A Whistleblower policy provides a procedure for filing and addressing whistleblower complaints. It is in place to protect employees or others who come forward with reports or evidence of wrongdoing, unsafe conditions on the job or environmental hazards. The policy informs all parties involved that retaliation against or harassment of the whistleblower will not be tolerated and may have negative consequences.
Therefore, Pure Earth will implement the following Employee Protection (Whistleblower) policy:
Relevance: It is the intent of Pure Earth to adhere to all laws and regulations that apply to the organization. The underlying purpose of this policy is to support the organization’s goal of legal compliance. The support of all employees is necessary to achieving compliance with various laws and regulations.
Action: If any employee or other individual working at Pure Earth [herewith referred to as “employee”] reasonably believes that some policy, practice, or activity of Pure Earth is in violation of law, a written complaint must be filed by that employee with the Director of the Board or the Board President.
An employee is protected from retaliation only if the employee brings the alleged unlawful activity, policy, or practice to the attention of Pure Earth and provides the Pure Earth with a reasonable opportunity to investigate and correct the alleged unlawful activity. The protection described below is only available to employees that comply with this requirement.
Pure Earth will not retaliate against an employee who in good faith, has made a protest or raised a complaint against some practice of Pure Earth or of another individual or entity with whom Pure Earth has a business relationship, on the basis of a reasonable belief that the practice is in violation of law, or a clear mandate of public policy.
Pure Earth will not retaliate against any employee who discloses or threatens to disclose to a supervisor or a public body, any activity, policy, or practice of Pure Earth that the employee reasonably believes is in violation of a law, or a rule, or regulation mandated pursuant to law or is in violation of a clear mandate of public policy concerning the health, safety, welfare, or protection of the environment.
Enforcement of Policy: Every employee shall receive this policy as part of hiring procedure and acknowledge its receipt. Pure Earth will be required to report follow up to the Board of Directors regarding any written complaint, including any resolutions, within 60 days of its receipt.
General Harassment and Sexual Harassment Policy
Pure Earth, through its policies and procedures, seeks to provide an environment that is free from harassment, sexual harassment and sexual assault. Such conduct seriously undermines the atmosphere of trust and respect that is essential to a healthy work environment. This policy applies to all employees both on and off the worksite, and to guests on the worksite, including any Pure Earth sponsored events and activities. All employees are encouraged to promptly report complaints of harassment, sexual harassment, sexual misconduct and sexual assault to their supervisor or other designated person. Persons found to be in violation of this policy shall be subject to disciplinary action which may include, but is not limited to written warning, demotion, transfer, suspension, expulsion, dismissal or termination.
Sexual harassment is discriminatory, unlawful and will not be tolerated. Sexual harassment may involve the behavior of a person of either sex against a person of the opposite or same sex, and occurs when such behavior constitutes unwelcome sexual advances, request for sexual favors, and other unwelcome verbal or physical behavior of a sexual nature where:
- Submission to such conduct is made either explicitly or implicitly as a term or condition of an individual’s education or employment;
- Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting the individual’s welfare or
- Such conduct has the purpose or effect of substantially interfering with an individual’s welfare, work performance, or creates an intimidating, hostile, offensive work environment.
Examples of Sexual Harassment:
Acts that constitute sexual harassment take a variety of forms. Examples of the kinds of conduct that may constitute sexual harassment include, but are not limited to:
- Unwelcome sexual propositions, invitations, solicitations, and flirtations.
- Threats or insinuations that a person’s employment, wages, promotional opportunities, work assignments or other conditions of employment may be adversely affected by not submitting to sexual advances.
- Unwelcome verbal expressions of a sexual nature, including graphic sexual commentaries about a person’s body, dress, appearance, or sexual activities; the unwelcome use of sexually degrading language, jokes or innuendoes; unwelcome suggestive or insulting sounds or whistles; obscene phone calls.
- Sexually suggestive objects, pictures, videotapes, audio recordings, computer communications, or literature placed in the work area that may embarrass or offend individuals.
- Unwelcome and inappropriate touching, patting, pinching, or obscene gestures.
Romantic and sexual relationships between employees, or employees and their supervisors, do not necessarily involve sexual harassment. Consensual relationships are tolerated as long as they do not interfere with work output, reporting and responsibility, or otherwise affect the work environment. If a consensual relationship exists between an employee and his/her supervisor, it is the responsibility of the individuals involved to inform the HR Officer. The HR Officer will review the case to determine necessity of reassigning supervisory roles.