Human Resources and Payroll

The Research Foundation is committed to equal employment opportunity and to compliance with federal antidiscrimination laws. We also comply with California law, which prohibits discrimination and harassment against employees, applicants for employment, individuals providing services in the workplace pursuant to a contract, unpaid interns and volunteers based on their actual or perceived: race, religious creed, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status (including registered domestic partnership status), sex and gender (including pregnancy, childbirth, lactation and related medical conditions), gender identity and gender expression (including transgender individuals are transitioning, have transitioned, or are perceived to be transitioning to the gender with which they identify), age (40 and over), sexual orientation, Civil Air Patrol status, military and veteran status and any other consideration protected by federal, state or local law (collectively referred to as “protected characteristics”).

For purposes of this policy, discrimination on the basis of "national origin" also includes discrimination against an individual because that person holds or presents the California driver's license issued to those who cannot document their lawful presence in the United States. An employee's or applicant for employment's immigration status will not be considered for any employment purpose except as necessary to comply with federal, state or local law. Our commitment to equal opportunity employment applies to all persons involved in our operations and prohibits unlawful discrimination and harassment by any employee, including supervisors and co-workers.

The Research Foundation will not tolerate discrimination or harassment based upon these protected characteristics or any other characteristic protected by applicable federal, state or local law. The Research Foundation also does not retaliate or otherwise discriminate against applicants or employees who request a reasonable accommodation for reasons related to disability or religion.

The Research Foundation takes all reasonable steps to prevent discrimination and harassment. Sexual harassment in employment violates Research Foundation policy and is prohibited under Title VII of the Federal Civil Rights Act and the California Fair Employment and Housing Act.

Sexual Harassment Defined

Federal Law defines sexual harassment as unwanted sexual advances, requests for sexual favors or visual, verbal or physical conduct of a sexual nature when: (1) submission to such conduct is made a term or condition of employment; or (2) submission to or rejection of such conduct is used as basis for employment decisions affecting the individual; or (3) such conduct has the purpose or effect of unreasonably interfering with an employee's work performance or creating an intimidating, hostile or offensive working environment.

California law defines sexual harassment as unwanted sexual advances or visual, verbal, or physical conduct of a sexual nature. This definition includes many forms of offensive behavior.

The following is a partial list of behavior considered offensive:

• Unwanted sexual advances
• Offering employment benefits in exchange for sexual favors
• Making or threatening reprisals after a negative response to sexual advances
• Visual conduct: leering, making sexual gestures, displaying of sexually suggestive objects or pictures, cartoons, or posters.
• Verbal conduct: making or using derogatory comments, epithets, slurs, sexually explicit jokes, comments about an employee's body or dress.
• Verbal sexual advances or propositions.
• Verbal abuse of a sexual nature, graphic verbal commentary about an individual's body, sexually degrading words to describe an individual, suggestive or obscene letter, notes or invitations.
• Physical conduct: touching, assault, impeding or blocking movements.

It is unlawful for any employee to sexually harass females or males. Sexual harassment on the job is unlawful whether it involves co-worker harassment, harassment by a supervisor or manager, or by persons doing business with or for the Research Foundation.

Prevent Sexual Harassment

A program to eliminate sexual harassment from the workplace is not only required by law but is the most practical way to prevent incidents from occurring, or to avoid or limit damages if harassment should occur despite preventive efforts.

The Research Foundation's Complaint Procedure

The Research Foundation's complaint procedure provides for an immediate, thorough and objective investigation of any sexual harassment claim, appropriate disciplinary action against one found to have engaged in prohibited sexual harassment, and appropriate remedies to any victim of harassment.

Employees who believe they have been sexually harassed on the job, including harassment by persons doing business with or for the Research Foundation should provide a written or verbal complaint to Director of Human Resources or Chief Operating Officer of the Research Foundation as soon as possible. The complaint should include details of the incident(s), names of individuals involved, and the names of any witnesses. Supervisors and managers must immediately refer all harassment complaints to the Director of Human Resources or Chief Operating Officer of the Research Foundation.

All incidents of sexual harassment that are reported must be investigated. The Director of Human Resources or the Chief Operating Officer of the Research Foundation will immediately undertake or direct an effective, thorough, and objective investigation of the harassment allegations. The investigation will be completed and a determination regarding the alleged harassment will be communicated to the employee(s) who complained and the accused harasser(s). If the Research Foundation determines that sexual harassment has occurred, the Research Foundation will take effective remedial action commensurate with the circumstances. Appropriate action will also be taken to deter any future harassment. If a complaint of sexual harassment is substantiated, appropriate disciplinary action, up to and including discharge, will be applied. Whatever action is taken against the harasser will be communicated to the employee who complained, and the Research Foundation will take appropriate action to remedy any loss to the employee resulting from the sexual harassment.

