Free Sample AIDS Or HIV Harassment Policy
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Sample AIDS Or HIV Harassment Policy


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AIDS or HIV Harassment

PURPOSE:

It is the purpose of this policy to ensure the workplace remains harassment-free for all employees who have or are perceived to have AIDS or HIV and for resolving disputes between employees arising out of such harassment.

POLICY:

Employees who have or are perceived to have AIDS or HIV are entitled to work in an environment free of harassment.  Harassment based upon AIDS or HIV violates the State ABC Act and the United States Rehabilitation Act.

Harassment of an employee by a supervisor, a manager or coworker, or harassment of a supervisor by an employee on the basis of AIDS or HIV or the perception of having AIDS or HIV is prohibited.

Department Managers shall provide a harassment-free work environment.  Department Managers shall inform their employees of this policy and complaint procedure and shall have supervisors report instances of harassment to them or the Director of Human Resources.

Disciplinary action up to an including termination may be imposed for harassment and retaliation described in the following definitions.

DEFINITIONS

AIDS - Acquired Immune Deficiency Syndrome.

HIV - The infectious agent known as Human Immune Virus, Human Immuno Deficiency Virus, HTLV-III, LAV or AIDS Virus.

Verbal Harassment – Epithets or derogatory comments.

Physical Harassment - Physical conduct or any physical interference with normal work towards an individual who has or is perceived to have AIDS or HIV.

Visual Harassment - Derogatory posters, notices, bulletins, cartoons or drawings directed at an individual who has or is perceived to have AIDS or HIV.

Retaliation - Limiting, segregating, or classifying an employee who has or is perceived to have AIDS or HIV in a way that adversely affects the employment opportunities or status of the employee.

COMPLAINT PROCEDURE:

Informal Complaint Procedure: An employee should tell the offending individual that the behavior is offensive or inappropriate.  If the offended employee is reluctant to confront the offender, the offended employee shall inform the supervisor, manager or Director of Human Resources who will discuss the complaint with the alleged offending individual or a manager or supervisor of the department in which that individual works.  If the offended individual or alleged offending individual is not satisfied with the resolution, a formal written complaint must be filed by one of them.

Formal Complaint Procedure: A formal written complaint is filed with the Director of Human Resources.  Only a signed written complaint will be investigated under this procedure.  The department manager and Director of Human Resources will determine if any corrective action will be taken.

A formal written complaint is a signed account of what occurred and includes the names of all persons who were present.  The formal complaint must be filed within  days of the incident, unless circumstances justify submitting it beyond  from the date of the incident.

If the complaint is against the Director of Human Resources, then it is filed with the Vice President.

If the formal complaint is against a department manager, then it is filed with the Vice President and the Director of Human Resources.

When the Director of Human Resources and the department manager (or the Vice President) have completed the investigation, they shall forward their investigation report and decision to the CEO.

RIGHT OF APPEAL

The offended individual or the alleged offending individual may appeal the decision by requesting a hearing.  A request for such hearing shall be made in writing to the Department of Personnel Services within working days from date of receipt of the decision.


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