Discrimination & Harassment
Dow Aero (“Company”) strives to create and maintain a work environment in which people are treated with dignity, decency, and respect. Our workplace environment should be characterized by mutual trust and the absence of intimidation, oppression, and exploitation. The Company will not tolerate unlawful discrimination or harassment of any kind. Through enforcement of this policy and by mandatory education for all employees (including leased, contract, temporary, and internship statuses), the Company will seek to prevent, correct, and discipline behavior or actions that violate this policy.
All employees, regardless of their positions, are covered by and are expected to comply with this policy and to take appropriate measures to ensure that prohibited conduct does not occur. Appropriate disciplinary action will be taken against any employee, contractor, or visitor who violates this policy:
Any employee in violation of this policy is subject to disciplinary action, up to and including termination of employment.
Contractors or any other visitors that violate this policy may be immediately removed from Company premises, and permanently banned from any Company premises or contact with Company personnel.
Management or supervisors that knowingly allows or tolerates discrimination, harassment, or retaliation, including the failure to promptly report such misconduct to the Company's Human Resources (HR) department, are in violation of this policy and subject to disciplinary action, up to and including termination of employment.
Dependent on the seriousness of any offense, law enforcement can be notified and/or legal action may occur.
Prohibited Conduct
The Company, in compliance with applicable federal, state, and local anti-discrimination and anti-harassment laws and regulations, enforces this policy in accordance with the following definitions and guidelines:
Discrimination
It is a violation of this policy to discriminate against any individual, whether in whole or in part, regarding the person's age, color, disability, genetic information, national origin, race, religion, sex (including gender identity, sexual orientation, and pregnancy), veteran status, and/or any other characteristic protected by applicable federal, state, and/or local law. This is on the basis of:
Employment opportunities, benefits, or privileges;
Creating discriminatory work conditions; or
Using discriminatory evaluative standards throughout employment.
Discrimination of this kind may also be strictly prohibited by a variety of federal, state and local laws, including Title VII of the Civil Rights Act of 1964, the Age Discrimination Act of 1967, and the Americans with Disabilities Act of 1990. This policy is intended to comply with the prohibitions stated in these anti-discrimination laws.
Harassment
The Company prohibits harassment of any kind and will take appropriate and immediate action in response to complaints or knowledge of violations of this policy. For purposes of this policy, harassment is any verbal or physical conduct designed to threaten, intimidate or coerce an employee, coworker, or any person working for or on behalf of the Company.
The following examples of harassment are intended to be guidelines and are not exclusive when determining whether there has been a violation of this policy:
Verbal harassment includes comments that are offensive or unwelcome regarding a person's national origin, race, color, religion, gender, sexual orientation, age, body, disability, or appearance, including epithets, slurs, and negative stereotyping.
Nonverbal harassment includes distribution, display, or discussion of any written or graphic material that ridicules, denigrates, insults, belittles or shows hostility, aversion, or disrespect toward an individual or group because of national origin, race, color, religion, age, gender, sexual orientation, pregnancy, appearance, disability, sexual identity, marital status, or other protected status.
Sexual Harassment
Sexual harassment is a form of unlawful employment discrimination under Title VII of the Civil Rights Act of 1964 and is prohibited under this anti-harassment policy. According to the Equal Employment Opportunity Commission (EEOC), sexual harassment is defined as:
“Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature … when … submission to or rejection of such conduct is used as the basis for employment decisions … or such conduct has the purpose or effect of … creating an intimidating, hostile or offensive working environment.”
Title VII of the Civil Rights Act of 1964 recognizes two types of sexual harassment:
Quid pro quo sexual harassment is when a manager, supervisor, or other person of power within an organization, makes employment, benefits, or other perks contingent on sexual favors.
Hostile work environment sexual harassment is when an employee makes uncomfortable or sexual comments, jokes, or perform actions that create an intimidating and hostile environment.
Sexual harassment occurs when unsolicited and unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature:
Is made explicitly or implicitly a term or condition of employment.
Is used as a basis for an employment decision.
Unreasonably interferes with an employee's work performance or creates an intimidating, hostile, or otherwise offensive environment.
