Sexual Harassment Policy

The Sexual Harassment Policy Statement

American Flags Foundation, Inc. is committed to providing a safe environment for all its employees free from discrimination on any ground and from harassment at work including sexual harassment.

American Flags Foundation, Inc. will operate a zero-tolerance policy for any from 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 in confidence. No one will be victimized for making such a complaint.

Definition of Sexual Harassment in a Workplace

Sexual harassment is unwelcome conduct of a sexual nature which 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 which create an environment which is hostile, intimidating or humiliating for the recipient.

Sexual harassment can involve one or more incidents and actions constituting harassment may be physical, verbal, and non-verbal. Examples of conduct or behavior which constitute sexual harassment include, but are not limited to:

Physical Sexual Conduct

Unwelcome physical contact including patting, pinching, stroking, kissing, hugging, fondling, or inappropriate touching.

Physical violence, including sexual assault.

Physical contact, e.g. touching, pinching.

The use of job-related threats or rewards to solicit sexual favors.

Verbal Sexual Conduct

Comments on a worker’s appearance, age, private life, etc.

Sexual comments, stories, and jokes.

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, by email, or by social media).

Non-verbal Sexual 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. American Flags Foundation, Inc. recognizes that sexual harassment may also occur between people of the same sex. What matters is that sexual conduct is unwanted and unwelcome by the person against whom the conduct is directed.

American Flags Foundation, Inc. recognizes that sexual harassment is a manifestation of power relationships and often occurs within unequal relationships in the workplace, for example between manager or supervisor and employee.

Anyone, including employees of American Flags Foundation, Inc., clients, customers, casual workers, contractors, or visitors who sexually harasses another will be reprimanded in accordance with this internal policy.

All sexual harassment is prohibited whether it takes place within American Flags Foundation, Inc. premises or outside, including at social events, business trips, training sessions, or conferences sponsored by American Flags Foundation, Inc.

Sexual Harassment Complaints Procedures

Anyone who is subject to sexual harassment should, if possible, inform the alleged harasser that the conduct is unwanted and unwelcome. American Flags Foundation, Inc. recognizes that sexual harassment may occur in unequal relationships (i.e. between a supervisor and his/her 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, he/she 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 human resources department, etc.

When a designed person receives a complaint of sexual harassment, he/she will:

immediately record the dates, times, and facts of the incident(s).

ascertain the views of the victim as to what outcome he/she wants.

ensure that the victim understands the organization’s procedures for dealing with the complaint.

discuss and agree 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 he/she is 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 organization through relevant legal framework.

Throughout the complaints procedure, a victim is entitled to be helped by a counselor within the nonprofit organization. American Flags Foundation, Inc. will nominate a number of counselor and provide them with special training to enable them to assist victims of sexual harassment.

American Flags Foundation, Inc. recognizes that because sexual harassment often occurs in unequal relationships within the workplace, victims often feel that they cannot come forward. American Flags Foundation, Inc. understands the need to support victims in making complaints.

Sexual Harassment Informal Complaints Mechanism

If the victim wishes to deal with the matter informally, the designated person will:

give an opportunity to the alleged harasser to respond to the complaint.

ensure that the alleged harasser understands the complaints mechanism.

facilitate discussion between both parties to achieve an informal resolution which is acceptable to the complainant, or refer the matter to a designated mediator within the organization 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 three (3) business days of the complaint being made.

Sexual Harassment 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 human resources manager to instigate a formal investigation. The senior human resources manager may deal with the matter him/herself, refer the matter to an internal or external investigator or refer it to a committee of five (5) others in accordance with this policy.

The person carrying out the sexual harassment investigation will:

interview the victim and the alleged harasser separately.

interview other relevant third 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 arrangement, a promotion if the victim was demoted as a result of the harassment, training for the harasser, 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 tool place, he/she may still make recommendations to ensure proper functioning of the workplace.

keep a record of all actions taken.

ensure that all records concerning the matter are kept confidential.

ensure that the process is done as quickly as possible and in any event within five (5) business days of the complaint being made.

Outside Sexual Harassment Complaints Mechanisms

A person who has been subject to sexual harassment can also make a complaint outside the organization. They can do so in Texas through the State Administrative Agency (SAA) or Workforce Commission, Civil Rights Division (TWC-CRD) or through the federal administrative agency, the Equal Employment Opportunity Commission (EEOC).

Sexual Harassment 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 sanction:

verbal or written warning

adverse performance evaluation

reduction in wages

transfer

demotion

suspension

dismissal

The nature of the sanctions 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 sexual harassment policy

American Flags Foundation, Inc. will ensure this policy is widely disseminated to all relevant persons. It will be included in the bylaws and all new employees must be trained on the content of this policy as part of their induction into the organization.

Each year, American Flags Foundation, Inc. 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 his/her employees are aware of the policy.

Monitoring and Evaluation of the Sexual Harassment Policy

American Flags Foundation, Inc. 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 organization will evaluate the effectiveness of this policy and make changes needed.

*Last updated March 22, 2024*

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