DBCo promotes a workplace which is professional and which treats all employees with dignity and respect. DBCo expressly prohibits any form of harassment based on race, color, national origin, ancestry, religion, sex, sexual orientation, gender identity, age, physical or mental disability, genetic information or any other characteristic protected by law. The following policy applies to all employees, consultants, and applicants of DBCo, but it is not intended to, and does not, create greater protections than those provided by law. Also, while this policy advances DBCo’s goal of creating a workplace that is free from sexual and other unlawful harassment, this policy is not designed to or intended to limit our authority to discipline or take remedial action for workplace conduct that DBCo deems unacceptable, regardless of whether the conduct satisfies the definition of sexual or other unlawful harassment.
Sexual harassment is unlawful and will not be tolerated by this organization. “Sexual harassment” means sexual advances, requests for sexual favors and verbal or physical conduct of a sexual nature when:
(a) Submission to or rejection of such advances, requests or conduct is made explicitly or implicitly a term or condition of employment or as a basis for employment decision; or
(b) Such advances, requests or conduct have the purpose or effect of unreasonably interfering with an individual’s work performances by creating an intimidating, hostile, humiliating, or sexually offensive work environment.
Examples of prohibited conduct from which sexual harassment may arise include
Unwelcome sexual advances, whether they involve physical touching or not;
Requests for sexual favors in exchange for actual or promised job benefits (such as favorable reviews, salary increases, promotions, increased benefits, or continued employment; and
Assault or coerced sexual acts.
In addition, other sexually-oriented conduct, whether it is intended or not, that is unwelcome and has the effect of creating a work environment that is hostile, offensive, intimidating or humiliating to male or female workers also may constitute sexual harassment. While it is not possible to list all those circumstances which DBCo would consider to be sexual harassment, the following are some examples of conduct which, if unwelcome, may constitute sexual harassment depending upon the totality of the circumstances, including the severity and pervasiveness of the conduct:
Use of sexual epithets, jokes, written or oral references to sexual conduct, gossip regarding one’s sex life, comment on an individual’s body or comments about an individual’s sexual activity, deficiencies, or prowess;
Displaying sexually suggestive objects, pictures or cartoons;
Unwelcome leering, whistling, brushing against the body, sexual gestures or suggestive or insulting comments;
Inquiries into one’s sexual experience;
Discussion of one’s sexual activities; and
Offensive comments, jokes, innuendoes and other sexually-oriented statements (including downloading, copying, storing, creating, transmitting or distributing any material that is pornographic, offensive, defamatory, obscene or discriminatory).
DBCo also prohibits harassment on the basis of race, color, national origin, ancestry, religion, sex, sexual orientation, gender identity, age, physical or mental disability, genetic information or any other characteristic protected by law. Such prohibited harassment includes, but is not limited to, the following examples of offensive conduct:
Verbal conduct such as threats, epithets, derogatory comments or slurs;
Visual conduct such as derogatory posters, photographs, cartoons, drawings, or gestures;
Written communications containing statements which may be offensive to individuals in a particular protected group, such as racial or ethnic stereotypes or caricatures; and
Continually treating employees in a protected class differently from others (e.g., singling employees out for harsh treatment or engaging in a campaign of negative treatment toward an employee or group of employees) because of a protected characteristic.
If you believe you have been subjected to sexual or other unlawful harassment or retaliation, you are encouraged to make it clear to that individual that such behavior is offensive to them.
If you believe you have been subjected to sexual or other unlawful harassment or retaliation, or have observed and/or is aware of such treatment of anyone else, you should bring the matter to the attention of your supervisor or to any member of management, either verbally or in writing. Your supervisor and any member of management are available to discuss any concerns you may have and to provide information about this policy and DBCo’s complaint process. Any employee may, and any supervisor who receives a complaint under this policy must notify Travis Lee, Managing Partner immediately.
DBCo takes all allegations of sexual or other unlawful harassment and retaliation seriously, and we will respond promptly and in our discretion to such complaints. DBCo will investigate such complaints as necessary in a manner intended to preserve confidentiality to the extent practicable. Where DBCo determines that inappropriate conduct has occurred, we will act promptly and in our discretion to eliminate the conduct and to impose appropriate disciplinary action, up to and including termination of employment.
If you believe you have been subjected to sexual or other unlawful harassment or retaliation, you are encouraged to notify DBCo so that we have an opportunity to investigate and deal promptly with the complaint. You also may file a formal complaint with either or both of the government agencies set forth below, each of which has a short time period (300 days) for filing a claim. Using DBCo’s internal complaint process does not prohibit you from filing a complaint with a government agency.
The United States Equal Employment Opportunity Commission (“EEOC”)
John F. Kennedy Federal Building
Fourth Floor, Room 475
Boston, MA 02203
The Massachusetts Commission Against Discrimination (“MCAD”)
One Ashburton Place, Room 601
Boston, MA 02108
It is unlawful and against DBCo policy to retaliate against any person who, in good faith, files a complaint of sexual or other unlawful harassment or cooperates in an investigation of such a complaint.
Any employee who DBCo determines has engaged in sexual or other unlawful harassment or retaliation will be subject to disciplinary action. Disciplinary measures may consist of a written warning, suspension, counseling, and reduction in pay, reduction in duties, or termination from employment, depending upon the severity of the offense and other factors as determined by DBCo in our sole discretion.