EQUAL OPPORTUNITY – NON-DISCRIMINATION POLICY

Last Updated: November 2022

The José Valdés Math Foundation (JVMF) shall follow the spirit and intent of all federal, state and local employment law and is committed to equal employment opportunity. To that end, the Board of Directors and the Executive Director of JVMF shall not enable the organization to discriminate against any employee or applicant in a manner that violates the law or these policies. JVMF is committed to providing equal opportunity for all employees and applicants without regard to race, color, religion, creed, national origin, ancestry, genetic information, sex, age, marital status, sexual orientation, gender (including pregnancy and related conditions) gender identity, gender expression, mental and physical disability, medical condition, military or veteran status, or any other characteristic protected under federal, state or local law. Each person is evaluated on the basis of their skill and merit. JVMF’s policy regarding equal employment opportunity applies to all aspects of employment, including recruitment, hiring, job assignments, promotions, working conditions, scheduling, benefits, wage and salary administration, disciplinary action, termination, and social, educational and recreational programs. The Executive Director shall act as the responsible agent in the full implementation of the Equal Employment Opportunity policy.

JVMF will not tolerate any form of unlawful discrimination. All employees are expected to cooperate fully in implementing this policy. In particular, any employee who believes that any other employee of JVMF may have violated the Equal Employment Opportunity Policy must report the possible violation to the Executive Director.

If JVMF determines that a violation of this policy has occurred, it will take appropriate disciplinary action against the offending party, which can include counseling, warnings, suspensions, and/or termination. Employees who report, in good faith, violations of this policy and employees who cooperate with investigations into alleged violations of this policy will not be subject to retaliation. Upon completion of the investigation, JVMF will inform the employee who made the complaint of the outcome of the investigation, however, may not be able to disclose specific details of the investigation in compliance with confidentiality policies and any applicable legal requirements.

JVMF is also committed to complying fully with applicable disability discrimination laws, and ensuring that equal opportunity in employment exists at JVMF for qualified persons with disabilities. All employment practices and activities are conducted on a non‐discriminatory basis. Reasonable accommodations will be available to all qualified disabled employees, upon request, so long as the potential accommodation does not create an undue hardship on JVMF. Employees who believe that they may require an accommodation should discuss these needs with the Executive Director.

If you have any questions regarding this policy, please contact the Executive Director.


POLICY AGAINST WORKPLACE HARASSMENT

JVMF is committed to providing a work environment for all employees that is free from sexual harassment and other types of discriminatory harassment. Employees are expected to conduct themselves in a professional manner and to show respect for their co‐workers.

JVMF’s commitment begins with the recognition and acknowledgment that sexual harassment and other types of discriminatory harassment are unlawful. To reinforce this commitment, JVMF has developed a policy against harassment and a reporting procedure for employees who have been subjected to or witness harassment. This policy applies to all work‐related settings and activities, whether inside or outside the workplace, and includes business trips and business-related social events. JVMF’s property (e.g., telephones, copy machines, facsimile machines, computers, and computer applications such as e‐mail and Internet access) may not be used to engage in conduct that violates this policy. JVMF’s policy against harassment covers employees and other individuals who have a relationship with JVMF which enables JVMF to exercise some control over the individual’s conduct in places and activities that relate to JVMF’s work (e.g., directors, officers, contractors, vendors, volunteers, visitors and others).

  1. Prohibition of Sexual Harassment JVMF’s policy against sexual harassment prohibits sexual advances or requests for sexual favors or other physical or verbal conduct of a sexual nature, when: (1) submission to such conduct is made and expressed as an implicit condition of employment; (2) submission to or rejection of such conduct is used as a basis for employment decisions affecting the individual who submits to or rejects such conduct; or (3) such conduct has the purpose or effect of unreasonably interfering with an employee’s work performance or creating an intimidating, hostile, humiliating, or offensive working environment.

While it is not possible to list all of the circumstances which would constitute sexual harassment, the following are some examples:

  1. unwelcome sexual advances ‐‐ whether they involve physical touching or not;

  2. requests for sexual favors in exchange for actual or promised job benefits such as favorable reviews, salary increases, promotions, increased benefits, or continued employment; or

  3. coerced sexual interaction.

Depending on the circumstances, the following conduct may also constitute sexual harassment:

  1. use of sexual epithets, jokes, written or oral references to sexual conduct, gossip regarding one’s sex life;

  2. sexually oriented comment on an individual’s body, comment about an individual’s sexual activity, deficiencies, or prowess;

  3. displaying sexually suggestive objects, pictures, cartoons;

  4. unwelcome leering, whistling, deliberate brushing against the body in a suggestive manner;

  5. sexual gestures or sexually suggestive comments;

  6. inquiries into one’s sexual experiences; or

  7. discussion of one’s sexual activities.

