Fractured Atlas Harassment and Discrimination Policy and Complaint Form

Fractured Atlas is committed to maintaining a workplace free from harassment and discrimination. This policy prohibits harassment against any employee, applicant for employment, fellow, volunteer, client, or vendor based upon one’s actual or perceived race, creed, religion, color, national origin, gender identity, gender expression, status of being transgender, age, marital status, sex (including pregnancy, childbirth and related medical conditions), sexual orientation, alienage or citizenship status, disability, medical condition, citizenship status, predisposing genetic characteristics, familial status, marital status, criminal history, status as a victim of domestic violence, military or veteran status, or any other characteristic protected by law, or has a known relationship or association with a person who is in one of the aforementioned protected classes. Our different identities impact our understanding of the world and how others perceive us. For example, an individual’s race, ability, or immigration status may impact their experience with gender discrimination in the workplace. While this policy is focused on sexual harassment and gender discrimination, the methods for reporting and investigating discrimination based on other protected identities are the same.

The purpose of this policy is to teach employees to recognize discrimination, including discrimination due to an individual’s intersecting identities, and provide the tools to take action when it occurs. All employees, managers, and supervisors are required to work in a manner designed to prevent sexual harassment and discrimination in the workplace.

Just as harassment can happen in different degrees, potential discipline for engaging in sexual harassment will depend on the degree of harassment
and might include education and counseling up to suspension or termination when appropriate. Any employee or individual covered by this policy who is found to have engaged in harassment or discrimination 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.

Sexual harassment is a form of gender-based discrimination that is unlawful under federal, state, and (where applicable) local law. Sexual harassment includes harassment on the basis of sex, sexual orientation, self-identified or perceived sex, gender expression, gender identity, and the status of being transgender. Sexual harassment is not limited to sexual contact, touching, or expressions of a sexually suggestive nature. Sexual harassment includes all forms of gender discrimination including gender role stereotyping and treating employees differently because of their gender.

Sexual harassment is unlawful when it subjects an individual to inferior terms, conditions, or privileges of employment. Harassment does not need to be severe or pervasive to be illegal. It can be any harassing behavior that rises above petty slights or trivial inconveniences. Every instance of harassment is unique to those experiencing it, and there is no single boundary between petty slights and harassing behavior. However, the Human Rights Law specifies that whether harassing conduct is considered petty or trivial is to be viewed from the standpoint of a reasonable victim of discrimination with the same protected characteristics. Generally, any behavior in which an employee or covered individual is treated worse because of their gender (perceived or actual), sexual orientation, or gender expression is considered a violation of Fractured Atlas’s policy. The intent of the behavior, for example, making a joke, does not neutralize a harassment claim. Not intending to harass is not a defense. The impact of the behavior on a person is what counts. Sexual harassment includes any unwelcome conduct which is either directed at an individual because of that individual’s gender identity or expression (perceived or actual), or is of a sexual nature 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, project assignments, or 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).

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• The following describes some of the types of acts that may be unlawful sexual harassment and that are strictly prohibited. This list is just a sample of behaviors and should not be considered exhaustive. Any employee who believes they have experienced sexual harassment, even if it does not appear on this list, should feel encouraged to report it:

• Physical Acts of a sexual nature: touching, pinching, kissing, hugging, grabbing, patting. Also rape, sexual battery, molestation, or attempts to commit these assaults, which may be considered criminal conduct outside the scope of this policy.
• 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 workspace, sabotaging their work, bullying, yelling, intentional misuse of an individual's pronouns, creating different expectations for individuals based on their perceived identities, or name-calling.
• Sex stereotyping, which occurs when someone’s conduct or personality traits are judged based on other people’s ideas or perceptions about how individuals of a particular sex should act or look: Remarks regarding an employee’s gender expression, such as wearing a garment typically associated with a different gender identity; or asking employees to take on traditionally gendered roles, such as asking a woman to serve meeting refreshments when it is not part of, or appropriate to, her job duties.

