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ANTI-HARASSMENT POLICY (NY)

All Unlawful Harassment Prohibited

[RIGHT START DEVELOPMENT, LLC] is committed to maintaining a workplace free of unlawful harassment. [RIGHT START DEVELOPMENT, LLC] strictly prohibits and does not tolerate unlawful harassment against employees, interns, whether paid or unpaid, independent contractors, or any other covered persons because of race, color, religion, creed, national origin, ancestry, sex, gender, gender identity or expression (including status as a transgender individual), age, sexual orientation (including actual or perceived heterosexuality, homosexuality, bisexuality, and asexuality), physical or mental disability (including gender dysphoria and similar gender-related conditions), citizenship, genetic information or predisposing genetic characteristics, marital status, familial status, domestic violence victim status, military status, including past, current, or prospective service in the uniformed services, [OTHER PROTECTED CLASSES RECOGNIZED BY APPLICABLE NEW YORK OR LOCAL LAW,] or any other characteristic protected under applicable federal, New York, or local law.

Sexual Harassment

All [RIGHT START DEVELOPMENT, LLC] employees, other workers, and their employees and representatives (including [vendors/patients/customers/subscribers/clients] and visitors) are prohibited from harassing employees, interns, independent contractors, and other covered persons based on that individual's sex (including pregnancy), gender, sexual orientation (including actual or perceived heterosexuality, homosexuality, bisexuality, and asexuality), sexual identity, or transgender status and regardless of the harasser's sex or gender.

Sexual harassment means any harassment based on someone's sex, gender, sexual orientation (including actual or perceived heterosexuality, homosexuality, bisexuality, and asexuality), sexual identity or transgender status. Sexual harassment can occur between any individuals, regardless of their sex or gender. Sexual harassment is considered a form of employee misconduct. Appropriate disciplinary action will be taken against individuals engaging in sexual harassment and against supervisory and managerial personnel who knowingly allow such behavior to continue.

[RIGHT START DEVELOPMENT, LLC] prohibits retaliation against individuals who complain of sexual harassment or who testify or assist in any proceeding under the law. Any such retaliation is unlawful. No one will be subject to, and [RIGHT START DEVELOPMENT, LLC] prohibits, any form of discipline, reprisal, intimidation, or retaliation for good faith reporting of incidents of sexual harassment of any kind, pursuing any sexual harassment claim, or assisting or cooperating in related investigations or other proceedings. [For more information on [RIGHT START DEVELOPMENT, LLC]'s policy prohibiting retaliation, please refer to [RIGHT START DEVELOPMENT, LLC]'s Anti-Retaliation Policy or contact the [DEPARTMENT NAME] Department.]

Sexual harassment is unlawful when it subjects an individual to inferior terms, conditions, or privileges of employment. Harassment need not be severe or pervasive to be unlawful. It can be any harassing conduct that consists of more than petty slights or trivial inconveniences. Sexual harassment includes harassment that is not sexual in nature (for example, offensive remarks about an individual's sex or gender), as well as any unwelcome sexual advances or requests for sexual favors or any other conduct of a sexual nature, when any of the following is true:

· Submission to or rejection of the advance, request, or conduct is:

· made either explicitly or implicitly a term or condition of employment; or

· used as a basis for employment decisions.

· The advances, requests, or conduct have the purpose or effect of substantially or unreasonably interfering with an employee's work performance by creating an intimidating, hostile, or offensive work environment, even if the complaining individual is not the intended target of the harassment.

[RIGHT START DEVELOPMENT, LLC] will not tolerate any form of sexual [or other] harassment, regardless of whether it is:

· Verbal (for example, epithets, derogatory statements, slurs, sexually-related comments, gestures, noises, or jokes, unwelcome sexual advances, or requests for sexual favors).

· Physical (for example, assault, groping, kissing, hugging, pinching, patting, or other inappropriate physical contact).

· Visual (for example, displaying sexually suggestive posters, cartoons, or drawings, sending inappropriate adult-themed gifts, or leering or making sexual gestures).

· Online (for example, derogatory statements or sexually suggestive postings in any social media platform including Facebook, Twitter, Instagram, Snapchat, etc.).

The above list is illustrative only, and not exhaustive. No form of sexual harassment will be tolerated.

Sexual harassment and all other forms of harassment are prohibited both at the workplace and at employer-sponsored events.

Sexual Harassment Complaint Procedure

Any employee, intern, independent contractor, or non-employee who has been subjected to behavior that may constitute sexual harassment, or witnesses behavior that may constitute sexual harassment, is encouraged to promptly speak to, write, email, or otherwise contact your direct supervisor or, if the conduct involves your direct supervisor, the [next level above your direct supervisor/[DEPARTMENT NAME] Department], ideally within [ten (10)/[NUMBER]] days of the offending conduct.

