SAMPLE EEO POLICY

CIVIL RIGHTS DEPARTMENT

DISCRIMINATION,

HARASSMENT, AND

RETALIATION PREVENTION

SAMPLE EEO POLICY

JUNE 2024

SAMPLE EEO POLICY / JUNE 2024 / 2

CONTENTS

Policy: Discrimination, Harassment, and Retaliation Prevention 3 ...................................................

Policy 3 .......................................................................................................................................

Scope of Protection 4 ................................................................................................................

Applicant/Employee Rights 4 .....................................................................................................

Conduct Prohibited by this Policy / Definitions 5 ..............................................................................

Discrimination 5 .........................................................................................................................

Harassment 5 .............................................................................................................................

Sexual Harassment 5 .................................................................................................................

Retaliation 6 ...............................................................................................................................

Sexual Harassment Training Requirements 7 ...................................................................................

Reporting and Addressing Violations of this Policy 7 ........................................................................

Corrective Action Guidelines 9 ..........................................................................................................

Filing Complaints with State and Federal Agencies 9 .......................................................................

California Civil Rights Department 9 ..........................................................................................

U.S. Equal Employment Opportunity Commission 9 .................................................................

State Personnel Board Appeals Division – for State Employees Only 9 .....................................

Discrimination, Harassment, and Retaliation Prevention Policy Complaint Form 10 .......................

SAMPLE EEO POLICY / JUNE 2024 / 3

POLICY: DISCRIMINATION, HARASSMENT, AND RETALIATION PREVENTION

POLICY

Name of Organization is committed to providing a professional work environment

free from discrimination, harassment, and retaliation. Name of Organization is

committed to providing equal employment opportunities to all employees and

applicants for employment. Accordingly, we adopt and maintain this Equal

Employment Opportunity (EEO) policy to encourage professional and respectful

behavior and prevent discriminatory, harassing, or retaliatory conduct in our

workplace. We will implement appropriate corrective action(s), up to and including

discipline, in response to misconduct – including violations of this policy – even if the

violation does not rise to the level of unlawful conduct.

Name of Organization prohibits discrimination and harassment based on the

following characteristics: race, color, caste, religion, religious creed (including

religious dress and grooming practices), national origin, ancestry, citizenship, physical

or mental disability, medical condition (including cancer and genetic conditions),

genetic information, marital status, sex (including pregnancy, childbirth,

breastfeeding, or related medical conditions), gender, gender identity, gender

expression, reproductive health decisionmaking, age (40 years and over), sexual

orientation, veteran or military status, domestic violence victim status, political

affiliation, and any other characteristic protected by state or federal anti-

discrimination law covering employment.

Name of Organization recognizes and supports the obligation to reasonably

accommodate employees with disabilities or religious beliefs or practices to allow

those employees to perform the essential functions of their jobs. For more

information, please review Name of Organization’s reasonable accommodation

policy. If an employee believes they need a reasonable accommodation based on

disability or a religious belief or practice, the employee should discuss the matter with

their supervisor or the human resources unit.

Name of Organization prohibits discrimination and harassment based on an

employee requesting or taking any type of leave from work that is protected by law,

such as family and medical leave, pregnancy disability leave, reproductive loss leave,

bereavement leave, time for jury duty, time to appear in court as a witness (including

but not limited to as a victim of crime), time off to obtain relief such as a restraining

order, or another other leave taken or requested pursuant to state or federal law.

This list of protected characteristics is derived from the Fair Employment and Housing Act (see Cal. Gov. Code §§ 12920 and

12940), its implementing regulations (see Cal. Code Regs., tit. 2, subch. 2), and the Labor Code (see Cal. Lab. Code §§ 230.1 and

1101). It includes a non-exhaustive list of characteristics that are or may be protected characteristics under California law and

model best practices in EEO.

Protected leave includes, but is not limited to, those provided for by the Fair Employment and Housing Act (see Cal. Gov. Code

§§ 12945, 12945.2, 12945.6, and 12945.7) and the Labor Code (see Cal. Lab. Code §§ 230 and 230.1).

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Name of Organization prohibits retaliation against a person who engages in activities

protected under this policy or state or federal law. Reporting, or assisting in reporting,

suspected violations of this policy and cooperating in investigations or proceedings

arising out of a violation of this policy are protected activities under this policy.

