LiveTiles (Policy and Procedures) Flashcards
Understanding both the policies and procedures of the company, and policies used in HR.
NLRA
Also cited National Labor Relations Act or the Act; 29 U.S.C. §§ 151-169
[Title 29, Chapter 7, Subchapter II, United States Code]
Who authorizes employment at LiveTiles?
NO REPRESENTATIVE OR AGENT OF THE EMPLOYER, OTHER THAN THE CHIEF EXECUTIVE OFFICER AND THE PEOPLE & EXPERIENCE VICE PRESIDENT, CAN AUTHORIZE OR SIGN AN EMPLOYMENT AGREEMENT CONTRARY TO THE ABOVE TERMS OR OTHERWISE MAKE ANY BINDING OFFER OF EMPLOYMENT FOR A SPECIFIC TERM.
Anti-discrimination Laws
Title VII of the Civil Rights Act of 1964
prohibits discrimination in employment on the basis of race, color, sex, or ethnic origin; the Age Discrimination in Employment Act (ADEA) prohibits discrimination against employees 40 years and older; and the Americans with Disabilities Act (ADA) prohibits discrimination in employment on the basis of disabilities and requires that employers reasonably accommodate individuals with disabilities who can otherwise perform a job. As with other labor standards, independent contractors generally would not be covered by anti-discrimination laws.
Ways around anti-discrimination laws?
It is often alleged that companies can avoid liability for discriminatory behavior by using agency temporaries, leased employees, or contract company workers in lieu of their own staff.
However, the client firm may also bear some liability. For instance, the ADA specifically prohibits a business from participating in an arrangement that results in the discrimination against a disabled applicant or worker; thus, both the client and the staffing firm are legally liable for discrimination under ADA.22
Some examples of prohibited unlawful harassment include, but are not limited to, the following:
Verbal and written conduct such as epithets, derogatory comments, slurs, unwanted sexual solicitations, or unwanted comments and jokes, whether expressed verbally or in text messages, e-mails, messaging platforms or social media postings;
▪ Visual conduct such as derogatory or harassing photographs, videos, cartoons, drawings or gestures;
▪ Physical conduct such as touching, blocking normal movement, restraining, or otherwise physically interfering with the work of another individual;
▪ Threatening or demanding that an individual submit to certain conduct or perform certain actions in order to keep or get a job, to avoid some other loss, or as a condition of job benefits, security or promotion; and
▪ Retaliation by any of the above means for having reported harassment or discrimination, or having assisted another employee to report harassment or discrimination.
Sexual Harassment policy (1 & 2)
- LiveTiles’ policy applies to all employees, applicants for employment, interns, whether paid or unpaid, contractors and persons conducting business, regardless of immigration status, with LiveTiles. In the remainder of this document, the term “employees” refers to this collective group.
- Sexual harassment will not be tolerated. Any employee or individual covered by this policy who engages in sexual harassment or retaliation will be subject to remedial and/or disciplinary action (e.g., counseling, suspension, termination).
2 A non-employee is someone who is (or is employed by) a contractor, subcontractor, vendor, consultant, or anyone providing services in the workplace. Protected non-employees include persons commonly referred to as independent contractors, “gig” workers and temporary workers. Also included are persons providing equipment repair, cleaning services or any other services provided pursuant to a contract with the employer.
Sexual Harassment policy (3)
Retaliation Prohibition: No person covered by this Policy shall be subject to adverse action because the employee reports an incident of sexual harassment, provides information, or otherwise assists in any investigation of a sexual harassment complaint. LiveTiles will not tolerate such retaliation against anyone who, in good faith, reports or provides information about suspected sexual harassment. Any employee of LiveTiles who retaliates against anyone involved in a sexual harassment investigation will be subjected to disciplinary action, up to and including termination.
