Equal Opportunity and Anti-Harassment Policy

It is the policy of the Foundation to provide equal employment opportunities, and to administer its personnel practices and maintain an environment free of discrimination or harassment on the basis of actual or perceived race, color, national origin, religion, sex (including pregnancy, childbirth, breast feeding, and related medical conditions), sexual and reproductive health decision-making (including but not limited to decisions to use or access a particular drug, device, or medical service), age, actual or perceived physical or mental disability, genetic information, marital status, sexual orientation, gender (including gender identity or expression and/or the status of being transgender), military or veteran status, citizenship status, status as a victim of domestic violence, stalking, or sex offense, caregiver status, arrest or conviction record, credit history, unemployment status, or any other unlawful criterion or circumstance. The Foundation prohibits and will not tolerate any such discrimination or harassment or retaliation in response to good faith reports or the provision of information about such discrimination or harassment.  

In general

As part of this policy, the Foundation prohibits conduct that constitutes or could lead or contribute to harassment because of an individual’s Protected Characteristic(s). When taken against an individual because of that individual’s Protected Characteristic(s), examples of such conduct include, but are not limited to:

Harassment does not require intent to offend. Thus, inappropriate conduct or language meant as a joke, a prank, or even a compliment can lead or contribute to harassment.

Sexual harassment

Sexual harassment is a specific type of discriminatory harassment and is unlawful under federal, state, and where applicable, local law. Sexual harassment is also misconduct and will not be tolerated. Covered persons are urged to report sexual harassment using the Complaint Procedures provided below. Sexual harassment includes harassment on the basis of sex, sexual orientation, self-identified or perceived sex, gender expression, gender identity, and the state of being transgender. Sexual harassment is not limited to sexual contact, touching, or expressions of a sexually suggestive nature. Sexual harassment includes all forms of gender discrimination including gender role stereotyping and treating covered persons differently because of their gender. Understanding gender diversity is essential to recognizing sexual harassment because discrimination based on sex stereotypes, gender expression and perceived identity are all forms of sexual harassment. The gender spectrum is nuanced, but the three most common ways people identify are cisgender, transgender, and non-binary. A cisgender person is someone whose gender aligns with the sex they were assigned at birth. Generally, this gender will align with the binary of male or female. A transgender person is someone whose gender is different than the sex they were assigned at birth. A non-binary person does not identify exclusively as a man or a woman. They might identify as both, somewhere in between, or completely outside the gender binary. Some may identify as transgender, but not all do. Respecting an individual’s gender identity is a necessary first step in establishing a safe workplace.

All of the Foundation’s policies concerning sexual harassment apply to all covered persons, regardless of immigration status. Harassers can be a superior, a subordinate, a coworker, a trustee, or anyone in the workplace including an independent contractor, contract worker, vendor, grantee, or visitor. Any covered person who engages in sexual harassment or retaliation will be subject to remedial and/or disciplinary action, up to and including termination. Any manager or supervisor who engages in sexual harassment or retaliation or who knowingly allows sexual harassment or retaliatory conduct to continue will also be subject to remedial and/or disciplinary action, up to and including termination.

Sexual harassment can occur between any individual, regardless of sex or gender, and does not have to be between members of the opposite sex or gender. Any harassing conduct, even a single incident, can be addressed under this policy. Harassment does not need to be severe or pervasive in order to be violative of this policy or New York law. Covered persons should not feel discouraged from reporting harassment because they do not believe it is bad enough, or conversely because they do not want to see a colleague terminated over less severe behavior. Just as harassment can happen in different degrees, potential discipline for engaging in sexual harassment will depend on the degree of harassment and might include education and counseling. It may lead to suspension or termination when appropriate.

There are two main types of sexual harassment:

Behavior that may constitute sexual harassment includes, but is not limited to:

The list above is not intended to be all inclusive. Covered persons should also keep in mind that prohibited harassment is not limited to the physical workspace itself. Care should be taken in informal business situations, including work and industry-related parties, functions, and business trips to ensure that this policy is strictly followed. Calls, text messages, emails, and social media usage by covered persons can constitute unlawful workplace harassment, even if they occur away from the workplace premises or outside of normal business hours.

