Sexual Assault and Sexual Harassment
FNC made it clear to every employee and workplace participant that sexual harassment is unacceptable in the workplace. Employers ensure that they have in place a clear sexual harassment policy, which is effectively communicated to each workplace participant and is understood. In addition, appropriate behavior
is modelled by management throughout the workplace.
FNC’s essential elements of a sexual harassment policy
Sexual harassment policy include the following:
• a strong opening statement on the organization’s stance on sexual harassment
• an outline of the organization’s objectives regarding sexual harassment
• a clearly worded definition of sexual harassment
• specific examples of sexual harassment that may be relevant to the particular working environment
• a statement of what is not sexual harassment
• a statement that sexual harassment is against the law
• Examples of places and times where unlawful sexual harassment may happen e.g. in the office, work conferences, work field trips etc.
• the consequences for employees if the policy is breached
• responsibilities of management and staff
• information on where individuals can get help, advice or make a complaint
• a brief summary of the options available for dealing with sexual harassment.
How FNC responds to appropriate remedial action when sexual harassment happens
As part of FNC’s legal responsibility is to deal with sexual harassment, all
employers implement effective and accessible complaint procedures for
employees and other workplace participants. Complaint procedure:
• conveys the message that the organization takes sexual harassment seriously
• prevent escalation of a case and maintain positive workplace relationships
• ensures that complaints are dealt with consistently and in a timely manner
• reduces the likelihood of external agency involvement which can be time consuming, costly and damaging to public image
• alerts an organization to patterns of unacceptable conduct and highlights the need for prevention strategies in particular areas
• reduces the risk of an employer being held liable under the Sex Discrimination Act and other anti-discrimination laws
• help to minimize the harm suffered by the person harassed
• Reduces the risk of the employer being held to have treated the alleged harasser unfairly, such as in an unfair dismissal claim.
How FNC ensure that their complaint procedures:
• are clearly documented
• are explained to all employees
• offer both informal and formal options
• address complaints in a manner which is fair, timely and confidential
• are based on the principles of procedural fairness
• are administered by trained personnel
• provide clear guidance on internal investigation procedures and record keeping
• advise a complainant that they can pursue the matter
• give an undertaking that no employee will be victimized or disadvantaged for making a complaint
• Are regularly reviewed for effectiveness
A person who has experienced sexual harassment will make a written complaint to the FNC’s headquarter. The complaint will be investigated and the Commission will generally endeavor to settle it by conciliation.
The law apply equally to all employees regardless of Position
Every employer, regardless of position, will take all reasonable steps to prevent sexual harassment in the workplace to avoid liability.
FNC prevent sexual harassment in workplace through below points
1. High-level management support
High level support from the chief executive officer and senior management for implementing a comprehensive strategy to address sexual harassment.
2. Write and implement a sexual harassment policy
• FNC develops a written policy which prohibits sexual harassment in consultation with staff and relevant unions.
• Regularly FNC distributes and promote the policy at all levels of the company.
• FNC provides the policy and other relevant information on sexual harassment to new staff as a standard part of induction.
• FNC translates the policy into relevant community languages where required so it is accessible to employees from non-English speaking backgrounds.
• FNC ensures that the policy is accessible to staff members with disability.
• FNC ensures that managers and supervisors discuss and reinforce the policy at staff meetings. Verbal communication of the policy is particularly important in workplaces where the literacy of staff may be an issue.
• FNC reviews its policy to ensure it is operating effectively and contains up to date information.
3. Provide regular training and information on sexual harassment to all staff and management
• FNC conducts regular training sessions for all staff and management on sexual harassment and the company policy. Ensure that the training is specific about the types of behaviors that may amount to sexual harassment.
• FNC trains all line managers on their role in ensuring that the workplace is free from sexual harassment.
• FNC displays anti-sexual harassment posters on notice boards in common work areas and distribute relevant brochures.
4. Encourage appropriate conduct by managers
• FNC line managers understand the need to model appropriate standards of professional conduct at all times.
• Include accountability mechanisms in position descriptions for managers.
• FNC ensures that selection criteria for management positions include the requirement that managers have a demonstrated understanding of and ability to deal with discrimination and harassment issues as part of their overall responsibility for human resources.
• FNC checks that managers are fulfilling their responsibilities through performance appraisal schemes.
5. Create a positive workplace environment
• FNC removes offensive, explicit or pornographic calendars, literature, posters and other materials from the workplace.
• FNC develops a policy prohibiting inappropriate use of computer technology, such as e-mail, screen savers and the Internet.
• FNC periodically conduct workplace audits to monitor the incidence of sexual harassment.
If harassment occurs, an employer will be liable even if management was not aware of the harassment. An employer might avoid liability if the harasser is a non-management employee, the employer had no knowledge of the harassment, and there was a program to prevent harassment. If the harasser is a nonmanagement employee, the employer may avoid liability if the employer takes immediate and appropriate corrective action to stop the harassment once the employer learns about it.
Each and every staff member at FNC has a legal obligation to prevent sexual harassment.
• FNC management will take all reasonable steps to prevent discrimination and harassment from occurring.
• FNC management will help ensure a workplace free from sexual harassment by posting in the workplace a poster made available by the Department of Fair Employment.
• FNC management will help ensure a workplace free from sexual harassment by distributing to employees information on sexual harassment. employer distribute brochure that obtained from the Department of Fair Employment also develop an equivalent document, which will meet the following requirements:
• The illegality of sexual harassment
• The definition of sexual harassment under state and federal laws
• A description of sexual harassment, utilizing examples
• The internal complaint process of the employer available to the employee
• The legal remedies and complaint process available through the
Department and the Fair Employment.
• Directions on how to contact the Department and the Fair Employment
• The protection against retaliation for opposing the practices prohibited by
law or for filing a complaint with.
FNC train all individuals in the workplace
All employees receive from their employers a copy “Sexual Harassment is forbidden by FNC”
All employees will be made aware of the seriousness of violations of the sexual harassment policy. Supervisory personnel will be educated about their specific responsibilities. Rank and file employees will be cautioned against using peer pressure to discourage harassment victims from using the internal grievance procedure.