Non-Discrimination and Harassment
(Administrative Policy A-4-16)
Policy
The Hospital is committed to maintaining an environment that encourages and fosters appropriate conduct among employees and respect for individual values. Accordingly, the Hospital is committed to enforcement of its Non-Discrimination and Harassment Policy at all levels within the work place in order to create an environment free from discrimination and/or harassment. In all instances, the Hospital will continue to comply with applicable federal, state and municipal regulations governing employment practices.
Sexual harassment and Quid Pro Quo harassment are forms of sex discrimination and are also prohibited by this policy. Discrimination, including sexual harassment and discriminatory harassment is unacceptable in the work place and in other work-related settings such as business trips, conferences and business-related social events. Such conduct will not be tolerated, and is prohibited by this policy and will be dealt with according to the Rules of Conduct Policy 5-2 section: V, subsection C.
Retaliation in any way against anyone who has, in good faith, complained, has raised concerns or formally reported about discrimination, sexual harassment or discriminatory harassment regardless whether that complaint or concern relates to the individual raising the concern or complaint will not be tolerated, and is prohibited by this policy, and by applicable law.
No Executive, manager, supervisor, employee or other person is authorized by the Hospital to engage in discrimination, sexual harassment or discriminatory harassment. Management level personnel are expected to serve as role models to other employees with regard to appropriate work-place conduct, and will be held to a higher standard of accountability with respect to their actions in the workplace. Management personnel should not only refrain from actions that violate this policy, but should refrain from any activity that would give the appearance of impropriety.
Purpose
It is the policy of the Hospital to prohibit discrimination and harassment on the basis of race, color, religion, sex, age, national origin, ancestry, sexual orientation, gender identity, marital status, disability, veteran’s status, or other protected classifications to the extent required by applicable laws.
Scope
This policy applies to Trustees and Officers of the Hospital and The Children’s Hospital Foundation and entities affiliated with either of them, employees of The Children’s Hospital of Philadelphia, its ambulatory care facilities, members of the Hospital Medical Staff, members of the Hospital Research Staff, directors and employees of CHOPPA practice plans (currently Children’s Anesthesiology Associates, Ltd., Children’s Health Care Associates, Children’s Surgical Associates, Ltd., and Radiology Associates of Children’s Hospital, Inc.), and other persons whose presence at or affiliation with the Hospital may place them in a position of power over employees of the Hospital or staff and other persons designated by the President, Executive Vice President or Department Chairs.
This policy also prohibits harassment by Hospital personnel against any person, as well as any harassment directed towards Hospital personnel by contractors, consultants, suppliers, vendors, visitors, and other non-employees, when such conduct occurs at Hospital property or in connection with Hospital activities or the performance of Hospital work.
Definitions and Examples
I. Definitions:
A. Sexual Harassment: A form of discrimination that consists of unwelcome sexual advances, requests for sexual favors or other verbal or physical acts of a sexual or sex-based nature where:
1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; or
B. Quid Pro Quo Harassment: A form of sexual harassment that occurs when a manager or supervisor threatens an individual with loss of job benefit, or changes working conditions because the employee will not submit to sexual demands. It also occurs when sexual activity is required in return for getting or keeping a job or job-related benefit.
Quid Pro Quo harassment occurs between a manager/supervisor and employee due to the nature of the manager/subordinate relationship. A manager/supervisor is defined as someone who can affect individual working conditions because he/she can take action such as hiring, firing, promoting, disciplining and deciding raises.
C. Discriminatory Harassment: Unwelcome verbal or physical acts against or differential treatment of an individual because of his or her race, color, religion, sex, age, national origin, sexual orientation, gender identity, marital status, disability, veteran’s status, or other protected classifications to the extent required by applicable laws, where such conduct interferes with an individual’s work performance or creates an intimidating, hostile or offensive working environment.
D. Hostile Work Environment: Conduct that has the purpose or effect of unreasonably interfering with an individual’s work performance, or creates an intimidating, hostile or offensive working environment.