Sexual harassment can occur when covered persons are working remotely from home as well. Any prohibited behaviors outlined above that leave a covered person feeling uncomfortable, humiliated, or unable to meet their job requirements constitute harassment even if the covered person is at home when the harassment occurs. Harassment can happen on virtual meeting platforms, in messaging apps, and after working hours between personal cell phones.

Preventing sexual harassment is everyone’s responsibility. The Foundation cannot prevent or remedy sexual harassment unless it knows about it. Any covered person who has been subjected to behavior that may constitute sexual harassment is encouraged to report such behavior using the Complaint Procedures described below. Anyone who witnesses or becomes aware of potential instances of sexual harassment should report such behavior using the Complaint Procedures below. All complaints or information about sexual harassment will be investigated, whether that information is reported orally or in writing. Investigations will be conducted in a timely, fair and impartial manner, and will be confidential to the extent practicable, using the procedures set forth below.

Supervisors

Additional rules apply to individuals with supervisory authority at the Foundation. No one with a supervisory role may at any time: (1) threaten or imply that an individual’s submission to or rejection of a sexual advance, or harassment or discrimination based on any other protected category, will in any way influence any decision regarding that individual’s employment or engagement, performance evaluation, advancement, compensation, assignments, discipline, discharge, or any other term or condition of employment or engagement; or (2) make any employment or engagement decision concerning an individual on any discriminatory basis. All managers and supervisors who receive a complaint or information about suspected sexual harassment or any other violation of this policy, observe what may be sexually harassing or other discriminatory harassing behavior or for any reasons suspect that sexual harassment or any other discriminatory harassment is occurring, are required to report any complaint that they receive, or any harassment or other violation of this policy that they observe, using the Complaint Procedures described below.

In addition to being subject to discipline for engaging in sexually harassing or other discriminatory harassing conduct themselves, supervisors and managers will be subject to discipline for failing to report sexual harassment or other discriminatory harassment, or otherwise knowingly allowing sexual harassment or other discriminatory harassment, to continue. Supervisors and managers will also be subject to discipline for engaging in any retaliation.

While supervisors and managers have a responsibility to report harassment and discrimination, supervisors and managers must be mindful of the impact that harassment and a subsequent investigation can have on victims. Being identified as a possible victim of harassment and questioned about harassment and discrimination can be intimidating, uncomfortable, and re-traumatizing for individuals. Supervisors and managers must accommodate the needs of covered persons who have experienced harassment to ensure the workplace is safe, supportive, and free from retaliation for them during and after any investigation.

Bystander Intervention

Anyone witnessing harassment as a bystander is encouraged to report it. A supervisor or manager that is a bystander to harassment is required to report it. There are five standard methods of bystander intervention that can be used when anyone witnesses harassment or discrimination and wants to help.

Though not exhaustive, and dependent on the circumstances, the guidelines above can serve as a brief guide of how to react when witnessing harassment in the workplace. Any covered person witnessing harassment as a bystander is encouraged to report it. A supervisor or manager that is a bystander to harassment is required to report it.

The Foundation strongly urges the reporting of all perceived incidents of discrimination, harassment, or retaliation, regardless of the identity or position of the perceived offender and including when the offender is not employed at the Foundation (for example, a vendor or consultant). Individuals who believe they have experienced, or who are aware of, conduct that they believe is contrary to this policy, or who have any concerns about such matters, have a number of options for reporting those concerns:

Reports of harassment, discrimination or retaliation may be made verbally or in writing. A complaint form is attached to this policy, which may also be used to report harassment that an individual witnesses or experiences in the workplace.

The Foundation strongly urges the prompt reporting of complaints or concerns so that prompt and constructive action can be taken. Individuals who believe they have been subjected to sexual harassment may also seek assistance in other available forums, as explained below.

The availability of this complaint procedure does not preclude individuals who believe they are being subjected to harassing conduct from promptly advising the offender that their behavior is unwelcome and requesting that it be discontinued.

Appropriate disciplinary action will also be taken against any covered person who knowingly and willfully makes a false allegation concerning an alleged violation of this policy.