All employees, paid or unpaid interns, or non-employees working in the workplace who believe they have been subject to such retaliation should inform a supervisor, manager, or the Chief Executive Officer of LiveTiles. All employees, paid or unpaid interns or non-employees who believe they have been a target of such retaliation may also seek relief in other available forums, as explained below in the section on Legal Protections.
who should you inform if you feel subject to sexual harassment?
supervisor, manager, or the Chief Executive Officer of LiveTiles
Sexual Harassment policy (4)
Sexual harassment is offensive, a violation of our policies, unlawful and may subject LiveTiles to liability for harm to targets of sexual harassment. Harassers may also be individually subject to liability. Employees of every level who engage in sexual harassment, including managers and supervisors who engage in sexual harassment or who allow such behavior to continue, will be penalized for such misconduct.
Sexual Harassment policy (5)
LiveTiles will conduct a prompt and thorough investigation that ensures due process for all parties, whenever management receives a complaint about sexual harassment, or otherwise knows of possible sexual harassment occurring. LiveTiles will keep the investigation confidential to the extent possible. Effective corrective action will be taken whenever sexual harassment is found to have occurred. All employees, including managers and supervisors, are required to cooperate with any internal investigation of sexual harassment.
Sexual Harassment policy (6)
All employees are encouraged to report any harassment or behaviors that violate this policy. LiveTiles will provide all employees a complaint form for employees to report harassment and file complaints.
Sexual Harassment policy (7)
Managers and supervisors are required to report any complaint that they receive, or any harassment that they observe or become aware of, to LiveTiles.
Sexual Harassment policy (8)
This policy applies to all employees, paid or unpaid interns, and non-employees and all must follow and uphold this policy. This policy must be provided to all employees and should be posted prominently in all work locations to the extent practicable (for example, in a main office, not an offsite work location) and be provided to employees upon hiring.
What is Sexual Harassment?
Sexual harassment is a form of sex discrimination and is unlawful under federal, state, and (where applicable) local law. Sexual harassment includes harassment on the basis of sex, sexual orientation, gender identity and the status of being transgender.
Sexual harassment includes unwelcome conduct which is either of a sexual nature, or which is directed at an individual because of that individual’s sex when:
Examples Of Sexual Harassment
• Physical assaults of a sexual nature, such as:
o Touching, pinching, patting, grabbing, brushing against another employee’s body or
poking another employees’ body; and
o Rape, sexual battery, molestation or attempts to commit these assaults.
• Unwanted sexual advances or propositions, such as:
o Requests for sexual favors accompanied by implied or overt threats concerning the victim’s job performance evaluation, a promotion or other job benefits or detriments; and
Supervisory Responsibilities
All supervisors and managers who receive a complaint or information about suspected sexual harassment, observe what may be sexually harassing behavior or for any reason suspect that sexual harassment is occurring, are required to report such suspected sexual harassment to the People and Experience team.
In addition to being subject to discipline if they engaged in sexually harassing conduct themselves, supervisors and managers will be subject to discipline for failing to report suspected sexual harassment or otherwise knowingly allowing sexual harassment to continue.
Supervisors and managers will also be subject to discipline for engaging in any retaliation.
Investigations should be done in accordance with which following steps:
- Upon receipt of the complaint, LiveTiles will conduct an immediate review of the allegations, and take any interim actions, as appropriate.
- Request and review all relevant documents, including all electronic communications.
- Interview all parties involved, including any relevant witnesses.
- Create a written documentation of the investigation (such as a letter, memo or email), which contains the following:o A list of all documents reviewed, along with a detailed summary of relevant documents; o A list of names of those interviewed, along with a detailed summary of their statements; o A timeline of events;o A summary of prior relevant incidents, reported or unreported; ando The basis for the decision and final resolution of the complaint, together with any corrective actions action(s).
- Keep the written documentation and associated documents in a secure and confidential location.
- Promptly notify the individual who complained and the individual(s) who responded of the final determination and implement any corrective actions identified in the written document.
- Inform the individual who complained of their right to file a complaint or charge externally as outlined below.
Legal Protections and External Remedies
What can individuals do?
Sexual harassment is not only prohibited by LiveTiles but is also prohibited by state, federal, and, where applicable, local law.
Aside from the internal process at LiveTiles, employees may also choose to pursue legal remedies with the following governmental entities. While a private attorney is not required to file a complaint with a governmental agency, you may seek the legal advice of an attorney.