HARASSMENT POLICY

WIBBEN DETASSELING

 Wibben Detasseling strives to create a safe and inclusive workplace environment. We do not tolerate harassment or discrimination of any kind. If you feel that you have been a victim of harassment or discrimination, please report it immediately. Employees can make reports directly to our HR contact, Lindy Manuel 217-871-6602. 


  

Objective

Wibben Detasseling strives to create and maintain a work environment in which people are treated with dignity, decency and respect. The environment of the company should be characterized by mutual trust and the absence of intimidation, oppression and exploitation. Wibben Detasseling will not tolerate unlawful discrimination or harassment of any kind. Through enforcement of this policy and by education of employees, Wibben Detasseling will seek to prevent, correct and discipline behavior that violates this policy.

All employees, regardless of their positions, are covered by and are expected to comply with this policy and to take appropriate measures to ensure that prohibited conduct does not occur. Appropriate disciplinary action will be taken against any employee who violates this policy. Based on the seriousness of the offense, disciplinary action may include verbal or written reprimand, suspension, or termination of employment.

Managers and supervisors who knowingly allow or tolerate discrimination, harassment or retaliation, including the failure to immediately report such misconduct to human resources (HR), are in violation of this policy and subject to discipline.

Prohibited Conduct Under This Policy

Wibben Detasseling, in compliance with all applicable federal, state and local anti-discrimination and harassment laws and regulations, enforces this policy in accordance with the following definitions and guidelines:

Discrimination

It is a violation of Wibben Detasseling's policy to discriminate in the provision of employment opportunities, benefits or privileges; to create discriminatory work conditions; or to use discriminatory evaluative standards in employment if the basis of that discriminatory treatment is, in whole or in part, the person's race, color, national origin, age, religion, disability status, gender, sexual orientation, gender identity, genetic information or marital status.

Discrimination in violation of this policy will be subject to disciplinary measures up to and including termination.

Harassment

Wibben Detasseling prohibits harassment of any kind, including sexual harassment, and will take appropriate and immediate action in response to complaints or knowledge of violations of this policy. For purposes of this policy, harassment is any verbal or physical conduct designed to threaten, intimidate or coerce an employee, co-worker, or any person working for or on behalf of Wibben Detasseling.

The following examples of harassment are intended to be guidelines and are not exclusive when determining whether there has been a violation of this policy:

  • Verbal      harassment includes comments that are offensive or unwelcome regarding a      person's national origin, race, color, religion, gender, gender identity,      sexual orientation, age, body, disability or appearance, including epithets,      slurs and negative stereotyping.
  • Nonverbal      harassment includes distribution, display or discussion of any written or      graphic material that ridicules, denigrates, insults, belittles or shows      hostility, aversion or disrespect toward an individual or group because of      national origin, race, color, religion, age, gender, gender identity, sexual      orientation, pregnancy, appearance, disability, sexual identity, marital      status or other protected status.

Sexual harassment

Sexual harassment is a form of unlawful employment discrimination under Title VII of the Civil Rights Act of 1964 and is prohibited under Wibben Detasseling's anti-harassment policy. According to the Equal Employment Opportunity Commission (EEOC), sexual harassment is defined as "unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature ... when ... submission to or rejection of such conduct is used as the basis for employment decisions ... or such conduct has the purpose or effect of ... creating an intimidating, hostile or offensive working environment."

Sexual harassment occurs when unsolicited and unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature:

  • Is made      explicitly or implicitly a term or condition of employment.
  • Is used as a      basis for an employment decision.
  • Unreasonably      interferes with an employee's work performance or creates an intimidating,      hostile or otherwise offensive environment.