Any reported allegations of harassment, discrimination, or retaliation will be investigated appropriately, impartially, and promptly. The investigation will be commenced as soon as practicable under the circumstances. The investigation will vary from case to case, but may include collection and review of relevant documents (including emails and phone records), individual interviews with the parties involved and, where necessary, interviews with individuals who may have observed the alleged conduct or may have other relevant knowledge. While the investigation is ongoing, the Foundation may take interim action to address circumstances, as appropriate. Upon conclusion of the investigation, as appropriate, the individual(s) who reported and the individual(s) about whom the complaint was made will be notified of the conclusion of the investigation.

Confidentiality will be maintained throughout the investigatory process to the extent consistent with adequate investigation and appropriate corrective action. All covered persons are expected to cooperate fully in such investigations.

Misconduct in violation of this policy, including harassment, discrimination, or retaliation, will be dealt with appropriately to resolve prohibited conduct and to curb the likelihood of recurrence of such conduct in the future. Responsive actions will entail those actions that the Foundation believes to be appropriate under the circumstances. This may include, for example, training, referral to counseling, and/or disciplinary action, such as a warning or reprimand, withholding of a promotion or pay increase, reassignment, a temporary suspension without pay, or termination. In the case of violations of this policy by someone outside of the Foundation, the Foundation will take appropriate action to safeguard those covered persons affected by such misconduct. Individuals who violated this policy may also be subject to personal legal and financial liability under applicable law.

Retaliation is unlawful and is any action by an employer or supervisor that punishes an individual upon learning of a harassment claim, that seeks to discourage covered person from making a formal complaint or supporting a sexual harassment or discrimination claim, or that punishes those who have come forward. These actions need not be job-related or occur in the workplace to constitute unlawful retaliation. For example, threats of physical violence outside of work hours or disparaging someone on social media would be covered as retaliation under this policy. Examples of conduct that may constitute retaliation if motivated by a retaliatory purpose may include, but are not limited to:

Threats or acts of retaliation against individuals who report inappropriate conduct pursuant to this policy or provide information in connection with a report by another individual will not be tolerated. In the event you believe that you have been retaliated against for such action, you should use the above procedures to report the pertinent facts promptly. The Foundation will investigate and take appropriate action in the manner described above.

In accordance with applicable law, this policy against retaliation includes a prohibition on retaliating against anyone who, in good faith complains (or encourages another to complain), testifies about, opposes, or provides information about suspected sexual harassment or discrimination based on any Protected Characteristic (a “protected activity”), including sexual and reproductive health decisions and decision making. No covered person shall be subject to adverse employment action—including the actions listed above—because they engaged in good faith in a protected activity. Any covered person who retaliates against anyone for engaging in a protected activity will be subjected to disciplinary action, up to and including termination. These protections extend to those who engage in a protected activity in good faith, even if their complaints are not substantiated or do not rise to the level of a policy violation. However, as stated above, covered persons may be subject to disciplinary action for making intentionally false statements in connection with allegations of discrimination. All covered persons who believe they have been subject to retaliation in violation of this policy should report their concern using the Complaint Procedures described above.

New York labor law and the Foundation prohibit discrimination based on an employee’s or a dependent of an employee's reproductive health decision-making, which includes, but is not limited to, decisions to use or access a particular drug, device, or medical service. In addition, New York labor law and the Foundation prohibit requiring any employee to sign a waiver or other document denying the employee the right to make their own reproductive health decisions. Also, employees are prohibited from accessing another employee’s personal information regarding the employee’s or a dependent of the employee’s reproductive health decision-making without the employee's prior informed written consent.

Any questions regarding the interpretation of this Policy, or clarification of your rights, should be directed to Human Resources.

In accordance with the requirements of New York state law, the Foundation is providing the additional information below regarding laws and legal remedies relating to sexual harassment and sexual and reproductive health decisions or decision making, as applicable:

Sexual harassment and discrimination or retaliatory acts against a covered person on the basis of sexual and reproductive health decisions or decision making are not only prohibited by the Foundation but are also prohibited by applicable law. Aside from the internal process at the Foundation, (i) for discrimination or retaliatory acts based on sexual and reproductive health decisions or decision making, covered persons may also choose whether or not to pursue legal remedies in court under the Labor Law and (ii) for sexual harassment, covered persons may choose whether or not to pursue legal remedies with the following governmental entities at any time.