Sexual harassment can take many forms. The following examples of sexual harassment are intended to be guidelines and are not exclusive when determining whether there has been a violation of this policy:
Verbal sexual harassment includes innuendoes, suggestive comments, jokes of a sexual nature, sexual propositions, lewd remarks and threats; requests for any type of sexual favor (this includes repeated, unwelcome requests for dates); and verbal abuse or "kidding" that is oriented toward a prohibitive form of harassment, including that which is sexual in nature and unwelcome.
Nonverbal sexual harassment includes the distribution, display, or discussion of any written or graphic material, including calendars, posters, and cartoons that are sexually suggestive or show hostility toward an individual or group because of sex; suggestive or insulting sounds; leering; staring; whistling; obscene gestures; content in letters, notes, facsimiles, e-mails, photos, text messages, tweets, and Internet postings; or other forms of communication that are sexual in nature and offensive.
Physical sexual harassment includes unwelcome, unwanted physical contact, including touching, tickling, pinching, patting, brushing up against, hugging, cornering, kissing, fondling, and forced sexual intercourse or assault.
Courteous, mutually respectful, pleasant, and non-coercive interactions between employees that are appropriate in the workplace and acceptable to and welcomed by both parties are not considered to be sexual harassment, or harassment.
Retaliation
No hardship, loss, benefit, or penalty may be imposed on an employee in response to:
Filing or responding to a bona fide complaint of discrimination or harassment;
Appearing as a witness in the investigation of a complaint; and/or
Serving as an investigator of a complaint.
Proceeding with a bona fide complaint will in no way be used against the employee or have an adverse impact on the individual's employment. However, filing groundless or malicious complaints is an abuse of this policy and will be treated as a violation.
Responding to Discriminatory or Harassing Conduct
Employees
Any employee who believes that he or she has been subject to discrimination, harassment, or retaliation, may address the situation directly and immediately to the person executing inappropriate conduct. If the inappropriate conduct does not cease, or if the employee is unable to or uncomfortable with addressing the alleged person directly, they should report the incident to their direct/indirect manager or immediate supervisor, department lead, or to the Company’s Human Resources (HR) department as soon as possible.
It is important to report any and all concerns of sexual harassment or inappropriate sexual conduct to the Company’s HR department as soon as possible.
Managers and Supervisors
Managers and supervisors must deal expeditiously and fairly with allegations of harassment, discrimination, or retaliation within their departments, whether or not there has been a written or formal complaint. They must:
Take all complaints or concerns of alleged or possible harassment, discrimination, or retaliation seriously no matter how minor or who is involved.
Ensure that harassment, discrimination, or inappropriate sexually oriented conduct is promptly reported to the Company’s Human Resources (HR) department.
Take any appropriate action to prevent retaliation or prohibited conduct from recurring during and after any investigations or complaints.
Human Resources
Human Resources is responsible for:
Arranging an investigation of the alleged discrimination, harassment, or retaliation.
Ensuring all involved parties are notified or questioned appropriately and promptly.
Exploring means of resolving discrimination, harassment, or retaliation complaints.
Notifying law enforcement if criminal activities have been validated.
Initiating appropriate legal action where warranted.
Complaints
The Company has established the following procedures for issuing a complaint of discrimination, harassment, or retaliation. The Company will treat all aspects of a complaint as confidential to the extent reasonably possible.
Complaints should be submitted as soon as possible after an incident has occurred, and preferably in writing.
To submit a complaint to the Company’s Human Resources (HR) department visit with our personnel, or contact us via one of the following methods:
Phone 1.405.670.6800; 804
Email hr@dowaero.com
To submit a written or verbal complaint to your direct manager or supervisor, visit with them in a controlled space or notify them over the phone or by email/instant message.
The Company’s Human Resources (HR) department may assist the complainant in completing a written statement; in the event an employee refuses to provide information in writing, the Company’s HR department shall then dictate the verbal complaint. The Company’s HR department may review the complaint with appropriate legal counsel. Details collected about a complaint may include:
The name and position of the person or persons allegedly causing harassment, discrimination, or retaliation.
A description of the incident(s), including the date(s), location(s), and the presence of any witnesses.
The effect of the incident(s) on the complainant's ability to perform their job, or on other terms or conditions of their employment.
The names of other individuals who might have been subject to the same or similar harassment, discrimination, or retaliation.
What, if any, steps the complainant has taken to try to stop the harassment or discrimination.
