Sexual Harassment Training

INSTRUCTIONS: Take notes with a pen and paper to help you retain information. There will be mandatory questions asked on each section. This module should take no longer than an hour. However, you are not being timed so please feel free to pause as needed to rewatch videos. If you have questions after this training, your direct supervisor will be more than happy to assist you further.

What is Sexual Harassment?

The EEOC has defined sexual harassment in its guidelines as: Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when submission to such conduct is requested or demanded either explicitly or implicitly.

Sexual Harassment can also be defined as conduct of a sexual nature in the workplace that includes any unwelcome:

• Sexual advances
• Requests for sexual favors
• Verbal and physical conduct of a sexual nature
• Display of sexually explicit or suggestive materials

Who Can Commit Sexual Harassment?

1. Supervisors
2. Co-Workers
3. Subordinates
4. Clients
5. Vendors
6. Opposite-Sex
7. Same-Sex

Who Can Experience Sexual Harassment?

1. Direct Targets
2. Bystanders
3. Witnesses

Types of Harassment:

1. Quid Pro Quo – Is Latin and means “this for that”
   • Quid Pro Quo harassment usually occurs within the context of a supervisor-employee relationship
2. Hostile Work Environment –A hostile work environment consists of:
   • Severe and pervasive conduct
   • Unreasonable interference with an individual’s job performance
   • The behavior would be considered offensive by a reasonable person
   • A hostile work environment can be created by anyone in the workplace.

Hostile Work Environment Considerations

• How pervasive is the conduct?
• Is the conduct physically threatening, humiliating, or merely an offensive utterance?
• Does the conduct excessively interfere with an individual’s
  work performance?

 

The following is a non-exhaustive list of the types of conduct prohibited by this policy:

• Unwanted sexual advances or propositions (including repeated and unwelcome requests for dates);
• Offers of employment benefits in exchange for sexual favors;
• Making or threatening reprisals after a negative response to sexual advances;
• Visual conduct: leering, making sexual gestures, displaying of pornographic or sexually suggestive images, objects, pictures, cartoons, graffiti, posters or websites on computers, emails, cell phones, bulletin boards, etc.;
• Verbal conduct: making or using sexist remarks or derogatory comments based on gender, innuendos, epithets, slurs, sexually explicit jokes, or lewd or sexual comments about an individual’s appearance, body or dress, whistling or  making suggestive or insulting sounds;
• Verbal and/or written abuse of a sexual nature, graphic verbal and/or written sexually degrading commentary about an individual's body or dress, sexually suggestive or obscene letters, notes, invitations, emails, text messages, tweets or other social media postings;
• Physical conduct: unwelcome or inappropriate touching of employees or patients, physical violence, intimidation, assault or impeding or blocking normal movements;
• Hostile actions taken against an individual because of that individual’s sex, sexual orientation, gender identity or the status of being transgender, such as:
  • Interfering with, destroying or damaging a person’s workstation, tools or equipment, or otherwise interfering with the individual’s ability to perform the job;
  • Sabotaging an individual’s work; and
  • Bullying, yelling, name-calling.
• Retaliation for making reports or threatening to report sexual harassment.

 

The two most common sexual harrassment mistakes:

1. Forwarding innappropiate jokes

2. Commenting on a co-workers looks/dress

 

Sexual harassment is also a form of unlawful discrimination under state and federal law. Sexual harassment can occur regardless of the gender of the person committing it or the person who is exposed to it.  Harassment on the basis of an individual’s sexual orientation, self-identified gender, perceived gender, or transgender status, are all forms of prohibited sexual harassment.

Individuals who observe conduct that may violate this policy are encouraged, but not required, to communicate to the offending person that the conduct is offensive and unwelcome.  Individuals who observe any behavior directed at others that may violate this policy are encouraged to take reasonable action to defuse such behavior if possible, such as intervening directly, alerting a Supervisor or Human Resources to assist, or making a report under this policy.

Other Types of Harassment and Discrimination
Harassment or discrimination on the basis of any legally protected status is prohibited, including harassment based on:

• race
• color
• creed
• political affiliation
• sex
• sexual orientation
• gender identity and/or expression
• transgender status
• gender dysphoria
• citizenship status
• alienage
• national origin
• religion
• age
• creed
• marital status
• familial or caregiver status
• physical condition or disability unrelated to job qualifications (including pregnancy, childbirth, or related medical conditions)
• predisposing genetic characteristic
• sexual and reproductive health decisions
• military or veteran status
• arrest or conviction record
• union affiliation
• unemployment status
• status as a victim of domestic violence
• stalking
• sex offenses
• credit history
• any other legally prohibited class in accordance with federal, state, and local laws and regulations, including an individual’s known relationship or association with a member or members of a protected category.