All Name of Organization employees are expected to assume responsibility for

maintaining a work environment that is free from discrimination, harassment, and

retaliation. Employees are encouraged to promptly report conduct that they believe

violates this policy so that we have an opportunity to address and resolve any

concerns. Managers and supervisors are required to promptly report conduct they

believe violates this policy. We are committed to responding to alleged violations of

this policy in a timely and fair manner and to taking appropriate action aimed at

ending the prohibited conduct.

SCOPE OF PROTECTION

This policy applies to applicants for employment at, and employees (co-workers,

supervisors, and managers) of, Name of Organization. As used in this policy, the term

“employee” includes contractors and volunteers in our workplace.

This policy applies to all conduct with a connection to an employee’s work, even when

the conduct takes place away from Name of Organization’s premises, such as in a

virtual workspace being used by remote workers, on a business trip, or at a business-

related social function.

APPLICANT/EMPLOYEE RIGHTS

• The right to an application process and/or work environment that is free of

discrimination, harassment, and retaliation

• The right to file a complaint of discrimination, harassment, or retaliation

• The right to report inappropriate conduct, which employees are encouraged to do

immediately and, whenever possible, in writing

• The right to a full, impartial, and prompt investigation by Name of Organization or its

designee into allegations of conduct that would violate this policy

• The right to be timely informed of appropriate information related to the outcome of

an investigation either as a complainant or a respondent in the investigation

• The right to be represented by a person of the complainant’s choosing at each and every

stage of the complaint process

• The right to be free from retaliation or reprisal after filing a complaint or participating in

the complaint process

• The right to file a complaint directly with the California Civil Rights Department, the

federal Equal Employment Opportunity Commission, or other appropriate state or

federal agencies, and to file a civil action in the appropriate court

SAMPLE EEO POLICY / JUNE 2024 / 5

CONDUCT PROHIBITED BY THIS POLICY / DEFINITIONS

DISCRIMINATION

As used in this policy, “discrimination” means the unequal treatment of an employee

or applicant in any aspect of employment and based solely or in part on any protected

characteristic listed above on [insert page number]. Discrimination violates this policy

regardless of whether the applicant or employee actually has the protected

characteristic or is merely perceived to have it. Discrimination also violates this policy

when it’s based on a combination of two or more protected characteristics or the

protected characteristic of someone with whom the applicant or employee is

associated, such as a family member or friend.

Examples of discrimination include, but are not limited to:

• Allowing the applicant’s or employee’s protected characteristic to be a factor in

hiring, promotion, compensation, or other employment related decisions (unless

otherwise permitted by applicable law)

• Withholding work-related assistance, cooperation, and/or information to applicants

or employees because of their protected characteristic

HARASSMENT

As used in this policy, “harassment” means disrespectful or unprofessional conduct

that is not welcomed by the person being harassed and is based solely or in part on

any protected characteristic listed above on [insert page number]. Harassment

violates this policy regardless of whether the applicant or employee actually has the

protected characteristic or is merely perceived to have it. Harassment also violates

this policy when it’s based on a combination of two or more protected characteristics

or the protected characteristic of someone with whom the applicant or employee is

associated, such as a family member or friend.

Harassment can be:

• Verbal (such as slurs, jokes, insults, epithets, gestures, or teasing)

• Visual (such as posting or distributing offensive posters, symbols, cartoons, drawings,

computer displays, or emails, staring, or leering)

• Physical (such as physically threatening another person, blocking someone’s way, or

making physical contact in an unwelcome manner)

SEXUAL HARASSMENT

As used in this policy, “sexual harassment” means harassment based on sex (including

pregnancy, childbirth, breastfeeding, or related medical conditions), gender, gender

identity, gender expression, or sexual orientation. It includes all of the actions

described above as harassment, as well as other unwelcome sex-based conduct, such

For example, Cal. Gov. Code §§ 18973.1 permits a preference for veterans in state civil service.