Any other information the complainant believes to be relevant to the harassment, discrimination, or retaliation complaint.
The Company’s Human Resources (HR) department shall initiate an investigation to determine whether there is a reasonable basis for believing that the alleged violation of this policy occurred.
If necessary, the complainant and the respondent will be separated during the course of the investigation, either through internal transfer or leave.
During the investigation, the Company’s Human Resources (HR) department, together with legal counsel or appropriate management, will interview the complainant, the respondent, and any witnesses to determine whether the alleged conduct occurred.
Upon conclusion of an investigation, the Company’s Human Resources (HR) department or other entities conducting the investigation will prepare a written report of the findings. If it is determined that a violation of this policy has occurred, the Company’s HR department shall recommend appropriate disciplinary action. The appropriate disciplinary action will depend on the following factors:
The severity, frequency, and pervasiveness of the conduct;
Prior complaints made by the complainant;
Prior complaints made against the respondent; and
The quality of the evidence (e.g. firsthand knowledge or credible corroboration).
If the investigation is inconclusive or if it is determined that there has been no violation of policy, but potentially problematic conduct may have occurred, the Company’s Human Resources (HR) department may recommend appropriate preventive action to avoid further concerns.
The Company’s highest-ranking Human Resources official, and potentially senior management, will review the investigative report and any statements submitted by the complainant or respondent, discuss the results of the investigation with employee’s conducting the investigation or with legal council as appropriate, and decide what action, if any, will be taken.
Once a final decision is made by the Company’s highest-ranking Human Resources official, and potentially senior management, the Company’s Human Resources (HR) department will meet with the complainant and the respondent separately and notify them of the findings of the investigation. If disciplinary action is to be taken, the violating party will be informed of the nature of the disciplinary action and how it will be executed.
Confidentiality
All inquiries, complaints, and investigations are treated confidentially and information is disclosed strictly on a need-to-know basis. The identity of the complainant is usually revealed to the parties involved during the investigation, and the Company’s Human Resources (HR) department shall take adequate steps to ensure that the complainant is protected from retaliation during and after the investigation. All information pertaining to a complaint or investigation under this policy will be securely maintained by the Company’s HR department.
Alternative Legal Remedies
Nothing in this policy may prevent the complainant or the respondent from pursuing formal legal remedies or resolution through local, state or federal agencies or courts.
Consensual Romantic or Sexual Relationships
The Company strongly discourages romantic or sexual relationships between a manager, or other supervisory employee, and their staff (an employee who reports directly or indirectly to that person) because such relationships can create compromising conflicts of interest or the appearance of such conflicts. In addition, such a relationship may give rise to the perception by others that there is favoritism or bias in employment decisions. Moreover, given the uneven balance of power within such relationships, consent may be seen is suspect and may be viewed by others, or at a later date, as having been given as the result of coercion or intimidation. The atmosphere created by such appearances of bias, favoritism, intimidation, coercion, or exploitation undermines the spirit of trust and mutual respect that is essential to a healthy work environment. If there is such a relationship, the parties need to be aware that one or both may be moved to a different department or other actions may be taken.
If any employee of the Company enters into a consensual relationship that is romantic or sexual in nature with a member of their staff (an employee who reports directly or indirectly to them), or if one of the parties is in a supervisory capacity in the same department in which the other party works, the parties must notify the Company’s Human Resources (HR) department. Because of potential issues regarding quid pro quo harassment, the Company has made reporting mandatory. This requirement does not apply to employees who do not work in the same department or to parties where neither one supervises or otherwise manages responsibilities over the other.
Once a relationship is made known to the Company, the Company shall review the situation in light of all the facts (reporting relationship between the parties, effect on co-workers, job titles of the parties, etc.) and can determine whether one or both parties need to be moved to another job or department. If it is determined that one party must be moved, and there are jobs in other departments available for both, the parties may decide who will be the one to apply for a new position. If the parties cannot amicably come to a decision, or the party is not chosen for the position to which he or she applied, the Company’s Human Resources (HR) department and senior management can decide which party will be moved. That decision will be based on which move will be least disruptive to the organization as a whole. If no other jobs are available for either party, the parties will be given the option of terminating their relationship or at least one member being required to resign from their employment with the Company.