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To Love Children Educational Foundation

Discrimination and/or Harassment Policy

Effective: 25 July, 2002

General

To Love Children Educational Foundation (TLC) is committed to providing a diverse work environment where women and men can work together comfortably and productively, free of sexual or any form of unlawful harassment and discrimination. Harassment or unlawful discrimination against individuals on the basis of race, national origin, religion, sex, sexual orientation, disability or any other classification protected by state or federal laws is illegal and prohibited under this policy.

This policy applies to all phases of employment including recruiting, hiring, promotion or demotion, transfer, layoff, termination, rates of pay, benefits and selection for training, travel or TLC social events.

    1. Prohibited conduct.

Unlawful harassment or discrimination includes any verbal, physical or visual conduct based on sex, sexual orientation, race, age, national origin, disability or any other legally protected basis if:

    1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or engagement;
    2. Submission to or rejection of such conduct by an individual is used as a basis for decisions concerning that individual’s employment or engagement; or
    3. It creates a hostile or offensive work environment.

Unlawful harassment or discrimination may include, but not limited to, racial epithets, slurs and derogatory remarks, stereotypes, jokes, posters or cartoons based on race, national origin, age, disability, marital status or other legally protected categories.

Sexual harassment includes unwelcome sexual advances, requests for sexual favors and lewd, vulgar or obscene remarks, jokes, derogatory posters or cartoons, and any unwelcome touching, pinching or other physical contact.

Sexual harassment also includes continuing to express sexual or social interest after being informed directly that the interest is unwelcome. It is impermissible to suggest, threaten or imply that failure to accept a request for a date or sexual intimacy or to respond positively to an unwelcome sexual advance will affect the career, salary or work environment of another employee. For example, it is forbidden either to imply or actually withhold support for an appointment, promotion, or change of assignment, or suggest that a poor performance report will be given because an employee has declined such a personal proposition.

Offering benefits, such as promotions, favorable performance evaluations, favorable assigned duties or recommendations in exchange for sexual favors is also forbidden.

Moreover, supervisors are prohibited from suggesting, threatening or implying that failure to accept discriminatory behavior or that to complain about discriminatory behavior will affect the career, salary or work environment of an employee. For example, supervisors are forbidden from either implying that they will or actually withhold support for an appointment, promotion, or change of assignment, or suggest that a poor performance report will be given because an employee complained about such discriminatory behavior.

As far as the children we serve around the world there is a zero tolerance for any of the above behavior and will result in immediate dismissal and a formal complaint filed to the proper authorities for legal action as determined by due process.

 

    1. Harassment by Non-Employees
    2. In addition, To Love Children Educational Foundation will take all reasonable steps to prevent or eliminate harassment by non-employees who are likely to have workplace contact with our employees, including clients, children and suppliers.

    3. Monitoring
    4. To Love Children Educational Foundation shall take steps which it may determine to be reasonable to see that this policy prohibiting unlawful discrimination and harassment is followed by all employees, supervisors and others who have contact with our employees. This prevention plan may include training materials and ongoing monitoring of work sites.

    5. Discipline
    6. Any employee found to have violated this policy shall be subject to appropriate disciplinary action up to and including discharge according to the findings of the complaint investigation.

      If unlawful discrimination or harassment has occurred, the harasser may also be individually liable for his or her actions under state or federal anti-discrimination laws or in separate legal actions.

    7. Retaliation Prohibited
    8. Employees and contract workers are also protected by law from retaliation for opposing or reporting unlawful harassment or discrimination or for otherwise participating in processes connected with an investigation, proceeding or hearing conducted by To Love Children Educational Foundation or a government agency with respect to such complaints. To Love Children Educational Foundation will take disciplinary action up to and including the immediate termination of any employee who retaliates against another employee or contract worker for engaging in any of these protected activities. Contract workers will be subject to termination of their engagement with To Love Children Educational Foundation for engaging in retaliation.

      Please contact a member of the Board of Directors or the President of the Board if you have any questions about this policy or require further information on the subject of sexual or other harassment or discrimination.

    9. Grievance Procedure
    10. Any person who believes they are aware of unlawful discrimination or harassment is requested and expected to report this to the Board of Directors and follow the procedure for filing a grievance outlined in the TLC Communication and Grievance Policy, Section.

      The President shall report the action taken to the complainant.

