Fractured Atlas Harassment and Discrimination Policy and Complaint Form

It is the policy of Fractured Atlas to maintain a work environment free of harassment and discrimination. Harassment and discrimination violates the state, federal, and in some cases, local law where it is based upon one’s actual or perceived race, creed, religion, color, national origin, gender, gender identity, gender expression, status of being transgender, age, marital status, sex, sexual orientation, alienage or citizenship status, disability or handicap, military status, or because they are a disabled veteran, or has a known relationship or association with a person who is in one of the aforementioned protected classes.

It is against Fractured Atlas’s policy for any employee, job applicant, client, vendor, or visitor to harass or discriminate against another individual based upon the aforementioned actual or perceived protected classes or a person’s known relationship or association with a person in one of these protected classes. Any employee or individual covered by this policy who is found to have engaged in harassment or discrimination will be subject to disciplinary action up to and including termination. They may also be subject to individual liability for damages. Similarly, any employee who is found to participate in retaliatory actions against individuals who wish to make a complaint or support or investigate a claim are also subject to the aforementioned disciplinary actions. 

Regarding sexual harassment, Guidelines of the United States Equal Employment Opportunity Commission provide that unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, that is directed at an individual because of their self-identified or perceived sex, sexual orientation, gender expression, gender identity or the status of being transgender constitute sexual harassment when:

• submission to such conduct is made, either explicitly or implicitly, a term or condition of the individual’s employment;
• submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual (promotions, continuation of employment); 
• or such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment, even if the individual affected is not the intended target (e.g. words, signs, jokes, pranks, intimidation, or physical violence). 

Below are additional examples of the types of acts that, if unwelcomed, may be unlawful and are strictly prohibited: 

• Physical Acts of a sexual nature: touching, pinching, kissing, hugging, grabbing, patting. Also rape, sexual battery, molestation, or attempts to commit these assaults. 
• Sexually oriented gestures, noises, remarks, jokes or comments about a person’s sexuality or sexual experience.
• Displaying objects or materials that are sexually demeaning or pornographic in nature. This includes on computers or cell phones while working. 
• Actions taken against an individual because of their sex, sexual orientation, gender identity, or status of being transgender, such as interfering with or damaging their work space, sabotaging their work, bullying, yelling, or name-calling. 

Unlawful harassment is not limited to the physical workplace. It can occur via electronic communication, when employees are traveling or at employer-sponsored events. Calls, texts, emails, and social media usage by employees may constitute unlawful workplace harassment, even if they occur on personal devices or during non-work hours. 

If you have been the recipient of the above mentioned behavior, or retaliatory actions from reporting the above mentioned behavior, we encourage you to disclose it as soon as possible to a member of the People Team, CEO, or the Executive Trustee or Treasurer of the Board of Directors verbally and/or in writing by filling out an official complaint form or by printing and submitting the attached form. People Team Members are: Nicola Carpenter, Director, People Operations, and Jillian Wright, VP, People Operations & Controller. We cannot prevent or remedy harassment that we do not know about. Early reporting and intervention are proven to be the most effective method of resolving actual or perceived incidents of harassment and discrimination.  All complaints will be investigated in a timely fashion and will be kept confidential to the extent possible, to ensure due process for all parties. Individuals can also file a complaint with a government agency or in court under federal, state or local antidiscrimination laws (see below).

Supervisors and Managers are required to report any complaint that they receive, or any harassment that they observe or become aware of, to a member of the People Team as soon as possible. Any supervisors or managers who knowingly allow for unlawful harassment to continue will be subject to disciplinary action up to and including termination. 

Government Agencies: 

New York State Division of Human Rights (DHR): The Human Rights Law applies to employers in New York. A complaint may be filed with DHR or the NYS Supreme Court. Contact: One Fordham Plaza, 4th flr, Bronx, NY 10458, 888-392-3644, www.dhr.ny.gov/complaint  

New York City Commission on Human Rights: Individuals who work in NYC may choose to file complaints with this agency. Contact: Law Enforcement Bureau of the NYC Commission on Human Rights, 40 Rector Street, 10th flr, New York, NY, 212-306-7450, https://www1.nyc.gov/site/cchr/law/sexual-harassment-training-main.pagewww.nyc.gov/html/cchr/html/home/shtml  

United States Equal Employment Opportunity Commission (EEOC): The EEOC enforces federal anti-discrimination laws. The EEOC has district, area, and field offices where complaints can be filed. 800-669-6820 (TTY)), www.eeoc.gov or [e-mail]