of employment.
The Company also prohibits third parties doing business with the Company from engaging in harassment, discriminatory conduct, or retaliation against its employees. Employees who believe that they have been the victim of discrimination, harassment, or retaliation from any third party doing business with the Company, such as the Company's independent contractors, vendors, suppliers, or others, should contact their immediate supervisor as soon as possible. Any complaints made in this regard will be dealt with in a prompt and confidential manner.
Sexual Harassment: Sexual harassment includes a range of conduct that is unwelcome and offensive. Sexual harassment is conduct that is so pervasive or offensive that it interferes with an employee's performance. Sexual harassment is also conduct that creates an intimidating or hostile environment.
Sexual harassment means any harassment based on someone's sex or gender. It includes harassment that is not sexual in nature (for example, offensive remarks about an individual's sex or gender), as well as any unwelcome sexual advances or requests for sexual favors or any other conduct of a sexual nature, when any of the following is true:
Submission to the advance, request or conduct is made either explicitly or implicitly a term or condition of employment.
Submission to or rejection of the advance, request or conduct is used as a basis for employment decisions.
Such advances, requests or conduct have the purpose or effect of substantially or unreasonably interfering with an employee's work performance by creating an intimidating, hostile or offensive work environment.
Sexual harassment may include in-person interactions or those that occur via text message or the Internet, and violations of this Policy are not only those which occur on the Company's physical premises or during working hours. Sexual harassment can be physical or psychological.
A single instance of conduct that may, on its own, not be considered sexual harassment can become so if several incidents are perpetrated against the same individual by the same person or persons.
The Company will not tolerate any form of sexual harassment, regardless of whether it is:
Verbal (for example, epithets, derogatory statements, slurs, sexually-related comments or jokes, unwelcome sexual advances or requests for sexual favors).
Physical (for example, assault or inappropriate physical contact).
Visual (for example, displaying sexually suggestive posters cartoons or drawings, sending inappropriate adult-themed gifts, leering or making sexual gestures).
Online (for example, derogatory statements or sexually suggestive postings in any social media platform including Facebook, Twitter, Instagram, Snapchat, etc.).
This list is illustrative only, and not exhaustive. No form of sexual harassment will be tolerated.
Harassment is prohibited both at the workplace and at employer-sponsored events.
Other Types of Harassment: The Company’s anti-harassment policy applies equally to harassment based on an employee's race, religion, creed, national origin, ancestry, age, physical or mental disability, citizenship, genetic information, past, present or prospective service in the uniformed services, or any other characteristic protected under applicable federal, state, or local law.
Such harassment often takes a similar form to sexual harassment and includes harassment that is:
Verbal (for example, epithets, derogatory statements, slurs, derogatory comments or jokes).
Physical (for example, assault or inappropriate physical contact).
Visual (for example, displaying derogatory posters, cartoons, drawings or making derogatory gestures).
Online (for example, derogatory statements or sexually suggestive postings in any social media platform including Facebook, Twitter, Instagram, Snapchat, etc.).
This list is illustrative only, and not exhaustive. No form of harassment will be tolerated.
Harassment is prohibited both at the workplace and at employer-sponsored events.
How to Make a Complaint: Employees who feel they have been subject to harassment or discrimination are encouraged to document such conduct and should immediately report the incident to their supervisor or, if the complaint is concerning their supervisor, to a superior supervisor, ideally within ten (10) days of the offending conduct. Your complaint should be as detailed as possible, including the names of all individuals involved and any witnesses.
Employees can also file a complaint with a government agency or in court under federal, state or, local anti-discrimination laws.
If employees are not comfortable bringing a complaint to their supervisor or someone directly above their supervisor, employees may report to any senior member of the Company they feel comfortable with. Employees should be aware, however, that the senior member they report to may bring the complaint to employee's direct supervisor or other senior employees in the Company.
The Company encourages all employees to report violations of this Policy, no matter against whom. No individual member of the Company is exempt from this Policy.
Investigation: The Company will directly and thoroughly investigate the facts and circumstances of all claims of perceived harassment and will take prompt corrective action, if appropriate. Investigations may involve interviews, examination of physical evidence, and the involvement of qualified personnel to assist, such as Human Resources or Legal Counsel. The investigation will be kept confidential and disclosed only on a need-to-know basis. Please note, however, that the respondent may be made aware of the complainant's identity. The Company will also keep a record of the investigation, including documenting all interviews and evidence, so that the complainant may track its progress.
Additional Recourse: Sexual harassment is not only prohibited by the Company but is also prohibited by state, federal, and, where applicable, local law. Along with or instead of filing a complaint with the Company, employees may choose to pursue 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.
Local Protections - Employees can also contact the county, city, or town in which they live to find out if additional laws against sexual harassment or discrimination may be applicable.
If the employee has been subject to unwanted physical contact, coerced physical confinement or coerced sex acts, the conduct may constitute a crime. You may also contact your local police department.
Anti-Retaliation Policy: The Company prohibits retaliation against any employee who has reported a violation under this Policy, any employee who has participated in an investigation that came about as a result of a reported violation, or the family member of any such employee. Retaliation is prohibited for the following (by way of example only):
Filing a complaint with the Company
Filing a complaint with a government agency
Testifying in any capacity
Cooperating or participating in a government agency's investigation
Communication: It is critical that all Employees communicate with the Company regarding any instances of discrimination, harassment, or retaliation. We are only able to assist Employees if we are made aware of the problem. It is your responsibility to bring these concerns to us.
No Limitation: Nothing in this Policy is designed to replace or limit any legal rights employees may have to seek remedies under applicable law or rule.
Conduct Not Prohibited by this Policy: This policy is not intended to restrict communications or actions protected or required by state or federal law.