II. Examples:
A. Sexual Harassment: Prohibited acts of sexual harassment can take a variety of forms ranging from subtle pressure for sexual favors or contact to actual physical contact. At times the offender may be unaware that his or her conduct is offensive or harassing to others. However, such lack of awareness will not excuse a violation of this policy. Examples of conduct that could be considered sexual harassment under this policy include but are not limited to:
1. Repeated instances of unwelcome flirting, pressure for dates, sexual comments or unnecessary/unwelcome touching;
2. Sexually suggestive jokes or gestures, or sexually orientated or degrading comments about another;
3. Preferential treatment, or a promise of preferential treatment to an employee, in exchange for dates or sexual conduct; or the denial or threat of denial of employment, employment benefits or advancement for refusal to consent to sexual advances (Quid Pro Quo harassment);
4. The display of sexually oriented pictures, posters, or other sexually oriented material;
5. Rape, attempted rape and other forms of non-consensual physical sexual contact;
6. Retaliation against an individual for disclosing, reporting or complaining about sexually harassing conduct.
7. Inappropriate references to anatomy or discussions surrounding such topics not directly related to patient care, in the work or common areas
8. Sexual harassment may occur between employees of the same or of different rank, and between persons of the same or a different gender.
B. Quid Pro Quo Harassment
1. Some benefit is achieved in return for a favor that is usually sexual in nature;
2. Employee is submitted to un-welcome sexual conduct in exchange for a job-related award or to avoid a job related penalty;
3. Harassment that occurs between a manager/supervisor and employee due to the nature of the manager/subordinate relationship.
C. Discriminatory Harassment:
1. Prohibited acts of discriminatory harassment can take a variety of forms ranging from subtle racial or religious joking to actual physical contact or violence. At times the offender may be unaware that his or her conduct is offensive or harassing to others. Examples of conduct that could be considered discriminatory harassment include:
a. Offensive statements, materials, unwelcome jokes or gestures directed toward another, which involve the other’s race, color, religion, sex, age, national origin, sexual orientation, gender identity, marital status, disability, veteran’s status, or other protected classifications to the extent required by applicable laws, or similar degrading comments about another;
b. Preferential treatment of another employee, or a promise of preferential treatment to an employee on the basis of his or her race, color, religion, sex, age, national origin, sexual orientation, gender identity, marital status, disability, veteran’s status, or other protected classifications to the extent required by applicable laws; or the denial or threat of denial of employment, employment benefits or advancement on the basis of his or her race, color, religion, sex, age, national origin, sexual orientation, gender identity, marital status, disability, veteran’s status, or other protected classifications to the extent required by applicable laws;
c. The display of offensive pictures, cartoons or other materials involving race, color, religion, sex, age, national origin, sexual orientation, gender identity, marital status, disability, veteran’s status, or other protected classifications to the extent required by applicable laws;
d. Physical assault against another or against another’s property because of the other’s race, color, religion, sex, age, national origin, sexual orientation, gender identity, marital status, disability, veteran’s status, or other protected classifications to the extent required by applicable laws;
e. Retaliation against an individual for disclosing, reporting or complaining about discriminatory harassing conduct.
2. Discriminatory harassment may occur between employees of the same or of different rank and between persons of the same or different race, color, religion, sex, age, national origin, sexual orientation, gender identity, marital status, disability, veteran’s status, or other protected classifications to the extent required by applicable laws.
D. Hostile Work Environment:
1. Offensive conduct can be verbal, physical or both;
2. Conduct is repetitive and frequent;
3. Conduct is hostile and openly offensive;
4. The alleged harasser is a co-worker or supervisor;
5. Co-workers joined in perpetuating the harassment; and/or
6. Harassment is directed at more than one individual.
Implementation
A. All personnel are encouraged to express displeasure at offensive conduct by telling the individual engaging in the conduct that it is unwelcome or offensive, and to report that conduct, through the use of the Hospital’s complaint procedures.
B. The Hospital will not tolerate, condone or allow discrimination, including sexual harassment, or discriminatory harassment, whether engaged in by fellow employees, supervisors or others affiliated with the Hospital or by outside vendors, patients, visitors or other non-employees who conduct business with the Hospital. All employees are required by this policy to report all incidents of discrimination, or sexual or discriminatory harassment, regardless of the offender or the person toward whom the offensive conduct is directed.
C. Any individual who believes that he or she is being subjected to conduct or actions by another person that violate this policy is encouraged to notify the offender firmly and promptly that his or her behavior is unwelcome or inappropriate. In the event that such informal, direct communication would be either ineffective or impossible, the following steps should be taken to report a discrimination or sexual or discriminatory harassment.