    11. Training
    12. To Love Children Educational Foundation supports established regular training sessions for all employees concerning their rights to be free from unlawful discrimination or harassment and the legal options available if they are unlawfully discriminated against or harassed.

    13. Notice
    14. A copy of this policy will be distributed to all employees and should be posted in areas where all employees will have the opportunity to freely review it.

    15. Report

At year-end, a summary report (to state the number of cases, the general type of case, and if resolved) will be made to the Finance & Compensation committee.

Policy Statement for Equal Employment Opportunities

To Love Children Educational Foundation International Inc. provides equal employment opportunities (EEO) to all employees and applicants for employment without regard to race, color, religion, gender, sexual orientation, national origin, age, disability, marital status, amnesty, or status as a Vietnam-era or special disabled veteran in accordance with applicable federal, state and local laws. To Love Children Educational Foundation International Inc. complies with applicable state and local laws governing non-discrimination in employment in every location in which the company has facilities. This policy applies to all terms and conditions of employment, including, but not limited to, hiring, placement, promotion, termination, layoff, recall, transfer, leaves of absence, compensation, and training.

To Love Children Educational Foundation International Inc. expressly prohibits any form of unlawful employee harassment based on race, color, religion, gender, sexual orientation, national origin, age, disability, or veteran status. Improper interference with the ability to To Love Children Educational Foundation International Inc. employees to perform their expected job duties is absolutely not tolerated.

Complaint Procedure

Each member of management is responsible for creating an atmosphere free of discrimination. Further, employees are responsible for respecting the rights of their coworkers.

If you experience any job-related discrimination or harassment based on your race, color, religion, gender, sexual orientation, national origin, age, disability, marital status, amnesty, or status as a Vietnam-era or special disabled veteran, or if you believe you have been treated in a unlawful, discriminatory manner or have been unlawfully harassed, promptly report the incident to your supervisor. If you believe it would be inappropriate to discuss the matter with your supervisor, report it directly to the head of your Department or the head of the Office of Human Resources. Once made aware of your complaint To Love Children Educational Foundation International Inc. is committed to commence an immediate, thorough investigation of the allegations. Your complaint will be kept confidential to the maximum extent possible.

If, at the completion of the investigation, To Love Children Educational Foundation International Inc. determines that an employee is guilty of discriminatory or harassing behavior, appropriate disciplinary action will be taken against the offending employee.

To Love Children Educational Foundation International Inc. prohibits any form of retaliation against any employee for filing a bona fide complaint under this policy or for assisting in the complaint investigation. However, if, after investigating any complaint of unlawful discrimination, To Love Children Educational Foundation International Inc. determines that an employee intentionally provided false information regarding the complaint, disciplinary action may be taken against the one who gave the false information.

 

Employers must make every reasonable effort to ensure that all of their personnel decisions are made and executed in a non-discriminatory manner. Meeting Equal Employment Opportunity (EEO) obligations is the responsibility of employers, their managers, supervisors, employees, and other representatives or agents. All individuals employed by the company must be sensitive to EEO issues and to their attendant rights and responsibilities with respect to those issues. Employers must communicate on an ongoing basis their EEO obligations and policies to their management representatives and employees. EEO policy statements and practice procedures in employee handbooks satisfy both this objective and that of continuously reinforcing the company's commitment to EEO.

The inclusion of an EEO complaint procedure in the EEO policy statement apprises employees of the company resources available to them for EEO-related complaints that may arise. It makes employees aware of their responsibility to inform the appropriate persons of any possible infraction and the procedure for doing so, and it enhances the company's ability to thoroughly investigate and resolve EEO-related complaints quickly and satisfactorily.

What Should Employers Know About Discrimination in the Workplace?

In an effort to strike a balance between the employer's right to manage its business free from unnecessary intrusion from the government and the individual's right to fair treatment in the workplace free from improper motive, the federal government, state governments and local governments have drafted legislation to better define who is protected and liable, what is prohibited, and how the law is enforced.

Consult with your company's attorney before making any changes to your policies.

 

Fair Pay Policies and Practices

National Committee on Pay Equity
1126 Sixteenth Street, NW
Washington, DC 20036
Telephone: 202-331-7343
Fax: 202-331-7406
http://feminist.com/fairpay.htm
Email:
Fair Pay@aol.com

Fair Pay Clearinghouse
Women's Bureau
U. S. Department of Labor
Washington, DC 20212
Phone: 202-219-6611 or 1-800-827-5335
http://www.dol.gov/dol/wb/