If you have not received a satisfactory response within [five (5)/[NUMBER]] days after reporting any incident of what you perceive to be harassment, please immediately contact [[POSITION]/[DEPARTMENT NAME] Department]. [This individual/These individuals] will ensure that a prompt investigation is conducted.

Complaints or reports of sexual harassment may be made verbally or in writing. To submit a written complaint of sexual harassment, employees are encouraged to use the attached Complaint Form. Employees who are reporting sexual harassment on behalf of other employees should use the Complaint Form and note that it is on another employee's behalf. The complaint should be as detailed as possible, including the names of all individuals involved and any witnesses.

[RIGHT START DEVELOPMENT, LLC] is committed to enforcing this policy against all forms of harassment, including sexual harassment. However, the effectiveness of our efforts depends largely on employees telling us about inappropriate workplace conduct. If employees feel that they or someone else may have been subjected to conduct that violates this policy, they should report it immediately. If employees do not report sexually harassing or other harassing conduct, [RIGHT START DEVELOPMENT, LLC] may not become aware of a possible violation of this policy and may not be able to take appropriate corrective action.

Investigation of Sexual Harassment

[RIGHT START DEVELOPMENT, LLC] takes all complaints of harassment seriously. [RIGHT START DEVELOPMENT, LLC] will promptly and thoroughly investigate the facts and circumstances of all complaints of sexual and other harassment, whether the complaint was made verbally or in writing.

Any employee may be required to cooperate as needed in an investigation of suspected sexual or other harassment.

While the investigation process may vary from case to case, [RIGHT START DEVELOPMENT, LLC] generally conducts an investigation as follows:

[INSERT SPECIFIC STEPS OF INVESTIGATIVE PROCESS. THIS MAY INCLUDE STEPS OR LANGUAGE FROM NEW YORK MODEL SEXUAL HARASSMENT POLICY.]

All persons involved, including complainants, witnesses, and alleged harassers, will be accorded due process to protect their rights to a fair and impartial investigation. The investigation will be kept confidential to the greatest extent possible, consistent with conducting a thorough and fair investigation.

[RIGHT START DEVELOPMENT, LLC] will take prompt corrective action as appropriate to eliminate sexual and other harassment, including disciplinary measures up to and including termination of employment.

Alternative Reporting and Remedies

[RIGHT START DEVELOPMENT, LLC] encourages employees to report incidents of sexual harassment internally. However, employees who believe they have been subjected to sexual harassment in the workplace also may seek relief by:

· Filing a complaint alleging violation of the NYSHRL either with the Division of Human Rights (NYSDHR) or in New York State Supreme Court. NYSDHR's main office contact information is: NYS Division of Human Rights, One Fordham Plaza, Fourth Floor, Bronx, New York 10458. You may call (718) 741-8400 or visit: http://www.dhr.ny.govOpens in a new window. You can also contact NYSDHR at (888) 392-3644 or visit http://www.dhr.ny.gov/complaintOpens in a new window for more information about filing a complaint.

· Filing a "Charge of Discrimination" with the Equal Employment Opportunity Commission (EEOC) for violation of federal anti-discrimination laws, including Title VII of the Civil Rights Act of 1964 (Title VII). Employees can contact the EEOC by calling 1-800-669-4000 (TTY: 1-800-669-6820), visiting their website at http://www.eeoc.govOpens in a new window, or by email at info@eeoc.gov.

Local jurisdictions may have additional protections against sexual harassment and discrimination. Employees can contact the county, city or town in which they live to find out if such a law exists.

[For example, employees who work in New York City may file complaints of sexual harassment with the New York City Commission on Human Rights. Contact their main office at Law Enforcement Bureau of the NYC Commission on Human Rights, 40 Rector Street, 10th Floor, New York, New York; call 311 or (212) 306-7450; or visit www.nyc.gov/html/cchr/html/home/home.shtmlOpens in a new window.]

[If the harassment involves criminal activity, employees should contact the local police department.]

Other Types of Harassment

[RIGHT START DEVELOPMENT, LLC]'s anti-harassment policy applies equally to harassment based on an employee's race, color, religion, creed, national origin, ancestry, age, physical or mental disability, citizenship, genetic information or predisposing genetic characteristics, marital status, familial status, domestic violence victim status, actual or perceived sexual orientation, military status, including past, present, or prospective service in the uniformed services, [OTHER PROTECTED CLASSES RECOGNIZED BY APPLICABLE LOCAL LAW,] or any other characteristic protected under applicable federal, state, or local law.

Such harassment often takes a similar form to sexual harassment and includes harassment that is:

· Verbal (for example, epithets, derogatory statements, slurs, derogatory comments, or jokes).

· Physical (for example, assault or other inappropriate physical contact).

