Anti-Harassment
Excerpt from Personnel Policies

6.5 Anti-Harassment

NKY Health is committed to maintaining a collegial work environment in which all individuals are treated with respect and dignity. Each employee has the right to work in a professional atmosphere, which is free from inappropriate behavior and discriminatory practices including harassment.

Behavior that NKY Health considers to be inappropriate or unethical, including harassment, is prohibited at all times at NKY Health worksites and in any situation that arises directly from a workplace relationship. Harassment may encompass activity that is outside the worksite if the act(s) are directly and causally connected to workplace issues or matters. This prohibition also applies to an employee and visitor who may come into contact with an employee.

6.5.1 Forms of Harassment

Under this policy, the following are forms of harassment:


6.5.1.1 Inappropriate Behavior / Gossip

Inappropriate behavior is behavior deemed by management to be grossly unprofessional and/or unwelcome in the workplace and/or during NKY Health-sponsored events. Unethical behavior is behavior deemed by management to be contrary to the values of NKY Health. The District Director of Health and/or their designee has the final authority to determine whether behavior is inappropriate, unethical, and/or unwelcome.

Gossip, which is the spreading of false information or information that is sensitive, personal, private, sensational, or derogatory in nature about an individual who is not present or does not consent to the dissemination of information which could have negative consequences to the individual or be disruptive to the work environment, is one of many examples of inappropriate behavior that will not be tolerated.


6.5.1.2 General Harassment/Discrimination

General harassment and/or discrimination is treating an employee in a manner which has or could have a negative impact on them based on their race, color, national origin, age, religion, sex, sexual orientation, disability including medical conditions related to pregnancy/childbirth, or any other protected class.

 Such harassment or discrimination is unlawful and includes but may not be limited to the following:

 Acts of harassment/discrimination may be perceived by persons of the same or a different protected class.

 

6.5.1.3  Sexual Harassment

Sexual harassment is conduct that includes unwelcome or unwanted sexual advances, requests for sexual favors and other verbal, non-verbal or physical conduct of a sexual nature, when either or both of the following is true:

 Acts of sexual harassment may be perceived by persons of the same or opposite sex.

 

6.5.2 Reporting Harassment/Discrimination

An employee who believes they have been harassed or treated inappropriately is encouraged to address the inappropriate behavior before it becomes severe or pervasive.

An employee who believes they have been the object of harassment or inappropriate behavior on the part of another employee and/or visitor in the workplace, or has witnessed such harassment, should report the alleged act as soon as possible to an authority in their chain-of-command or to the head of Human Resources or their designee.

When anyone in management receives a report of an allegation, they must advise the head of Human Resources or their designee of the complaint. The employee and/or management will provide a written record of the complaint to the head of Human Resources so that an accurate record of the alleged behavior is documented and can be investigated.

 

6.5.3 Protection Against Retaliation

NKY Health will not retaliate or permit any other person to retaliate against an employee who, in good faith, makes a report of harassment/discrimination.

Retaliation is a very serious violation of this policy and should be reported immediately to an authority in the chain-of-command or to the head of Human Resources or their designee. Any employee found to retaliate against an individual for reporting harassment, or against anyone participating in the investigation of a claim, will be subject to appropriate disciplinary action (Refer to section 7.4), up to and including dismissal (Refer to section 8.4.)

 

6.5.4 Interim Measures

The District Director of Health and/or their designee may take interim measures to protect employees during the harassment investigation. For employees involved this includes, but is not limited to, temporary transfer to different work assignments and/or locations and/or placement on Administrative Suspension (Refer to section 7.5) pending the outcome of the investigation.

 

6.5.5 Investigating Claims

A thorough and expeditious investigation of all claims of harassment/discrimination will be conducted. The head of Human Resources will develop procedures for investigating claims of harassment/discrimination. When the claim is against the head of Human Resources, the District Director of Health and/or their designee will develop investigation procedures.

During the investigation, any accused will have the opportunity to respond to the claim.

 

6.5.6 Confidentiality of Claims

The privacy and anonymity of all parties involved in a harassment/discrimination investigation will be preserved within the context of pursuing a thorough investigation and advising appropriate parties as to the status of the investigation.

 

6.5.7 Resolving Claims

Upon completion of the investigation, management will take any corrective action(s) it deems appropriate.

If an investigation results in a finding that the reporting employee falsely and maliciously accused another of harassment/discrimination, the reporting employee may be subject to appropriate disciplinary action (Refer to section 7.4), up to and including dismissal (Refer to section 8.4.)