While such behavior, depending on the circumstances, may not be severe or pervasive enough to create a sexually hostile work environment by legal definition, it can nonetheless make coworkers uncomfortable and as a consequence may violate this policy. Accordingly, such behavior is inappropriate and may result in disciplinary action.

It is also unlawful and expressly against JVMF policy to retaliate against an employee for filing a complaint of sexual harassment or for cooperating with an investigation of a complaint of sexual harassment. Should retaliation be substantiated, disciplinary action will be administered regardless of the outcome of the original complaint? 

A. Prohibition of Other Types of Discriminatory Harassment: It is a violation of JVMF’s policy to engage in verbal or physical conduct that denigrates or shows hostility or aversion toward an individual because of his or her to race, color, religion, creed, national origin, ancestry, genetic information, sex, age, marital status, sexual orientation, gender (including pregnancy and related conditions) gender identity, gender expression, mental and physical disability, medical condition, military or veteran status, or any other characteristic protected under federal, state or local law that:

  1. has the effect of creating an intimidating, hostile, humiliating, or offensive working environment;

  2. has the effect of unreasonably interfering with an individual’s work performance; or

  3. otherwise adversely affects an individual’s employment opportunities.

Depending on the circumstances, the following conduct may constitute discriminatory harassment:

  1. epithets, slurs, negative stereotyping, jokes, or threatening, intimidating, hostile acts that relate to race, color, religion, creed, national origin, ancestry, genetic information, sex, age, marital status, sexual orientation, gender (including pregnancy and related conditions) gender identity, gender expression, mental and physical disability, medical condition, military or veteran status, or any other characteristic protected under federal, state or local law; and

  2. written or graphic material that denigrates or shows hostility toward an individual or group because of to race, color, religion, creed, national origin, ancestry, genetic information, sex, age, marital status, sexual orientation, gender (including pregnancy and related conditions) gender identity, gender expression, mental and physical disability, medical condition, military or veteran status, or any other characteristic protected under federal, state or local law and that is circulated in the workplace, or placed anywhere in JVMF’s premises such as on an employee’s desk or workspace or on JVMF’s equipment or bulletin boards. Other conduct may also constitute discriminatory harassment if it falls within the definition of discriminatory harassment set forth above.

It is also against JVMF’s policy to retaliate against an employee for filing a complaint of discriminatory harassment or for cooperating in an investigation of a complaint of discriminatory harassment. Should retaliation be substantiated, disciplinary action will be administered regardless of the outcome of the original complaint?

B.Reporting of Harassment:

If you believe that you have experienced or witnessed sexual harassment or other discriminatory harassment by any employee of JVMF, you should report the incident immediately to your supervisor or to the Executive Director. Possible harassment by others with whom JVMF has a business relationship, including customers and vendors, should also be reported as soon as possible so that appropriate action can be taken.

JVMF shall promptly and thoroughly conduct a factfinding investigation of a claim of harassment as discreetly and confidentially as feasible. JVMF’s goal is to conduct a thorough investigation, to determine whether harassment occurred, and to determine what action to take if it is determined that a violation of this policy took place.

If JVMF determines that a violation of this policy has occurred, it will take appropriate disciplinary action against the offending party, which can include counseling, warnings, suspensions, and termination. 

Employees who report violations of this policy and employees who cooperate with investigations into alleged violations of this policy will not be subject to retaliation. Upon completion of the investigation, JVMF will inform the employee who made the complaint of the results of the investigation.

Compliance with this policy is a condition of each employee’s employment. Employees are encouraged to raise any questions or concerns about this policy or about possible discriminatory harassment with the Executive Director. In the case where the allegation of harassment is against the Executive Director, please notify the Board of Director’s Chairperson. The Board’s chair contact information is located on the agency’s website.

Comments and recommendations for improving JVMF are always welcome. There may be a time when an employee may have a question, suggestion, or concern about their job, working conditions, or workplace treatment. If an employee has a work-related problem with a peer, their manager, or another individual, we encourage a discussion directly with the individual. If it cannot be resolved at that level, a discussion with the next higher-level manager in the direct chain of command may be the next course of action. If you still feel that no satisfactory conclusion has been offered, discuss the matter with the Executive Director and should he/she believe it requires a fact finding investigation he/she will initiate one. If after the conclusion of the investigation, the employee is still dissatisfied with the outcome, the employee may follow the Grievance Process for further review and resolution to the matter.