Sexual harassment may take different forms. The following examples of sexual harassment are intended to be guidelines and are not exclusive when determining whether there has been a violation of this policy:

  • Verbal sexual      harassment includes innuendoes, suggestive comments, jokes of a sexual      nature, sexual propositions, lewd remarks and threats; requests for any      type of sexual favor (this includes repeated, unwelcome requests for      dates); and verbal abuse or "kidding" that is oriented toward a      prohibitive form of harassment, including that which is sexual in nature      and unwelcome.
  • Nonverbal sexual      harassment includes the distribution, display or discussion of any written      or graphic material, including calendars, posters and cartoons that are      sexually suggestive or show hostility toward an individual or group      because of sex; suggestive or insulting sounds; leering; staring;      whistling; obscene gestures; content in letters, notes, facsimiles,      e-mails, photos, text messages, tweets and Internet postings; or other      forms of communication that are sexual in nature and offensive.
  • Physical sexual      harassment includes unwelcome, unwanted physical contact, including      touching, tickling, pinching, patting, brushing up against, hugging,      cornering, kissing, fondling, and forced sexual intercourse or assault.

Courteous, mutually respectful, pleasant, noncoercive interactions between employees that are appropriate in the workplace and acceptable to and welcomed by both parties are not considered to be harassment, including sexual harassment.

Retaliation

No hardship, loss, benefit or penalty may be imposed on an employee in response to:

  • Filing or      responding to a bona fide complaint of discrimination or harassment.
  • Appearing as a      witness in the investigation of a complaint.
  • Serving as an      investigator of a complaint.

Lodging a bona fide complaint will in no way be used against the employee or have an adverse impact on the individual's employment status. However, filing groundless or malicious complaints is an abuse of this policy and will be treated as a violation.

Any person who is found to have violated this aspect of the policy will be subject to discipline up to and including termination of employment.

Confidentiality

All complaints and investigations are treated confidentially to the extent possible, and information is disclosed strictly on a need-to-know basis. The identity of the complainant is usually revealed to the parties involved during the investigation, and the HR director will take adequate steps to ensure that the complainant is protected from retaliation during and after the investigation. All information pertaining to a complaint or investigation under this policy will be maintained in secure files within the HR department.

Complaint procedure

Wibben Detasseling has established the following procedure for lodging a complaint of harassment, discrimination or retaliation. The company will treat all aspects of the procedure confidentially to the extent reasonably possible.

  1. Complaints      should be submitted as soon as possible after an incident has occurred,      preferably in writing. The HR director may assist the complainant in completing a written statement or, in the event an employee refuses to      provide information in writing, the HR director will dictate the verbal      complaint.
  2. Upon receiving a      complaint or being advised by a supervisor or manager that violation of      this policy may be occurring, the HR director will notify senior      management and review the complaint with the company's legal counsel, if      necessary.
  3. The HR director      will initiate an investigation to determine whether there is a reasonable      basis for believing that the alleged violation of this policy occurred.
  4. If necessary,      the complainant and the respondent will be separated during the course of      the investigation, either through internal transfer or administrative      leave.
  5. During the      investigation, the HR director, together with legal counsel or other      management employees, will interview the complainant, the respondent and any      witnesses to determine whether the alleged conduct occurred.
  6. Upon conclusion      of an investigation, the HR director or other person conducting the      investigation will submit a written report of his or her findings to the      company. If it is determined that a violation of this policy has occurred,      the HR director will recommend appropriate disciplinary action. The      appropriate action will depend on the following factors:

a) the severity, frequency and pervasiveness of the conduct;

b) prior complaints made by the complainant;

c) prior complaints made against the respondent; and

d) the quality of the evidence (e.g., firsthand knowledge, credible corroboration).

If the investigation is inconclusive or if it is determined that there has been no violation of policy but potentially problematic conduct may have occurred, the HR director may recommend appropriate preventive action.

  1. Senior      management will review the investigative report and any statements      submitted by the complainant or respondent, discuss results of the      investigation with the HR director and other management staff as      appropriate, and decide what action, if any, will be taken.
  2. Once a final      decision is made by senior management, the HR director will meet with the      complainant and the respondent separately and notify them of the findings      of the investigation. If disciplinary action is to be taken, the      respondent will be informed of the nature of the discipline and how it      will be executed.

Alternative legal remedies

Nothing in this policy may prevent the complainant or the respondent from pursuing formal legal remedies or resolution through local, state or federal agencies or the courts.

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