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as unwelcome or unsolicited sexual advances, requests for sexual favors,

conversations regarding sexual activities, or other verbal or physical conduct of a

sexual nature. Sexual harassment does not have to be of a sexual nature and sexual

harassment does not need to be motivated by sexual desire. In addition, sexual

harassment may include situations that began as a consensual dating or sexual

relationship, but that later became a relationship that was not welcomed by one of

the people involved. Sexual harassment is generally categorized into two types:

1. Quid Pro Quo Sexual Harassment (“this for that”) includes but is not limited to:

- Submitting to sexual harassment in order to keep one’s job, get a new job, or

receive an employment benefit or opportunity

- Making decisions about an employee based on their acceptance or rejection of

sexual harassment

2. Hostile Work Environment Sexual Harassment

- Unwelcome conduct on the basis of sex, gender, gender identity, gender

expression, or sexual orientation by any person in the workplace that

unreasonably interferes with an employee’s work performance and/or creates

an intimidating, hostile, or otherwise offensive working environment. When the

conduct is not welcome, severe or pervasive, and based on sex, gender, gender

identity, gender expression, or sexual orientation, examples of sexual

harassment creating a hostile work environment include, but are not limited to:

o Sexual advances, flirtation, teasing, sexually suggestive or obscene letters,

invitations, notes, emails, voicemails, or gifts

o Comments, slurs, jokes, remarks, or epithets

o Leering, obscene, or vulgar gestures

o Displaying or distributing sexually suggestive or derogatory objects, pictures,

graphics, cartoons, videos, images, or posters

o Impeding or blocking movement, touching, or assaulting others

o Reprisals or threats after a negative response to sexual advances

o Conduct or comments consistently targeted at one gender, even if the content is

not sexual

RETALIATION

As used in this policy, “retaliation” means any adverse employment action taken

against an applicant or employee because that person participated in activity

protected under this policy or reasonably thought to be protected under this policy.

Examples of protected activities include, but are not limited to:

• Reporting or assisting someone in reporting suspected violations of this policy

• Cooperating in investigations or proceedings arising out of a violation of this policy

• Filing a complaint with the California Civil Rights Department or the U.S. Equal

Employment Opportunity Commission

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“Adverse employment action” is conduct or an action that materially affects the

terms and conditions of the applicant’s or employee’s employment status or is

reasonably likely to discourage the person from engaging in a protected activity. Even

actions that do not result in a direct loss of compensation or in termination may be

regarded as an adverse employment action when considered in the totality of the

circumstances.

When done because an applicant or employee reported a violation of this policy, filed

a complaint, or otherwise participated in any activity protected (or reasonably

thought to be protected) under this policy, examples of retaliation under this policy

include, but are not limited to:

• Demotion, not promoting, or not considering for promotion

• Suspension, reduction in pay or hours, or changing work assignments

• Denial of a merit salary increase

• Failure to hire or consider for hire

• Harassment

• Denying employment opportunities or not talking to an employee when otherwise

required by job duties

• Denying a reasonable accommodation

SEXUAL HARASSMENT TRAINING REQUIREMENTS

California law requires that every two years, all employees receive training to increase

their understanding of workplace sexual harassment and provide them with tools to

prevent such harassment.

This training must include information about preventing

harassment based on sexual orientation, gender identity, and gender expression, as

well as information about employees’ role in creating an underlying culture of mutual

respect in our workplace. Specific components of the training include how to

promptly and effectively respond to sexual harassment when it occurs, the effects of

abusive conduct in the workplace, and ways to appropriately intervene if one

witnesses behavior that is not aligned with this policy.

REPORTING AND ADDRESSING VIOLATIONS OF THIS POLICY

Any employee or applicant who experiences or witnesses behavior they believe

violates this policy is encouraged to immediately tell the offending individual to stop

and that the behavior is inappropriate, but only if they feel comfortable doing so. The

applicant or employee should also immediately report the alleged violation to their

Cal. Gov. Code § 12950.1. Employers may utilize the Civil Rights Department’s online trainings at

www.calcivilrights.ca.gov/shpt/ to satisfy this requirement.

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supervisor, manager, or the EEO Officer. There is no chain of command when contacting

the EEO Officer: an employee may contact the EEO Officer directly without first seeking

supervisory approval. If the person accused of violating the policy is the employee’s

supervisor or manager, the employee should report the conduct to any other supervisor,

manager, or the EEO Officer. A complaint may be verbal or in writing. Written

complaints may be made using the Name of Organization EEO Complaint Form

(attached to this policy).

Supervisors or managers who learn of any potential violation of this policy are required

to immediately report the matter to the EEO Officer, and must follow that officer’s

instructions of how best to proceed.