· Visual (for example, displaying derogatory posters, cartoons, or drawings, or making derogatory gestures).

· Online (for example, derogatory statements or suggestive postings in any social media platform including Facebook, Twitter, Instagram, Snapchat, etc.).

This list is illustrative only, and not exhaustive. No form of harassment will be tolerated.

Harassment is prohibited both at the workplace and at employer-sponsored events.

Harassment Complaint Procedure

If you are subjected to any conduct that you believe violates this policy or witness any such conduct, you must promptly speak to, write, email, or otherwise contact your direct supervisor or, if the conduct involves your direct supervisor, the [next level above your direct supervisor/[DEPARTMENT NAME] Department], ideally within [ten (10)/[NUMBER]] days of the offending conduct. If you have not received a satisfactory response within [five (5)/[NUMBER]] days after reporting any incident of what you perceive to be harassment, please immediately contact [[POSITION]/[DEPARTMENT NAME] Department]. [This individual/These individuals] will ensure that a prompt investigation is conducted. [Although not mandatory, the [attached] Complaint Form is available at [LOCATION] to make your complaint if you wish to use it.]

Your complaint should be as detailed as possible, including the names of all individuals involved and any witnesses. [RIGHT START DEVELOPMENT, LLC] will directly and thoroughly investigate the facts and circumstances of all claims of perceived harassment and will take prompt corrective action, if appropriate.

Additionally, any manager or supervisor who observes harassing conduct must report the conduct to [[POSITION]/[DEPARTMENT NAME] Department] so that an investigation can be made and corrective action taken, if appropriate.

No Retaliation

Retaliation against employees, interns, independent contractors, or any other covered individual who in good faith file complaints, or truthfully participate in or assist with an investigation or proceeding involving sexual or other harassment, is unlawful. [RIGHT START DEVELOPMENT, LLC] prohibits retaliation against individuals who complain of sexual or other harassment or who testify or assist in any proceeding under the law. Any such retaliation is unlawful. No one will be subject to, and [RIGHT START DEVELOPMENT, LLC] prohibits, any form of discipline, reprisal, intimidation, or retaliation for good faith reporting of incidents of sexual harassment or harassment of any kind, pursuing any sexual or other harassment claim, or assisting another individual to report sexual harassment or other harassment, or cooperating in related investigations or other proceedings. [For more information on [RIGHT START DEVELOPMENT, LLC]'s policy prohibiting retaliation, please refer to [RIGHT START DEVELOPMENT, LLC]'s Anti-Retaliation Policy or contact the [DEPARTMENT NAME] Department.]

Responsibilities of Supervisors and Managers

[RIGHT START DEVELOPMENT, LLC] is committed to enforcing this policy against all forms of harassment.

All supervisors and managers who receive a complaint or information about suspected sexual harassment or other harassment, observe what may be sexually harassing behavior or other harassing behavior, or for any reason suspect that sexual harassment or other harassment is occurring, are required to report such suspected sexual harassment or other harassment to [DEPARTMENT NAME].

In addition to being subject to discipline if they engaged in sexually harassing conduct or other harassing conduct themselves, supervisors and managers will be subject to discipline for failing to report suspected sexual harassment or other harassment, or otherwise knowingly allowing sexual harassment or other harassment to continue.

Supervisors and managers will also be subject to discipline for engaging in any retaliation.

Violations of This Policy

If [[POSITION]/[DEPARTMENT NAME] Department] determines any employee, regardless of position or title, has subjected an individual to harassment or retaliation in violation of this policy, or has knowingly allowed such behavior to continue, they will be subject to discipline, up to and including termination of employment.

Administration of This Policy

The [DEPARTMENT NAME] Department is responsible for the administration of this policy. If you have any questions regarding this policy or questions about harassment that are not addressed in this policy, please contact the [DEPARTMENT NAME] Department.

[Employees Covered Under a Collective Bargaining Agreement

The employment terms set out in this policy work in conjunction with, and do not replace, amend, or supplement any terms or conditions of employment stated in any collective bargaining agreement that a union has with [RIGHT START DEVELOPMENT, LLC]. [Employees should consult the terms of their collective bargaining agreement/Wherever employment terms in this policy differ from the terms expressed in the applicable collective bargaining agreement with [RIGHT START DEVELOPMENT, LLC], employees should refer to the specific terms of the collective bargaining agreement, which will control].]

[Conduct Not Prohibited by This Policy

[This policy is not intended to preclude or dissuade employees from engaging in [legally protected activities/activities protected by state or federal law, including the National Labor Relations Act] such as discussing wages, benefits, or terms and conditions of employment[, forming, joining, or supporting labor unions] [, bargaining collectively through representatives of their choosing] [, raising complaints about working conditions for their and their fellow employees' mutual aid or protection], or legally required activities.