6/22/2016 DEPARTMENT OF THE INTERIOR Mail - Sexual Harassment and Equal Opportunity Kunz, Alan Sexual Harassment and Equal Opportunity 1 message YOSE Superintendent, NPS Thu, Jun 9, 2016 at 11:42 AM To: NPS YOSE All Employees Memorandum To: All Employees, Yosemite National Park From: Superintendent, Yosemite National Park Subject: Sexual Harassment and Equal Opportunity As we head into the busy summer season, we want to share information on some critical responsibilities we all must ensure are met. It is our responsibility to prevent harassment in the workplace, in all its various forms, and ensure a discrimination-free work environment for everyone. It is the policy of Yosemite National Park to ensure that any type of discrimination or harassment is unacceptable. We want to emphasize that Yosemite National Park has a Zero Tolerance policy regarding unlawful harassment and other forms of discrimination based on race, color, religion, sex (whether or not of a sexual nature), national origin, age, disability, or reprisal. Managers and supervisors must exhibit and encourage appropriate standards of conduct as well as take immediate and appropriate corrective action when incidents are brought to their attention. Employees must take responsibility for their work environment and conduct themselves in a professional manner. We urge you to read the attached policies carefully. You must be aware of and understand your responsibility in providing and maintaining a harassment-free work environment. Each of you is responsible for understanding this policy. Ignorance of the law is no defense for unlawful conduct. We want to encourage all staff to report any incident. Your ?rst contact should be to your supervisor; however, you have many other options. You can contact the Employee Assistance Program EAP) 800-869-0276; Maxie Hamilton, EEO Manager at the Paci?c West Regional Of?ce 415-623-2172; Rhonda Aranguena, EEO Counselor in Yosemite National Park 209-372-0290; or Carrie Human Resources Of?cer in Yosemite National Park 209-379- 1878. If you have questions concerning this information, contact your supervisor or me. Don L. Neubacher Please review the information below: Sexual Harassment Sexual harassment is a form of sex discrimination and is an "unlawful employment practice" under Title VII of the 1964 Civil Rights Act. It is illegal when it is part of a manager's or supervisor's decision to hire or ?re someone; when it is used to make other employment decisions such as pay, promotion, or job assignment; when it interferes k= 03dec447d5&view %20harassment&qs= true&search=query&th= 1 1/3 62212016 DEPARTMENT OF THE INTERIOR Mail - Sexual Harassment and Equal Opportunity with the employee's work performance; or when it creates an intimidating, hostile, or offensive work enviromnent. Sexual harassment is de?ned as deliberate or repeated behavior of a sexual nature which is unwelcome. The following are examples; they are not meant to be all inclusive. - Physical Contact: Unwelcome touching; physical behavior such as pats or squeezes, such as squeezing a coworker's shoulders or putting a hand around his or her waist; repeated brushing against someone's body; standing too close; suggestive looks or lecring; inappropriate or threatening staring or glaring, obscene, threatening, or offensive gestures. - Verbal or Written Conduct: Unwanted sexual comments, or pressure for sexual favors; inappropriate references to body parts; derogatory or demeaning comments, jokes, or personal questions; sexual innuendoes; catcalls; whistles, sexually suggestive sounds; questionable compliments, such as "Nice legs!" "You look hot in that out?t!" (Compliments like these can make individuals feel uncomfortable or worse. Even if the person who received the "compliment" is not disturbed by it others may be); terms of endearment, such as calling a co?worker "honey," "dear," "sweetheart," or some similar expression. (The effect is the primary issue rather than intent. Even if the person "means nothing to you" or you have "used the term for years" you should be aware that such expressions are inappropriate.) - Visual or smbolic Conduct: Display of nude pictures, scantily-clad, or offensively-clad people; display of offensive, threatening, demeaning, or derogatory symbols, drawings, cartoons, or other graphics; offensive T- shirts, coffee mugs, bumper stickers, or other articles; gestures, such as puckering one's lips suggestively or making obscene signs with one's ?ngers or hands. Sexual harassment negatively affects morale, motivation, and job performance. It results in increased absenteeism, turnover, inef?ciency, and loss of productivity. It is inappropriate, offensive, and it will not be tolerated. Employees who experience sexual harassment should immediately contact a supervisor; manager; or can contact the Employee Assistance Program EAP) 800-869-0276; Maxie Hamilton, EEO Manager at the Paci?c West Regional Of?ce 415-623-2172; Rhonda Aranguena, EEO Counselor in Yosemite National Park 209-372-0290; or Carrie Human Resources Of?cer in Yosemite National Park 209-379?1878. Complaints and cases of sexual harassment will be dealt with An employee who sexually harasses another employee will be disciplined as in any other case of serious employee misconduct. Equal Opportunity and Zero Tolerance of Discrimination Title VII of the Civil Rights Act of 1964, as amended, prohibits discrimination based on race, color, religion, sex (whether or not of a sexual nature), national origin, or reprisal. The Age Discrimination in Employment Act prohibits age discrimination, and the Rehabilitation Act prohibits discrimination of a person with a disability/handicap. Executive Orders prohibit discrimination based on sexual orientation, parental status, and genetic disposition. The Equal Employment Opportunity Commission (EEOC) has always taken the position that the same basic standards apply to all types of prohibited harassment. It is the policy of Yosemite National Park to provide equal opportunity in employment and advancement of all people without regard to race, color, religion, sex, national origin, age or disability. In addition, any employee who participates in the discrimination complaint process can be assured that he/she will be free of any reprisal. Further, it is Yosemite National Park?s policy to have zero tolerance for unlawful discriminatory harassment. Any employee found to have violated Yosemite National Park?s zero tolerance policy shall be subject to letters of reprimand, suspensions, or other appropriate disciplinary actions up to and including dismissal. An employer may be held liable for harassment between co-workers if an agent of the employer supervisors h?sz/m 1 . . . 2/3 6/22/2016 DEPARTMENT OF THE INTERIOR Mail - Sexual Harassment and Equal Opporlunity and managers) knew or should have known of the misconduct, unless the employer can show that lice-"she took immediate and appropriate corrective action. The same is true in the case of non-employees, but the employer?s control over such individuals? misconduct has to be considered. An individual quali?es as an employee?s supervisor if the individual has authority to undertake or recommend tangible employment decisions affecting the employee, or the individual has authority to direct the employee?s daily work activities. Individuals who believe they are being harassed should take advantage of Yosemite National Park?s preventative or corrective opportunities, or otherwise avoid harm. Examples of how to do this are: (1) Identify and communicate the unwelcome behavior to the harasser and ask the person to stop; and/or (2) tell a manager or supervisor about the speci?c incident(s); and/or (3) contact an EEO Counselor. If you have reason to believe you have been subjected to a discriminatory practice, including harassment, which adversely affects your employment opportunities, you must report it within 45 calendar days to your supervisor or an EEO of?cial. Office of the Superintendent Yosemite National Park 209-372-0496 I .. 3/3