Verified
Harassment, Discrimination and Retaliation Prevention Policy
Prohibition of Discrimination
It is Filmhub’s (“the Company’s”) policy to provide equal employment opportunity for all applicants and employees. The Company does not unlawfully discriminate on the basis of race, color, religion, sex (including pregnancy, childbirth, or related medical conditions), gender identity, gender expression, national origin, ancestry, citizenship, age, physical or mental disability, legally protected medical condition, family care status, military or veteran status, marital status, domestic partner status, sexual orientation, genetic information, or any other basis protected by local, state, or federal laws. When necessary, the Company also makes reasonable accommodations for: (a) disabled employees; (b) pregnant employees who request an accommodation for pregnancy, childbirth, or related medical conditions; and, (c) religious observances and practices.
This policy applies to all areas of employment including recruitment, hiring, training, promotion, compensation, benefits, transfer, disciplinary action, and social and recreational programs. The law prohibits managers, employees and third parties that an employee comes into contact with, from engaging in conduct that is prohibited by law (including, but not limited to, all forms of discrimination, harassment, and retaliation specified in this policy). It is the responsibility of every manager and employee to conscientiously follow this policy. Any employee having any questions regarding this policy should discuss them with Human Resources.
Prohibition of Harassment
The Company is committed to providing a workplace free of sexual harassment (which includes harassment based on sex, gender, pregnancy, childbirth, or related medical conditions), as well as harassment based on such factors as race, color, religious creed, national origin, ancestry, age, physical disability, mental disability, medical condition, marital status, sexual orientation, gender identity, gender expression, genetic information, family care or medical leave status, military or veteran status, or any other basis protected by federal or state laws. The Company strongly disapproves of and will not tolerate harassment of employees by managers, supervisors, or co-workers. Similarly, the Company will not tolerate harassment by its employees or non-employees with whom the Company employees have a business, service, or professional relationship. The Company also will attempt to protect employees from harassment by non-employees in the workplace whom employees come into contact with during their employment.
- Harassment Defined
Harassment includes verbal, physical, and visual conduct that creates an intimidating, offensive or hostile working environment or that interferes with an employee’s work performance. Under California law, such conduct constitutes harassment when (1) submission to the conduct is made either an explicit or implicit condition of employment; (2) submission or rejection of the conduct is used as the basis for an employment decision; or (3) the conduct sufficiently offends, humiliates, distresses, or intrudes upon its victim, so as to disrupt the victim’s emotional tranquility in the workplace, affect the victim’s ability to perform the job as usual (i.e., makes it more difficult to do the job), or otherwise interfere with and undermine the victim’s personal sense of well-being. Under federal law, such conduct constitutes harassment when it (1) results in a tangible job detriment, or (2) is severe or pervasive.
b. Examples of Harassment
Harassing conduct can take many forms and may include, but is not limited to, the following: slurs, jokes, statements, gestures, assault, impeding or blocking another’s movement or otherwise physically interfering with normal work, pictures, drawings, or cartoons, based upon an employee's sex, race, color, national origin, religion, age, physical disability, mental disability, medical condition, ancestry, marital status, sexual orientation, family care or medical leave status, veteran status, or any other basis protected by federal or state laws.
Sexually harassing conduct, in particular, may include the same or similar types of conduct, as well as other unwelcome conduct, such as requests for sexual favors, conversation containing sexual comments, and other unwelcome sexual advances. Sexually harassing conduct can be by a person of either the same or opposite sex.
Prohibition of Retaliation
Under Company policy and the law, employees shall not be subject to retaliation as a result of:
- lodging a complaint or participating in any workplace investigation under this policy;
- opposing any unlawful employment practice;
- filing a complaint, testifying, or assisting in any proceeding under a federal, state, or local employment law; and/or,
- requesting, taking, or refusing to accept an accommodation (including, but not limited to, a leave of absence) for:
- physical or mental disability
- pregnancy, childbirth, or related medical conditions; and/or
- religious observation or practice.
The Company will not tolerate any form of prohibited retaliation.
Reporting And Investigating Harassment, Discrimination & Retaliation
The Company understands that victims of harassment, discrimination, or retaliation are often embarrassed and reluctant to report such prohibited acts for fear of being blamed, concern about being retaliated against, or because it is difficult to discuss such matters openly with others. However, no employee should have to endure such prohibited conduct, and the Company, therefore, encourages employees to promptly report any incidents so that corrective action may be taken. Any incidents of prohibited conduct should be reported directly to @Untitled, which is generally responsible for investigating complaints of misconduct under this policy. An employee is not required to complain to @Untitled if that person is the individual who is engaging in prohibited conduct, but may instead report the matter to his or her immediate supervisor or any other member of management. Supervisors and managers who receive complaints or who observe prohibited conduct must immediately inform @Untitled or another appropriate company official so that an investigation may be initiated, and the Company can try to resolve the claim internally.
Every reported complaint will be investigated thoroughly and promptly. Qualified personnel will conduct the investigation in a fair, timely, thorough, and impartial manner that will provide all parties with appropriate due process. Typically, the investigation will include the following steps: an interview of the employee who lodged the complaint to obtain complete details regarding the alleged misconduct; interviews of anyone who is alleged to have engaged in misconduct to respond to the claims; and interview of any employees who may have witnessed, or who may have knowledge of, the alleged misconduct. The investigation will be documented and tracked for reasonable progress. The investigation will be handled in as confidential a manner as possible consistent with a full, fair, and proper investigation.
Reasonable conclusions will be reached based upon the evidence collected from the investigation. The company official responsible for the investigation, will notify the employee who lodged the complaint of the results of the investigation in a timely manner. If harassment, discrimination, or retaliation is established, the Company will take appropriate corrective action to remedy and resolve the matter. Such action may include, for example: training, referral to counseling, or disciplinary action ranging from a verbal or written warning to termination of employment, depending on the circumstances. With regard to misconduct by customers or vendors, corrective action will be taken after consultation with the appropriate management personnel, which may include requiring the customer/vendor to take corrective action, and/or terminating the customer/vendor relationship. The Company will consider remedial actions/resolutions suggested by an employee who was subjected to misconduct.
In addition to notifying the Company about harassment, discrimination, or retaliation complaints, affected California employees may also direct their complaints to the California Department of Fair Employment and Housing (“DFEH”), which has the authority to conduct investigations of the facts. The deadline for filing complaints with the DFEH is one year from the date of the alleged unlawful conduct. If the DFEH believes that a complaint is valid and settlement efforts fail, the DFEH may file a lawsuit in court. Courts have the authority to award monetary and non-monetary relief in meritorious cases. Employees can contact the nearest DFEH office by checking the State Government listings in the local telephone directory or on the agency’s website at http://www.dfeh.ca.gov/.
In addition, employees may lodge complaints with the federal Equal Employment Opportunity Commission (“EEOC”).