Lightly adapted from A Legal Guide to the Business of Farming in Vermont by Annette Higby. Burlington: University of Vermont Center for Sustainable Agriculture, 2006.
Sexual harassment is prohibited #
It is against the policies of this employer, and illegal under state and federal law, for any employee of any gender to sexually harass another employee. This employer is committed to providing a workplace free from this unlawful conduct. It is a violation of this policy for an employee to engage in sexual harassment.
What is sexual harassment? #
Sexual harassment may include a range of subtle and not so subtle behaviors and may involve individuals of the same or different gender. Sexual harassment is a form of sex discrimination and means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
- submission to that conduct is made either explicitly or implicitly a term or condition of employment;
- submission to or rejection of such conduct by an individual is used as a component of the basis for employment decisions affecting that individual; or
- the conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.
Examples of sexual harassment include, but are not limited to the following, when such acts or behavior come within one of the above definitions:
- either explicitly or implicitly conditioning any term of employment (e.g. continued employment, wages, evaluation, advancement, assigned duties or shifts) on the provision of sexual favors;
- touching or grabbing a sexual part of an employee’s body;
- touching or grabbing any part of an employee’s body after that person has indicated, or it is known, that such physical contact was unwelcome;
- continuing to ask an employee to socialize on or off-duty when that person has indicated s/he is not interested;
- displaying or transmitting sexually suggestive pictures, objects, cartoons, or posters if it is known or should be known that the behavior is unwelcome;
- continuing to write sexually suggestive notes or letters if it is known or should be known that the person does not welcome such behavior;
- referring to or calling a person a sexualized name if it is known or should be known that the person does not welcome such behavior;
- regularly telling sexual jokes or using sexually vulgar or explicit language in the presence of a person if it is known or should be known that the person does not welcome such behavior;
- retaliation of any kind for having filed or supported a complaint of sexual harassment (e.g. ostracizing the person, pressuring the person to drop or not support the complaint, adversely altering that person’s duties or work environment, etc.);
- derogatory or provoking remarks about or relating to an employee’s sex or sexual orientation; harassing acts or behavior directed against a person on the basis of his or her sex or sexual orientation; off-duty conduct which falls within the above definition and affects the work environment.
What the farm will do if it believes sexual harassment has occurred #
In the event this employer receives a complaint of sexual harassment, or otherwise has reason to believe that sexual harassment is occurring, we will take all necessary steps to ensure that the matter is promptly investigated and addressed. The employer is committed, and required by law, to take action if we learn of potential sexual harassment, even if the aggrieved employee does not wish to formally file a complaint. Every supervisor is responsible for promptly responding to, or reporting, any complaint or suspected acts of sexual harassment. Supervisors should report to ____________ (who has been designated to receive such complaints or reports), or to (the head of this organization). Failure by a supervisor to appropriately report or address such sexual harassment complaints or suspected acts is a violation of this policy.
We will take care to protect the identity of the person with the complaint and of the accused party or parties, except as may be reasonably necessary to successfully complete an investigation. It is against the law for any employee or manager to retaliate in any way that affects the working environment of any person involved in an investigation.
If an allegation of sexual harassment is found to be credible, we will take appropriate corrective action. We will inform the complaining person and the accused person of the results of the investigation and what actions we will take to ensure that the harassment ceases and that no retaliation occurs. Any employee, supervisor, or agent who has been found by the employer to have harassed another employee will be subject to sanctions appropriate to the circumstances, ranging from a verbal warning up to and including dismissal.
If the allegation is not found to be credible, the person with the complaint and the accused person shall be so informed, with appropriate instruction provided to each, including the right of the complainant to contact any of the state or federal agencies identified in this policy notice.
What to do if you feel you have been harassed #
Any employee who believes that they have been the target of sexual harassment, or who believes they have been subjected to retaliation for having brought or supported a complaint of harassment, is encouraged to directly inform the offending person or persons that such conduct is offensive and must stop. If the employee does not wish to communicate directly with the alleged harasser or harassers, or if direct communication has been ineffective, please report the situation as soon as possible to _________________ at ___________________________ (who has been designated to receive such complaints or reports), or to their supervisor, or to ___________________ (the head of this organization). We recommend keeping a diary of events and the names of people who witnessed or were told about the harassment, if possible.
If you are dissatisfied with the employer’s action, or if you prefer to make a higher level complaint, you may file a complaint by writing or calling any of the following state or federal agencies:
[Your state attorney general’s office]
[Your regional EEOC / Equal Employment Opportunity Commission, I Congress Street, Boston, MA 02114 tel: (617) 565-3200 (voice), (617) 565-3204 (TDD).]
These agencies can conduct investigations, facilitate conciliation, and if they find that there is reasonable grounds to believe sexual harassment occurred, can take the case to court. Although employees are encouraged to file their complaint of sexual harassment through this employer’s complaint procedure, you are not required to do so before filing a charge with these agencies.
In addition, you have the right to hire a private attorney and to pursue a private legal action in state court within 3 or 6 years, depending on the type of claims raised.