Sexual Harassment Policy

The Policy Statement

Finalcover LLC is committed to maintaining a workplace free from sexual harassment. Sexual harassment is a form of workplace discrimination. Sexual harassment is against the law and all employees have a legal right to a workplace free from sexual harassment, and employees are urged to report sexual harassment by filing a complaint internally with Finalcover LLC. All employees are required to work in a manner that prevents sexual harassment in the workplace. This Policy is one component of Finalcover LLC’s commitment to a discrimination-free work environment. Employees can also file a complaint with a government agency or in court under federal, state, or local anti-discrimination laws.

Finalcover LLC will operate a zero-tolerance policy for any form of sexual harassment in the workplace, treat all incidents seriously, and promptly investigate all allegations of sexual harassment. Any person found to have sexually harassed another will face disciplinary action, up to and including dismissal from employment. All complaints of sexual harassment will be taken seriously and treated with respect and confidence. No one will be victimized for making such a complaint.

Definition of Sexual Harassment

Sexual harassment is unwelcome conduct of a sexual nature that makes a person feel offended, humiliated, and/or intimidated. It includes situations where a person is asked to engage in sexual activity as a condition of that person’s employment, as well as situations that create an environment that is hostile, intimidating, or humiliating for the recipient.
Sexual harassment can involve one or more incidents and actions constituting harassment may be physical, verbal, or non-verbal. Examples of conduct or behavior which constitute sexual harassment include, but are not limited to:

Physical Conduct

  • Unwelcome physical contact includes but is not limited to the following: patting, pinching, poking, stroking, kissing, hugging, fondling, or inappropriate touching.
  • Physical violence, including sexual assault.
  • Physical contact, e.g. touching, pinching, stroking, etc.
  • The use of job-related threats or rewards to solicit sexual favors.

Verbal Conduct

  • Requests for sexual favors accompanied by implied or overt threats concerning the victim’s job performance evaluation, a promotion, or other job benefits or detriments
  • Sexually oriented gestures, noises, remarks, or jokes
  • Comments about a person’s sexuality or sexual experience
  • Sexual advances
  • Repeated and unwanted social invitations for dates or physical intimacy.
  • Insults based on the sex of the worker
  • Condescending or paternalistic remarks
  • Sending sexually explicit messages (by phone, email, slack, etc.)

Non-verbal Conduct

  • Display of sexually explicit or suggestive material
  • Sexually-suggestive gestures
  • Whistling
  • Leering

Anyone can be a victim of sexual harassment, regardless of their sex and of the sex of the harasser. Finalcover LLC recognizes that sexual harassment may also occur between people of the same sex. What matters is that the sexual conduct is unwanted and unwelcome by the person against whom the conduct is directed.

Finalcover LLC recognizes that sexual harassment is a manifestation of power relationships and often occurs within unequal relationships in the workplace, for example between a manager or supervisor and an employee.

Anyone, including employees of Finalcover LLC, clients, contractors, or visitors who sexually harass another person will be promptly reprimanded in accordance with this internal policy.

All sexual harassment is prohibited whether it takes place within Finalcover LLC offices or outside, including at social events, business trips, training sessions, or conferences sponsored by Finalcover LLC.

Reporting Sexual Harassment

Preventing Sexual Harassment is everyone’s responsibility

Finalcover LLC cannot prevent or remedy sexual harassment unless it knows about it. Any employee, paid or unpaid intern, or non-employee who has been subjected to behavior that may constitute sexual harassment is encouraged to report such behavior to a supervisor.

Complaint Procedures

Anyone who is subject to sexual harassment should, if possible, inform the alleged harasser that the conduct is unwanted and unwelcome. Finalcover LLC recognizes that sexual harassment may occur in unequal relationships (i.e. between a supervisor and an employee) and that it may not be possible for the victim to inform the alleged harasser.

If a victim cannot directly approach an alleged harasser, they can approach one of the designated staff members responsible for receiving complaints of sexual harassment. This person could be another supervisor, a member of the HR department, etc.

