Non-Discrimination Policy
PCAVT does not discriminate in the delivery of services or benefits based on race, color, national origin, religion, sex, disability, sexual orientation, or gender identity.
(from PCAVT Employee Handbook, dated October 3, 2022)
VI. ANTI-DISCRIMINATION AND HARASSMENT POLICIES
6.1 Harassment Policy
PCAVT does not tolerate unwanted written, verbal, physical, cyber or electronic harassment of employees. Every employee and Board Member is expected to respect his or her co-workers at all times. If you feel you are being harassed, please advise the person who you believe is harassing you and ask him or her to stop. If this action does not resolve the issue immediately report the harassment to your supervisor. If an employee feels they are being harassed by the Executive Director or Business Manager, the employee shall report this activity to the Chair of the Board or any Board member immediately. If the Executive Director or another member of the staff is being harassed by a Board Member, the Executive Director shall report this behavior to the Chair of the Board or another Board Officer immediately, seeking relief and resolution. Reported instances may be investigated if warranted. If harassment is proved, the offending employee shall be disciplined at management’s discretion. If the offending person is a Board Member and the harassment does not stop, that person may be required to separate from the Board.
6.2 Equal Employment Opportunity Policy
PCAVT's policy is to select, place, train and promote the best qualified individuals based upon relevant factors such as work quality, attitude and experience, so as to provide equal employment opportunity for all of our employees in compliance with applicable local, state and federal laws and without regard to non-work-related factors such as race, color, religion/creed, ancestry, gender identity, national origin, place of birth, age, physical or mental condition, or sexual orientation. As an Equal Opportunity Employer (EOE) PCAVT provides notice to current employees and external job applicants through our careers section of our PCAVT.org website, in job advertisements, and during the interview process. This equal opportunity policy applies to all PCAVT activities, including but not limited, to recruiting, hiring, training, transfers, promotions and benefits. In our job ads and our careers section of our PCAVT.org website, PCAVT provides a copy of our EOE anti-discrimination, unlawful harassment, and drug free workplace policies.
This Equal Opportunity Policy also applies to participants in PCAVT programs!
In our program ads, our program information section of the website, and during intake or program planning interviews PCAVT provides a copy of our EEOP anti-discrimination, unlawful harassment, accommodation of disabilities, provision for Limited English Proficiency (LEP) persons, drug free and smoke free workplace policies.
6.3 Unlawful Harassment Policy
Introduction
It is against the policies of PCAVT and illegal under state and federal law, for any employee to harass another employee because of sex, gender identity, race color, religion, creed, ancestry, national origin, place of birth, physical or mental condition, sexual orientation, or age. Incidents of harassment prohibited by this policy must be reported to one of the following individuals: the employee’s immediate supervisor, the Executive Director, or the Business Manager. PCAVT is committed to providing a workplace free from this unlawful conduct. It is a violation of this policy for an employee to engage in sexual harassment.
What is "sexual harassment"
Sexual harassment is a form of sex discrimination and means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
· Submission to that conduct is made either explicitly or implicitly a term or condition of employment;
· Submission to or rejection of such conduct by an individual is used as a component of the basis for employment decisions affecting that individual; or
· The conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.
· Examples of sexual harassment include, but are not limited to the following, when such acts or behavior come within one of the above definitions:
· either explicitly or implicitly conditioning any term of employment (e.g. continued employment, wages, evaluation, advancement, assigned duties or shifts) on the provision of sexual favors
· touching or grabbing a sexual part of an employee's body
· touching or grabbing any part of an employee's body after that person has indicated, or it is known, that such physical contact is unwelcome
· continuing to ask an employee to socialize on or off-duty when that person has indicated they are not interested
· displaying or transmitting sexually suggestive messages, pictures, objects, cartoons, or posters if it is known or should be known that the behavior is unwelcome
· continuing to write sexually suggestive notes or letters if it is known or should be known that the person does not welcome such behavior
· referring to or calling a person a sexualized name if it is known or should be known that the person does not welcome such behavior
· regularly telling sexual jokes or using sexually vulgar or explicit language in the presence of a person if it is known or should be known that the person does not welcome such behavior;
· retaliation of any kind for having filed or supported a complaint of sexual harassment (e.g. ostracizing the person, pressuring the person to drop or not support the complaint, adversely altering that person's duties or work environment, etc.)
· derogatory or provoking remarks about or relating to an employee's sex or sexual orientation
· harassing acts or behavior directed against a person on the basis of his or her sex or sexual orientation, or gender identity
· off-duty conduct which falls within the above definition and affects the work environment
What PCAVT will do if it learns of possible harassment prohibited by this policy
In the event PCAVT receives a complaint of harassment, or otherwise has reason to believe that harassment is occurring, it will take all necessary steps to ensure that the matter is promptly investigated and addressed. PCAVT is committed, and required by law, to take action if it learns of potential harassment, even if the aggrieved employee does not wish to formally file a complaint. Every supervisor is responsible for promptly responding to, or reporting, any complaint or suspected acts of harassment. Supervisors should report to one of the following individuals: the Executive Director or the Business Manager. Failure by a supervisor to appropriately report or address such harassment complaints or suspected acts shall be considered to be in violation of this policy.
Care will be taken to protect the identity of the person with the complaint and of the accused party or parties, except as may be reasonably necessary to successfully complete the investigation. It shall be a violation of this policy for any employee who learns of the investigation or complaint to take any retaliatory action, which affects the working environment of any person involved in this investigation.
If the allegations of harassment are found to be credible, PCAVT will take disciplinary action. PCAVT will inform the complaining person and the accused person of the results of the investigation and what actions will be taken to ensure that the harassment will cease and that no retaliation will occur.
If the allegation is not found to be credible, the person with the complaint and the accused person shall be so informed, with appropriate instruction provided to each, including the right of the complainant to contact any of the state or federal agencies identified in this policy notice.
What an employee should do if the employee believes they have been discriminated against or harassed
Any employee who believes that they have been discriminated against or has been the target of harassment, or who believes they have been subjected to retaliation for having brought or supported a complaint, is encouraged to directly inform the offending person or persons that such conduct is offensive and must stop. If the employee does not wish to communicate directly with the alleged harasser or harassers, or if direct communication has been ineffective, then the person with the complaint is encouraged to report the situation as soon as possible and to at least one of the following: the employee’s immediate supervisor, the Executive Director, or the Business Manager. It is helpful to an investigation if the employee keeps a diary of events and the names of people who witnessed or were told of the harassment, if possible.
If the complainant is dissatisfied with PCAVT action, or is otherwise interested in doing so, they may file a complaint within 300 days of the adverse action by writing or calling any of the following state or federal agencies:
Vermont Attorney General's Office, Civil Rights Unit, 109 State Street, Montpelier, VT 05609-1001
Telephone: (888) 745-9195 (voice/TDD); Email: ago.civilrights@vermont.gov
Equal Employment Opportunity Commission, John F. Kennedy Federal Building, 475 Government Center, Boston, MA 02203 (617) 565-3196 or 1-800-669-4000.
Each of these agencies can conduct impartial investigations, facilitate conciliation, and if it finds that there is probable cause or reasonable grounds to believe sexual harassment occurred, it may take the case to court. Although employees are encouraged to file their complaint of sexual harassment through PCAVT's complaint procedure, an employee is not required to do so before filing a charge with these agencies.
In addition, a complainant also has the right to hire a private attorney, and to pursue a private legal action in state court within 3 or 6 years, depending on the type of claims raised.
Extra copies of this policy
Extra copies of PCAVT's harassment policy are available in the office of the