Prohibited harassment may include behavior similar to the illustrations
above pertaining to sexual harassment. It also includes, but is not limited to:

1. Verbal conduct including taunting, jokes, threats, epithets, derogatory comments or slurs based on an individual’s protected status;
2. Visual and/or written conduct including derogatory posters, photographs, calendars, cartoons, drawings, websites, emails, text messages or gestures based on an individual’s protected status; and
3. Physical conduct including assault, unwanted touching or blocking normal movement because of an individual’s protected status.

Employees who engage with the public as part of their job duties are required to do so in a respectful, non-discriminatory manner by respecting gender diversity and ensuring that members of the public are not subject to discrimination (including discrimination with respect to single-sex programs and Facilities).

The Company’s dress code and grooming standards are gender neutral, meaning they do not differentiate or impose restrictions or requirements based on gender or sex.

The Company allows employees to self-identify their names and genders and will use an individual’s preferred name, title (e.g., Mr./ Ms.) and pronoun (e.g., he/him/his;she/her/hers; they/them/theirs; or ze/hir). Requests to be addressed by a certain name and/or pronoun do not require supporting documentation. If an employee is unsure what name, title or pronoun another individual prefers, that employee can ask the person how they would like to be addressed.

All employees have the right to use single-sex restroom facilities, such as restrooms, consistent with their gender. To the extent possible, The Company will provide single-occupancy restrooms and/or private space within multiuser facilities for individuals with privacy concerns, but will not require use of a single-occupancy bathroom because an individual is transgender or gender non-conforming. Employees with questions or concerns regarding their safety, gender discrimination and/or a request for a reasonable accommodation or who feel they have been subjected to discrimination or improperly denied an accommodation should contact The Company management.

 

The Company commits that it will not:

(i) access information concerning an employee’s sexual or reproductive health decisions, or those of the employee’s dependent, without first obtaining the employee’s informed and affirmative written consent; or
(ii) discriminate or retaliate against any employee with respect to compensation or any terms, conditions or privileges of employment because of the employee’s sexual or reproductive health decisions, or those of the employee’s dependent.

Questions regarding this policy should be directed to Human Resources.

Protection Against Retaliation
Retaliation is prohibited against any person covered by this policy who, in good faith:

• Makes a complaint of discrimination, harassment, including sexual harassment, and retaliation either internally or with a government agency, using the complaint procedures described below;
• Objects to, opposes or speaks out against discrimination, harassment, or retaliation;
• Participates in an investigation of discrimination, harassment or retaliation;
• Encourages another person to report discrimination, harassment or retaliation;
• Files, testifies, assists or participates in any manner in any investigation, proceeding or hearing conducted by a governmental enforcement agency regarding discrimination, harassment or retaliation.

Prohibited retaliation includes, but is not limited to:

• termination
• demotion
• suspension
• failure to hire or consider for hire
• failure to give equal consideration in making employment decisions
• failure to make employment recommendations impartially
• adversely affecting working conditions or otherwise denying any employment benefit.

Retaliation is unlawful and a form of misconduct that will result in disciplinary action, up to and including termination of employment. Individuals who believe that they or any other individual has been subjected to retaliation should report this concern using the complaint procedure set forth below.

Please read the Honor Health Network 2024 Sexual Harassment Policy, Complaint Procedure and NY State Sexual Harassment Notice listed below.

Complaint Procedure
Individuals who believe that they or (as a bystander) any other individual has been subjected to discrimination, harassment, including sexual harassment or retaliation should, as soon as possible, report it to their direct supervisor, the Chief Compliance Officer Tova Bernbaum, or Alex Pfeffer.

Tova Bernbaum: 1-718-344-9170 or tbernbaum@honorhealthnetwork.com

Alex Pfeffer: 1-832-833-9672 or apfeffer@honorhealthnetwork.com

Reports can be made verbally or in writing. Employees are not required to raise a complaint with their immediate Manager/Supervisor or person who has engaged in the complained of conduct.

After a report is received, or the Company otherwise becomes aware of a possible violation of this policy, a fair, timely, thorough,objective, and confidential investigation will be undertaken if needed and will reach reasonable conclusions based on the information collected. Both the person(s) raising the complaint and the person(s) about whom the complaint was made will be permitted to provide information that may be relevant to the investigation. 

Once the investigation is completed and a determination is made, the complaining party will be advised that the investigation has been completed and may be informed of the resolution. The individual about whom the complaint was made will be informed of the outcome and if the Company determines that this policy has been violated, will be subject to disciplinary action.

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By signing below, I am certifying that I have completed the 2024 Honor Health Network Sexual Harassment Training, and I have read and agreed to the 2024 Honor Health Network Sexual Harassment Policy.