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Sexual Harrassment Policy

Purpose:

The intent of this policy is to advise individuals working in the health home care field at Complete Home Care Services Inc. that they are entitled to an environment that is free from sexual harassment.

Policy:


Sexual harassment is not merely offensive but it is a form of discrimination in violation of Federal and State Law. 1

Definitions:

  • Employer: Includes any home health care provider agency.
  • Employee: Any person, compensated or not, that is employed by or a volunteer for any Complete Home Care Services Inc. provider agency or health care provider agency.
  • Workplace: Any location or vehicle that an employee is at in the course of their duties for the employer.
  • Student: Any person enrolled in a Complete Home Care Services Inc. training or professional development course.
  • Educational Setting: Includes any location being used for Complete Home Care Services Inc. professional learning and education. This definition extends to locations used for clinical and field training of health care providers.
  • Sexual Harassment: Any unwanted verbal or physical advances, sexually explicit derogatory statements, or sexually discriminatory remarks made by someone in a workplace or educational setting which are offensive or objectionable to the recipient, cause the recipient discomfort or humiliation, or interfere with the recipient’s job performance or educational progress.

Sexual Harassment May Include:


• Visual harassment; posters, magazines, calendars etc
• Verbal harassment or abuse: repeated requests for dates, lewd comments sexually explicit jokes, whistling etc.
• Written Harassment: Love poems, letters, graffiti
• Offensive gestures
• Subtle pressure for sexual activities
• Unnecessary touching, patting, pinching or kissing.
• Leering or ogling
• Brushing up against another’s body
• Promise of promotions, favorable performance evaluations or grades, etc in return for sexual favors
• Demanding sexual favors accompanied by implied or overt threats to a person’s job, promotion, performance evaluation, grade, etc.
• Physical assault, sexual abuse including rape.

Implementation


Sexual Harassment is a Violation of Law Notification
Notice is made to all employees and students that sexual harassment is a violation of law and is intolerable in either the educational or employment setting.
Sexual harassment is considered a form of employee and/or student misconduct and that sanctions will be enforced against individuals engaging in sexual harassment and against supervisory, administrative or managerial personnel who knowingly allow such behavior to continue.

Sexual Harassment Procedure


Policies include a procedure for the following:

  • Making a Complaint of Sexual Harassment
    To Report an Incident: Complete Home Care Services Inc. currently has a 24 hour a day, seven day a week on call system. As an extension of this system, Complete Home Care Services Inc. maintains a hotline at (646) 246-3498to enable an individual to report any suspected violations of the law, Federal healthcare regulations, policies or procedures or the Complete Home Care Services Inc.’s Standards of Conduct. The hotline will be available from 8:00 AM – 5:00 PM. Voice Mail will be available after hours. An letter may be submitted via anonymous dropbox or mail at 205-14 Linden Blvd, Queens New York 11412 or fax (718) 525-4305 in lieu of calling the Hotline number.
  • Direct Complaints
    Complaints can be made to any member of the organization, Department of Health or any other advocacy organization. All are encouraged to direct complaints to the Corporate Compliance Manager or any other member of the organization directly, indirectly and anonymously.
  • Form the Complaint Should be Filed
    All forms of complaint are accepted. Every effort is made to report incidents and/or complaints directly, indirectly and anonymously.
  • Complete Home Care Services Inc. Procedure for Investigating Complaints
    A subsequent review to determine if sexual harassment has been effectively stopped is an ongoing organizational mission.

Recommended Advocacy Organizations


In addition to filing a complaint within the procedure of the workplace or for agencies that do not have policies, individuals are also entitled to seek relief by filing a complaint with:
• New York State Department of Health
• New York City Department of Health
• New York State Division of Human Rights
• Federal Equal Employment Opportunity Commission
• U.S. Labor Department – Office of Civil Rights
• A court having appropriate jurisdiction

Distribution of Complete Home Care Services Inc. Sexual Harassment Policy


This policy is widely distributed by providing a copy of it to all employees, included in all new employee and student orientations and publicized within the workplace or educational setting. Postings on the Complete Home Care Services Inc. website, Facebook, twitter and list-serve are also used to distribute, share and reinforce the Complete Home Care Services Inc. Sexual Harassment Policy. Employers conduct appropriate training to instruct and sensitize all employees to the policy.

Adapted From:

The New York State Department of Health Sexual Harassment Policy Bureau of EMS Policy http://www.health.state.ny.us/nysdoh/ems/policy/00-11.htm

Endnote:
1Title VII of the Civil Rights act of 1964
Executive Order No. 19 Issued 5/31/83

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