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.

Retaliation is unlawful and is any action by an employer or supervisor that punishes an individual upon learning of a harassment claim, that seeks to discourage a worker or covered individual from making a formal complaint or supporting a sexual harassment or discrimination claim, or that punishes those who have come forward. These actions need not be job-related or occur in the workplace to constitute unlawful retaliation. For example, threats of physical violence outside of work hours or disparaging someone on social media would be covered as retaliation under this policy.

Examples of retaliation may include, but are not limited to:

• ●  Demotion, termination, denying accommodations, reduced hours, or the assignment of less desirable shifts;

• ●  Publicly releasing personnel files;

• ●  Refusing to provide a reference or providing an unwarranted negative

  reference;

• ●  Labeling an employee as “difficult” and excluding them from projects to avoid “drama”;

• ●  Undermining an individual’s immigration status; or

• ●  Reducing work responsibilities, passing over for a promotion, or moving an individual’s desk to a less desirable office location.

Such retaliation is unlawful under federal, state, and (where applicable) local law. Even if the alleged harassment does not turn out to rise to the level of a violation of law, the individual is protected from retaliation if the person had a good faith belief that the practices were unlawful.

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, COO, or the Executive Trustee or Treasurer of the Board of Directors verbally and/or in writing by filling out an official complaint form, located in our public Knowledge Base under FAQ or by searching the key words Complaint Form, Discrimination or Harassment. 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. Individuals should not feel discouraged from reporting harassment because they do not believe it is bad enough, or conversely because they do not want to see a colleague receive disciplinary action over less severe behavior.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 anti discrimination 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. Managers and supervisors should not be passive and wait for an employee to make a claim of harassment. If they observe such behavior, they must act.

While supervisors and managers have a responsibility to report harassment and discrimination, supervisors and managers must be mindful of the impact that harassment and a subsequent investigation has on victims. Being identified as a possible victim of harassment and questioned about harassment and discrimination can be intimidating, uncomfortable and re-traumatizing for individuals. Supervisors and managers must accommodate the needs of individuals who have potentially or actually experienced harassment to ensure the workplace is safe, supportive, and free from retaliation for them during and after any investigation.

Any employee witnessing harassment as a bystander is encouraged to report it. A supervisor or manager that is a bystander to harassment is required to report it. There are five standard methods of bystander intervention that can be used when anyone witnesses harassment or discrimination and wants to help.

1. A bystander can interrupt the harassment by engaging with the individual being harassed and distracting them from the harassing behavior;

2. A bystander who feels unsafe interrupting on their own can ask a third party to help intervene in the harassment;

3. A bystander can record or take notes on the harassment incident to benefit a future investigation;

4. A bystander might check in with the person who has been harassed after the incident, see how they are feeling and let them know the behavior was not ok; and

5. If a bystander feels safe, they can confront the harassers and name the behavior as inappropriate.

When confronting harassment, physically assaulting an individual is never an appropriate response. Though not exhaustive, and dependent on the circumstances, the guidelines above can serve as a brief guide of how to react when witnessing harassment in the workplace. Any employee witnessing harassment as a bystander is encouraged to report it. A supervisor or manager that is a bystander to harassment is required to report it.

Government Agencies:

Fractured Atlas encourages employees to use its internal procedure for resolving complaints of workplace harassment or discrimination. However, employees may file complaints of discrimination, harassment, and/or retaliation with the appropriate state or federal agency. Information for the EEOC and New York State and City agencies are listed below. Please contact the People Team if you have questions about the governing agencies for your particular state of residence.

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 or discrimination with the New York City Commission on Human Rights. Contact their main office at Law Enforcement Bureau of the NYC Commission on Human Rights, 22 Reade Street, 1st Floor, New York, New York; call 311 or [phone]; or visit www.nyc.gov/html/cchr/html/home/home.shtml.

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

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]