Protection Against Retaliation

The Research Foundation's policy and California law prohibit retaliation against any employee by another employee or by the Research Foundation for using the complaint procedure or for filing, testifying, assisting, or participating in any manner in any investigation, proceeding or hearing conducted by a federal or state enforcement agency. Prohibited retaliation to the whistle-blower includes, but is not limited to, demotion, suspension, failure to hire or consider for hire, failure to give equal consideration in making employment decisions, failure to make employment recommendations impartially, adversely affecting working conditions or otherwise denying any employment benefits.

No harassment will knowingly be permitted, and the Research Foundation will not knowingly permit any retaliation against any employee who complains of sexual harassment or who participates in an investigation. Research Foundation policy and California law prohibit retaliation against any employee who opposes sexual harassment. Opposition to sexual harassment includes, but is not limited to: seeking advice or assisting or advising any person in seeking advice of an enforcement agency regardless of whether a complaint is filed or, it filed, substantiated; opposing employment practices that an employee reasonably believes to be unlawful; participating in an activity perceived to be opposition to discrimination by an employer covered by the law; or contacting, communicating with or participating in any federal, state, or local human rights or civil rights agency proceedings.

Any report of retaliation by the one accused of harassment, or by co-workers, supervisors, or managers, will also be immediately, effectively, and thoroughly investigated in accordance with the Research Foundation's investigation procedures outlined above. If a complaint of retaliation is substantiated, appropriate disciplinary action, up to and including discharge, will be taken.

Liability for Sexual Harassment

Any employee of the Research Foundation whether co-workers, supervisor, or manager, who is found to have engaged in unlawful sexual harassment is subject to disciplinary action up to and including discharge from employment. An employee who engages in sexual harassment, including any manager who knew about the harassment and took no action to stop it, may be held personally liable for monetary damages. The Research Foundation will not pay damages assessed personally against any employee.

Additional Enforcement Information

In addition to the Research Foundation internal complaint procedure, employees should also be aware that the federal Equal Employment Opportunity Commission (EEOC) and the California Department of Fair Employment and Housing (DFEH) investigate and prosecute complaints of sexual harassment in employment. Employees who believe that they have been sexually harassed may file a complaint with the EEOC within 300 days of the harassment or with the DFEH within one year of the harassment. Both the EEOC and the DFEH serve as neutral fact finders and attempt to help the parties voluntarily resolve disputes.

If the EEOC finds a complaint is justified, it may bring a lawsuit in federal court seeking an order to prevent further unlawful activity, as well as orders to pay large fines and damages, and remedies such as hiring, reinstatement, back pay, promotion and changes in the employer's policies and/or practices. If the DFEH finds evidence of sexual harassment, and settlement efforts fail, the DFEH may file formal accusations against the employer and the harasser. The accusation will lead either to a public hearing before the Fair Employment and Housing Commission or a lawsuit on the complainant's behalf by the DFEH. If the Commission finds that harassment occurred, it can order remedies, including damages and/or fines from each employer and harasser charged. In addition, the Commission may order hiring or reinstatement, back pay, promotions and changes in the policies or practices of the involved employer. A court may order unlimited damages.

Other Types of Unlawful Harassment

In addition to sexual harassment, the Research Foundation's policy prohibits all types of harassment whether are based on an employee's race, ethnicity, age, physical or mental disability, sexual orientation or any other basis prohibited by federal, state, or local law. All such harassment is prohibited. The policies and procedures described above apply to all types of unlawful harassment and an employee should feel free, without fear of retaliation, to follow the procedures described if he or she believes unlawful harassment has occurred.

For more information, contact the Research Foundation Director of Human Resources or Chief Operating Officer.

The nearest office of the EEOC or DFEH, may also be contacted as listed below:

Equal Employment Opportunity Commission
322 West First Street, #2126
Los Angeles, CA 90012
(213) 897-2844

Equal Employment Opportunity Commission
901 Market Street, Suite 500
San Francisco, CA 94103
(415) 744-6500

Department of Fair Employment and Housing
255 East Temple Street, Fourth Floor
Los Angeles, CA 90012
(213) 894-1015

Department of Fair Employment and Housing
30 Van Ness Avenue, Suite 300
San Francisco, CA 94102-6073
(415) 557-2005