Sexual and other forms of workplace harassment based upon race, age, sex, national origin, disability or religion will not be tolerated by the NEW Solutions ACES Program. All complaints made will be investigated promptly, fairly and thoroughly. The NEW Solutions ACES Program is responsible for investigating claims made by Enrollees as well as claims made against Enrollees. Harassment is a form of discrimination and is an unlawful workplace practice as interpreted by the courts under Title VII of the Civil Rights Act.
Sexual harassment involves behavior with sexual overtones which is unwelcome. It may include verbal behavior such as offensive comments, suggestions, jokes, sex-oriented labels or pressure for sexual favors. Sexual harassment may also include physical behavior such as touching, feeling, patting or deliberate brushing against others in a sexual manner. Verbal or physical conduct constitutes harassment when any or all of the following occur:
- The conduct is an element in a decision to enroll or release an individual.
- The conduct is a factor in decisions related to the assignment of position duties.
- The conduct interferes with an individual’s performance or normal interpersonal relationships at work.
- The conduct creates an intimidating, hostile or offensive work environment for the individual.
To file a complaint of harassment:
Step 1. The Enrollee should confront the person who is being accused of harassment, state the nature of the offending activity, say that it is unwelcome and that it must stop.
Step 2. If the Enrollee is uncomfortable confronting the person accused of harassment, the assistance of the Monitor and/or NEW Solutions Field Office may be requested.
NOTE: IN MANY INSTANCES ONE OF THE ABOVE COURSES MAY BE SUFFICIENT TO END THE MATTER WITHOUT THE NEED FOR A FORMAL COMPLAINT. HOWEVER, THIS WILL NOT PRECLUDE A DECISION TO CONDUCT A THOROUGH INVESTIGATION IN SITUATIONS WHERE MANAGEMENT OR THE HARASSED ENROLLEE BELIEVES THIS STEP IS NECESSARY.
Step 3. If the Enrollee is accusing a Monitor of harassment, the assistance of the NEW Solutions Field Office may be requested.
Step 4. If the above mentioned informal attempts to resolve the situation are not satisfactory, the Enrollee should submit a written complaint to the NEW Solutions Field Office who will be responsible for investigating the complaint and responding to the Enrollee in a reasonable period of time.
Step 5. If the Enrollee initiating the complaint may appeal feels that the situation is still unresolved, he/she may appeal concerns within a reasonable period of time to the NEW Solutions Field Director, whose decision can be appealed to the NEW Solutions President and CEO, whose decision will be final.