Name of Organization will promptly look into the facts and circumstances of any

alleged violation, as appropriate. Even in the absence of a written or verbal complaint,

Name of Organization may initiate an investigation if it has reason to believe that

conduct may have violated this policy. Moreover, even where a complainant conveys a

request to withdraw their initial complaint, Name of Organization may continue the

investigation to ensure the workplace is free from discrimination, harassment, and

retaliation. Name of Organization will also investigate anonymous complaints. The

method will depend on the details provided in the anonymous complaint. If the

complaint is sufficiently detailed, the investigation may be able to proceed in the same

manner as any other complaint. If the information is more general, Name of

Organization may need to do an environmental assessment or survey to try to

determine if misconduct has occurred. All investigations will be fair, impartial, timely,

and completed by qualified personnel.

To the extent possible, Name of Organization will endeavor to keep the reporting of

the applicant or employee’s concerns confidential; however, complete confidentiality

cannot be guaranteed when it interferes with Name of Organization’s ability to fulfill its

obligations under this policy, applicable law, and any court order. All employees are

required to cooperate fully with any investigation. This includes, but is not limited to,

maintaining an appropriate level of discretion regarding the investigation and

disclosing any and all information that may be pertinent to the investigation.

Upon completion of the investigation, if misconduct is substantiated, Name of

Organization will take appropriate corrective and preventive action in order to stop

the conduct – up to and including discipline where warranted – prevent its recurrence

and remedy its effects.

Contact information for Name of Organization’s EEO Officer is:

[Insert name and contact info here]

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CORRECTIVE ACTION GUIDELINES

Name of Organization will take appropriate corrective action(s) up to and including

discipline against any employee(s) when an investigation has found that misconduct

occurred. Such corrective action(s) may include, but are not limited to, letters of

reprimand, suspension, demotion, or termination. Additionally, depending on the

nature of the violation, civil liability could be imposed on the person responsible for

the misconduct as well as Name of Organization.

FILING COMPLAINTS WITH STATE AND FEDERAL AGENCIES

Employees and applicants may also file complaints of discrimination, harassment, or

retaliation with the agencies listed below. Individuals who wish to pursue filing with

these agencies should contact them directly to obtain further information about their

processes and time limits.

CALIFORNIA CIVIL RIGHTS DEPARTMENT

• Website: www.calcivilrights.ca.gov

• Complaint-filing portal: https://ccrs.calcivilrights.ca.gov/s/

• General information: (800) 884-1684 (voice), (800) 700-2320 (TTY), or California’s Relay

Service at 711

• Email: [email protected]

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

• Website: www.eeoc.gov/employees

• General information: (800) 669-4000, (800) 669-6820 (TTY), or (844) 234-5122 (ASL

Video Phone)

• Email: [email protected]

STATE PERSONNEL BOARD APPEALS DIVISION – FOR STATE

EMPLOYEES ONLY

• Website: www.spb.ca.gov

• General information: (916) 653-0799 or (916) 653-1498 (TDD)

NAME OF ORGANIZATION

DISCRIMINATION, HARASSMENT, AND RETALIATION PREVENTION POLICY

COMPLAINT FORM

COMPLAINANT INFORMATION

NAME:

DIVISION / UNIT:

OFFICE LOCATION:

WORK PHONE:

IMMEDIATE SUPERVISOR:

Please describe the conduct that you believe violates the Discrimination, Harassment and

Retaliation Prevention Policy. In your narrati ve, describe: (1) What happened to you; (2) Why

you believe you are experiencing discrimination, harassment, or retaliation, including the

reason or evidence you have to support your belief; and (3) When the acts of discrimination,

harassment, or retaliation occurred. Attach additional pages if needed. If you require assistance

with completing this form as a reasonable accommodation, please contact the EEO officer.

SAMPLE EEO POLICY / JUNE 2024 / 10

PERSON(S) ALLEGED TO HAVE VIOLATED THE POLICY

Person #1 - Name: Classification: Work Location:

Person #2 - Name: Classification: Work Location:

Person #3 - Name: Classification: Work Location:

PERSON(S) WITH INFORMATION/KNOWLEDGE OF THE ALLEGED INCIDENTS

Witness Name: Classification: Work Location:

HAVE YOU COMPLAINED TO AN YONE AT

NAME OF ORGANIZATION

ABOUT

THIS MATTER?

If yes, explain the situation. When did you complain, to whom, and what was the result?

(You may attach additional pages if necessary)

Please submit to the Name of Organization EEO Officer:

[Insert name and contact info here]

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