Davey Tree is committed to providing a productive and conducive work environment for our employees that is free from unlawful discrimination, harassment, and retaliation. Davey Tree prohibits all conduct that violates this policy regardless of whether it rises to the level of illegal harassment, discrimination, or harassment under applicable law.1
Since harassment is counter to the values and goals of this organization, harassment related to an employee’s race, color, religion, age, gender, national origin, disability, military or veteran status, sexual orientation, gender identity, or other characteristic protected by federal, state, or local law, will not be tolerated. Any such harassment by our employees, applicants, customers, contractors, subcontractors, or other business associates is prohibited by this policy, whether or not it also violates applicable federal, state, or local law.
Harassment is defined as unwelcome conduct based on a person’s race, color, religion, age, gender, national origin, disability, military or veteran status, sexual orientation, gender identity, or other protected status that creates a working environment that is intimidating, hostile, or offensive or becomes a condition of continued employment. Harassment may be verbal, non-verbal, or physical. Examples of harassment prohibited by this policy include, but are not limited to, the following conduct: vulgar or profane language; offensive jokes or
insults; racial or ethnic slurs; comments, written or graphic material that ridicules, denigrates, insults or shows hostility, aversion or disrespect toward an individual or group because of a protected classification; threating or demeaning comments; negative stereotyping; assault; stalking; and improper touching or brushing.
This policy specifically prohibits sexual harassment, which may include, but is not limited to, the following conduct:
- Unwelcome verbal conduct such as offensive sexual remarks, innuendoes or comments, sexual jokes, use of offensive sexual stereotypes, and/or other offensive verbal conduct pertaining to sex;
- Unwelcome sexual advances, propositions or requests for sexual favors;
- Unwelcome and offensive physical conduct, including touching, leering, blocking an employee’s movement, or sexual gestures;
- Unwelcome and offensive written conduct such as offensive pictures, sexually suggestive posters, drawings, cartoons, photographs or other communications, including e-mail; reprisals or threatening reprisals for an employee’s unwillingness to respond to requests for sexual favors; or
- Reprisals or threatening reprisals for complaining about or for reporting a violation of this policy.
In addition to being a violation of Davey Tree’s policy, harassment is against the law. Harassment can violate federal law (Title VII of the Civil Rights Act of 1964, codified as 42 U.S.C. § 2000e et seq.), state law (including, but not limited to, the New York State Human Rights Law, codified as N.Y. Exec. Law, art. 15, § 290 et seq.), and applicable local laws (including the New York City Human Rights Law). Davey Tree will not tolerate harassment of its employees by managers, supervisors, other employees, or individuals conducting business with Davey Tree (including, but not limited to, contractors, subcontractors, vendors, customers, consultants, or temporary workers). Any employee who violates the harassment policy will be subject to immediate disciplinary action, up to and including discharge.
COMPLAINT PROCEDURE & INVESTIGATION
If, at any time, you feel you have been subjected to harassment or you learn about any other potential harassment, contact your supervisor or a member of the Human Resources or Legal Department immediately. You are not required to report or make a complaint of harassment to any person who is participating in the conduct or who appears to be allowing it to occur. If your supervisor is the one engaging in or condoning the conduct, you should report your complaint to a member of the Human Resources or Legal Departments or
another Davey Tree supervisor or manager. Human Resources may be contacted at the following telephone number: 800-447-1667, ext. 8381, and the Legal Department may be contacted at 800-447-1667, ext. 8301. Employees who have a complaint regarding sexual harassment are also encouraged to complete a written report using Davey Tree’s Sexual Harassment Complaint Form, a copy of which may be obtained by contacting Human Resources or on the Davey Portal under HR Documents.
After any report or complaint of harassment is made, an investigation by appropriate Davey Tree management will be promptly conducted, and appropriate action, if necessary, taken. The investigation and the identity of any parties involved will be kept confidential to the extent possible and all persons involved will be accorded due process to protect their rights to a fair and impartial investigation.
Any employee may be required to cooperate as needed in an investigation of suspected harassment. While the process may vary depending on the specific complaint at issue, Davey Tree will generally interview individuals identified in the complaint or who are found to have information concerning the report of potential harassment. Davey Tree will also request and review all documents relevant to the complaint and investigation. If it is determined that this policy has been violated, Davey Tree will take prompt and appropriate corrective action, up to and including discharge, to stop the inappropriate conduct and prevent its recurrence.
In addition to the procedure and remedies available under this policy, employees may also choose to pursue legal remedies with certain governmental entities: (i) the United States Equal Employment Opportunity Commission; (ii) state fair employment agencies (including, but not limited to, the New York State Division of Human Rights and the Ohio Civil Rights Commission); (iii) state and federal courts; and (iv) other local protections through an employee’s county, city, or town of residence and your local police department.
DIRECTIONS FOR CONTACTING APPROPRIATE EXTERNAL AGENCIES
Employees who wish to pursue legal remedies with certain government entities may contact the federal Equal Employment Opportunity Commission (EEOC) and/or the appropriate state fair employment agency for the state in which they work. The following is information for contacting the EEOC and relevant state fair employment agencies:
Equal Employment Opportunity Commission
Alaska State Commission for Human Rights
Arizona Attorney General’s Office, Civil Rights Division
California Department of Fair Employment and Housing
Colorado Civil Rights Division
Connecticut Commission on Human Rights and Opportunities
Delaware Department of Labor, Office of Anti-Discrimination
Florida Commission on Human Relations
Georgia Commission on Equal Opportunity
Hawaii Civil Rights Commission
Idaho Human Rights Commission
Illinois Department of Human Rights
Indiana Civil Rights Commission
Iowa Civil Rights Commission
Kansas Human Rights Commission
Kentucky Commission on Human Rights
Louisiana Commission on Human Rights
Maine Human Rights Commission
Maryland Commission on Human Rights
Massachusetts Commission Against Discrimination
Michigan Department of Civil Rights
Minnesota Department of Human Rights
Missouri Commission on Human Rights
Montana Human Rights Bureau
Nebraska Equal Opportunity Commission
New Hampshire Commission for Human Rights
New Jersey Division on Civil Rights
New Mexico Human Rights Bureau
New York State Division of Human Rights
Nevada Equal Rights Commission
North Carolina Office of Administrative Hearings, Civil Rights Division
North Dakota Department of Labor and Human Rights
Ohio Civil Rights Commission
Oklahoma Office of the Attorney General, Office of Civil Rights Enforcement
Oregon Bureau of Labor and Industries, Civil Rights Division
Pennsylvania Human Relations Commission
Rhode Island Commission for Human Rights
South Carolina Human Affairs Commission
South Dakota Department of Labor & Regulation, Division of Human Rights
Tennessee Human Rights Commission
Texas Workforce Commission, Civil Rights Division
Utah Antidiscrimination and Labor Division
Vermont Attorney General’s Office, Civil Rights Unit
Virginia Division of Human Rights
Washington State Human Rights Commission
Washington, D.C., Office of Human Rights
West Virginia Human Rights Commission
Wisconsin Department of Workforce Development, Equal Rights Division
Wyoming Department of Employment Labor Standards Division
1 This policy shall be interpreted to prohibit sexual harassment consistent with the guidance issued by the New York State Department of Labor in consultation with the New York State Division of Human Rights.