1. Reporting of Incident: Any employee who believes that he or she has been subjected to discrimination including sexual harassment or discriminatory harassment prohibited by this policy, or who has witnessed such discrimination or harassment, has a responsibility to immediately report the circumstances in accordance with the procedure set forth below. In addition, all management and supervisory personnel have an affirmative duty to promptly report any discrimination or harassment that they observe, that is made known to them by others, or that they reasonably suspect has occurred. The following procedures are designed to investigate and resolve a complaint. A report/complaint can be initiated in the following way:
a. Reporting the matter to the employee’s own immediate supervisor in the form of a written summary of their concerns;
b. If the matter involves the employee’s own immediate supervisor or if, for any reason, the employee feels uncomfortable talking to his or her immediate supervisor, the employee may report the matter to (a) the department or division’s assigned Human Resources Business Partner, or (b) any other Human Resources Business Partner.
2. Because a complainant may prefer to report harassment to someone of the same or opposite gender or sexual orientation, or the same or different race, color, national or ethnic origin, disability, religion or other classification as that of the complainant, Human Resources will attempt, to the extent possible, to have available a reasonably diverse group of individuals to whom such reports may be made.
3. Investigation of Report/Complaint:
a. Once a complaint has been received, it will be promptly and fairly investigated. The Hospital will, to the extent practicable, maintain confidentiality, consistent with a full and fair investigation. The supervisor or the Human Resources Consultant or designee will initiate an investigation of the suspected discrimination or sexual or discriminatory harassment. If appropriate, the representative of the Hospital investigating the complaint may designate another supervisory or management employee to assist him or her in the investigation. The investigator(s) may be external to the Hospital.
b. The investigation may include interviews with the employee(s) who made the initial report and the person(s) towards whom the suspected discrimination or harassment was directed, the employee(s) suspected of the discrimination or harassment and/or any other person who may have information regarding the incident. Relevant documents may also be reviewed. All employees have an affirmative duty to cooperate with any investigation by providing truthful and accurate information.
4. Results: After the investigation is completed, the person responsible for investigating the complaint shall advise relevant management of the findings of the investigation. The employee(s) who made the initial report, the employee(s) to whom the alleged discrimination or harassment was directed, and the employee(s) accused of the discrimination or harassment will be informed of the findings. In response to the findings, the Hospital will, in its sole discretion, take such action as appropriate to prevent any future unacceptable conduct, up to and including discharge of any employee found to have violated this policy. It is within the Hospital’s discretion to determine appropriate action.
5. Timeframe for reporting of complaint: The Hospital requires a prompt reporting of complaints so that prompt response and appropriate action may be taken. However, due to the sensitivity of these problems and because of the emotional toll such misconduct may have on the individual, there is no fixed deadline for reporting discrimination or sexual or discriminatory harassment complaints. Delayed reporting of complaints will not in and of itself preclude the Hospital from taking appropriate action.
6. Protection against Retaliation: The Hospital will not in any way retaliate against an individual who in good faith reports discrimination or sexual or discriminatory harassment nor permit anyone to do so. Retaliation is a serious violation of this Non-Discrimination and Harassment policy and should be reported immediately a Human Resources Consultant or to his or her own supervisor. Any person found to have retaliated against another individual for reporting discrimination or sexual or discriminatory harassment will be subject to the same disciplinary action provided for discrimination or sexual or discriminatory harassment offenders.
7. Disciplinary Sanctions:
a. Disciplinary Sanctions: The Hospital will discipline any employee found to have engaged in conduct that violates this policy. An employee in violation of this policy shall be subject to the full range of institutional disciplinary sanctions and procedures. This includes, without limitation, discharge and other disciplinary actions set forth more fully in the Hospital’s Human Resource Policy and Procedures Manual, including Policy No. 5-2 (Rules of Conduct), Policy No. 5-3 (Employee Separation) and Policy No. 5-4 (Demotion). The Hospital has the right to discharge for violations of this policy. Any discipline imposed is within the sole discretion of the Hospital.
b. As described in Human Resource Policy No. 5-2, a first violation of this policy may warrant suspension or discharge. Discipline for a violation of this policy need not be progressive. Where a hostile work environment has been found to exist, the Hospital will take prompt and effective action to eliminate the conduct creating such an environment.
c. If an investigation results in a finding that the complainant knowingly or maliciously made a false accusation against another of discrimination or sexual or discriminatory harassment, the complainant will be subject to appropriate sanctions, including the possibility of termination of employment.