Nondiscrimination and Anti-Harassment Policy

PURPOSE. SMCAA is committed to a work environment in which all individuals are treated with respect and dignity. Each individual has the right to work in a professional atmosphere that promotes equal employment opportunities and prohibits unlawful discriminatory practices, including harassment. Therefore, SMCAA expects that all relationships among persons in the office will be business-like and free of explicit bias, prejudice and harassment.

 

In order to ensure the achievement of non-discriminatory acts and to promote action of its programs, SMCAA adopts and sanctions the following policies and practices to prohibit discrimination to anyone employed or seeking employment, or anyone who is a program participant or seeking any and all services and/or benefits administered by SMCAA.

POLICY. The Agency has developed this policy to ensure that all its employees can work in an environment free from unlawful harassment, discrimination and retaliation. SMCAA will make every reasonable effort to ensure that all concerned are familiar with these policies and are aware that any complaint in violation of such policies will be investigated and resolved appropriately. Any employee who has questions or concerns about these policies should talk with the HR department.

 

These policies should not, and may not, be used as a basis for excluding or separating individuals of a particular gender, or any other protected characteristic, from participating in business or work-related social activities or discussions. In other words, no one should make the mistake of engaging in discrimination or exclusion to avoid allegations of harassment. The law and the policies of SMCAA prohibit disparate treatment on the basis of sex or any other protected characteristic, with regard to terms, conditions, privileges and perquisites of employment. The prohibitions against harassment, discrimination, and retaliation are intended to complement and further those policies, not to form the basis of an exception to them.

 

These policies apply to all SMCAA applicants and employees, whether related to conduct engaged in by fellow employees or by someone not directly connected to the Agency (e.g., an outside vendor, volunteer, client, etc.). Conduct prohibited by these policies is unacceptable in the workplace and in any work-related setting outside the workplace, such as during business trips, business meetings, and business-related social events.

 

Equal Employment Opportunity. SMCAA is an equal opportunity employer. All employees will be employed, advanced, promoted, trained, supervised and dismissed without regard to race, color, creed, sex (including sexual orientation, gender identity, and pregnancy), national origin, age, height, weight or marital status in accordance with the dictates of Michigan’s Elliot-Larsen Civil Rights Act and Federal Law.

 

SMCAA will not discriminate against qualified individuals with disabilities with regard to any aspect of their employment in compliance with the Americans with Disabilities Act of 1990 (with 2008 amendments) and its related Section 504 of the Rehabilitation Act of 1973.

Equal Opportunity Provider. SMCAA hereby assures that in the administration of all programs and services under its auspices, it will comply with the following Statutes related to non-discrimination, including, but not limited to:

  1. Title VI I of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color, or national origin.

  2. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683, and 1685-1686) which prohibits discrimination on the basis of sex.

  3. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), which prohibits discrimination on the basis of handicap, and the Americans with Disabilities Act as passed in 1991.

  4. The Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which prohibits discrimination on the basis of age.

  5. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), as amended, relating to non-discrimination in the sale, rental, or financing of housing.

  6. Section 5121, Drug-Free Workplace Requirements for Federal Contractors, Drug-Free Workplace Act of 1988.

  7. Any other non-discrimination provisions in the specific statute(s) under which application for federal assistance is being made, either Federal or SMCAA State statute(s).

 

Sexual Harassment. Sexual harassment constitutes discrimination and is illegal under federal, state, and local laws. For the purposes of this policy, “sexual harassment” is defined by the Equal Employment Opportunity Commission (EEOC) as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

  • Submission to such conduct is made either explicitly or implicitly as a term or condition of employment;

  • Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual;

  • Such conduct has the purpose or effect of unreasonably interfering with your work performance or creating an intimidating, hostile or offensive working environment.

 

Sexual harassment can be physical and psychological in nature. An aggregation of incidents can constitute sexual harassment even if one of the incidents considered on its own would not be harassing.

 

Title VII of the Civil Rights Act of 1964 recognizes two types of sexual harassment: 1.) quid pro quo and 2.) hostile work environment. Sexual harassment may include a range of subtle and not-so-subtle behaviors and may involve individuals of the same or different gender. Depending on the circumstances, these behaviors may include unwanted sexual advances or requests for sexual favors; sexual jokes and innuendo; verbal abuse of a sexual nature; commentary about an individual’s body, sexual prowess or sexual deficiencies; leering, whistling or touching; insulting or obscene comments or gestures; display in the workplace of sexually suggestive objects or pictures; and other physical, verbal or visual conduct of a sexual nature.

 

Harassment. Harassment on the basis of any other protected characteristic is also strictly prohibited. Under this policy, harassment is verbal, written or physical conduct that denigrates or shows hostility or aversion toward an individual because of his or her race, color, religion, sex, sexual orientation, gender identity or expression, national origin, age, disability, marital status, citizenship, genetic information, or any other characteristic protected by law, or that of his or her relatives, friends or associates, and that:

  • Has the purpose or effect of creating an intimidating, hostile or offensive work environment

  • Has the purpose or effect of unreasonably interfering with an individual’s work performance, or c) otherwise adversely affects an individual’s employment opportunities.

 

Harassing conduct includes epithets, slurs or negative stereotyping; threatening, intimidating or hostile acts; denigrating jokes; and written or graphic material that denigrates or shows hostility or aversion toward an individual or group that is placed on walls or elsewhere on the employer’s premises or circulated in the workplace, on company time or using company equipment by e-mail, phone (including voice messages), text messages, social networking sites or other means.

SMCAA practices ZERO TOLERANCE for discrimination and harassment.

This institution is an equal opportunity provider.