When a designated person receives a complaint of sexual harassment, they will:

  • Immediately record the dates, times, and facts of the incident(s)
  • Ascertain the views of the victim as to what outcome they want
  • Ensure that the victim understands the company’s procedures for dealing with the complaint
  • Discuss and agree to the next steps: Either informal or formal complaint, on the understanding that choosing to resolve the matter informally does not preclude the victim from pursuing a formal complaint if they are not satisfied with the outcome
  • Keep a confidential record of all discussions
  • Respect the choice of the victim
  • Ensure that the victim knows that they can lodge the complaint outside of the company through the relevant legal framework.

Throughout the complaints procedure, a victim is entitled to be helped by a counselor within the company. Finalcover LLC will nominate a number of counselors and provide them with special training to enable them to assist victims of sexual harassment. Finalcover LLC recognizes that because sexual harassment often occurs in unequal relationships within the workplace, victims often feel that they cannot come forward. Finalcover LLC understands the need to support victims in making complaints.

Informal Complaints Mechanism

  • Give an opportunity to the alleged harasser to respond to the complaint.
  • Ensure that the alleged harasser understands the complaint mechanism.
  • Facilitate discussion between both parties to achieve an informal resolution that is acceptable to the complainant, or refer the matter to a designated mediator within the company to resolve the matter.
  • Ensure that a confidential record is kept of what happens.
  • Follow up after the outcome of the complaints mechanism to ensure that the behavior has stopped.
  • Ensure that the above is done speedily and within 3-5 days of the complaints being made.

Formal Complaints Mechanism

If the victim wants to make a formal complaint or if the informal complaint mechanism has not led to a satisfactory outcome for the victim, the formal complaint mechanism should be used to resolve the matter.

The designated person who initially received the complaint will refer the matter to a senior manager to instigate a formal investigation. The senior manager may deal with the matter themselves or refer the matter to an internal or external investigator.

The person carrying out the investigation will:

  • Interview the victim and the alleged harasser separately
  • Interview other relevant parties separately
  • Decide whether or not the incident(s) of sexual harassment took place
  • Produce a report detailing the investigations, findings, and any recommendations.
  • If the harassment took place, decide what the appropriate remedy for the victim is, in consultation with the victim (i.e. -an apology, a change to working arrangements, discipline, suspension, dismissal)
  • Follow up to ensure that the recommendations are implemented, that the behavior has stopped, and that the victim is satisfied with the outcome
  • If it cannot determine that the harassment took place, they may still make recommendations to ensure the proper functioning of the workplace.
  • Keep a record of all actions taken
  • Ensure that all of the records concerning the matter are kept confidential

Sanctions and disciplinary measures

Anyone who has been found to have sexually harassed another person under the terms of this policy is liable to any of the following sanctions:

  • Verbal or written warning
  • Adverse performance evaluation
  • Suspension
  • Dismissal

The nature of the sanction will depend on the gravity and extent of the harassment. Suitable deterrent sanctions will be applied to ensure that incidents of sexual harassment are not treated as trivial. Certain serious cases, including physical violence, will result in the immediate dismissal of the harasser.

Implementation of this policy

Finalcover LLC will ensure that this policy is widely disseminated to all relevant persons. It will be included in the staff handbook. All new employees must be trained on the content of this policy as part of their induction into the company.

Every year, Finalcover LLC will require all employees to attend a refresher training course on the content of this policy.

It is the responsibility of every manager to ensure that all employees are aware of the policy.

Monitoring and Evaluation

Finalcover LLC recognizes the importance of monitoring this sexual harassment policy and will ensure that it anonymously collects statistics and data as to how it is used and whether or not it is effective. Supervisors, managers and those responsible for dealing with sexual harassment cases will report on compliance with this policy, including the number of incidents, how they were dealt with, and any recommendations made. This will be done on a yearly basis. As a result of this report, the company will evaluate the effectiveness of this policy and make any changes needed.