Non-Discrimination

Policy 3.3

 Friends of JCDS (FOJCDS) does not and shall not discriminate based on race, color, religion (creed), gender, gender expression, age, national origin (ancestry), disability, marital status, sexual orientation, or military status, in any of its activities or operations. These activities include, but are not limited to, hiring and firing of employees, selection of volunteers and vendors, and provision of services. We are committed to providing an inclusive and welcoming environment for all employees, clients, volunteers, subcontractors, vendors, and service recipients.

Friends of JCDS is an equal opportunity employer. We will not discriminate and will take affirmative action measures to ensure against discrimination in employment, recruitment, advertisements for employment, compensation, termination, upgrading, promotions, and other conditions of employment against any employee or job applicant based on race, color, religion (creed), gender, gender expression, age, national origin (ancestry), disability, marital status, sexual orientation, or military status.

Procedures

• Friends of JCDS does not tolerate harassment of our job applicants, contractors or employees by any employee, supervisor, vendor, customer, or any third party. Any form of harassment based on race, color, religion (creed), gender, gender expression, age, national origin (ancestry), disability, marital status, sexual orientation, or military status, or any other classification protected by applicable federal, state, or local laws and ordinances is strictly
  • Harassment Defined. Harassment as defined in this policy is unwelcome verbal, visual or physical conduct, based on an individual’s protected characteristic, creating an intimidating, offensive, or hostile environment interfering with work performance.  Harassment can be verbal (including slurs, jokes, insults, epithets, gestures or teasing), graphic (including offensive posters, symbols, cartoons, drawings, computer displays, or e-mails) or physical conduct (including physically threatening another, blocking someone’s way, etc.) that denigrates or shows hostility or aversion toward an individual because of any protected characteristic.  Such conduct violates this policy, even if it is not unlawful.  Because it is difficult to define unlawful harassment, employees are expected to behave at all times in a professional and respectful manner.
  • Sexual Harassment Defined. Sexual harassment can include all of the above actions, as well as other unwelcome conduct, such as unwelcome or unsolicited sexual advances, requests for sexual favors, conversations regarding sexual activities and other verbal or physical conduct of a sexual nature.
  • Examples of conduct which violates this policy include:
• unwelcome sexual advances, flirtations, advances, leering, whistling, touching, pinching, assault, blocking normal movement
• requests for sexual favors or demands for sexual favors in exchange for favorable treatment
• obscene or vulgar gestures, posters, or comments
• sexual jokes or comments about a person’s body, sexual prowess, or sexual deficiencies
• propositions, or suggestive or insulting comments of a sexual nature
• derogatory cartoons, posters, and drawings
• sexually-explicit e-mails or voicemails
• uninvited touching of a sexual nature
• unwelcome sexually-related comments
• conversation about one’s own or someone else’s sex life
• conduct or comments consistently targeted at only one gender, even if the content is not sexual
• teasing or other conduct directed toward a person because of the person’s gender
• All such conduct is unacceptable in the workplace and in any work-related settings such as business trips and business-related social functions, regardless of whether the conduct is engaged in by a supervisor, co-worker, client, customer, vendor, or other third party.
• This policy is intended to ensure the environment at FOJCDS is free from Anyone who believes someone has violated this policy should promptly bring the matter to the immediate attention of the Chair or President of FOJCDS Board of Directors.
• Friends of JCDS will promptly investigate the facts and circumstances of any claim of harassment. To the extent possible, we will endeavor to keep the reporting individual’s concerns confidential; however, confidentiality cannot be guaranteed.  Friends of JCDS’ employees must cooperate in all investigations.
• Upon completion of the investigation, FOJCDS will take corrective measures against any person who has engaged in conduct in violation of this policy. These measures may include, but are not limited to, counseling, suspension, termination of employment or a contract, or loss of other privileges.
• No employee or member of the public will be subject to, and FOJCDS prohibits, any form of discipline or retaliation for reporting perceived violations of this policy in good faith, pursuing any such claim, or cooperating in any way in the investigation of such claims in good faith. Anyone who believes someone has violated this non-retaliation policy should bring the matter to the immediate attention of the Chair or President of FOJCDS Board of Directors.
• Friends of JCDS cannot remedy claimed harassment or retaliation unless these claims are brought to the attention of management. Failure to report claims of harassment and/or retaliation prevents us from taking steps to remedy the problem.
• Reasonable accommodation of people with disabilities
• Friends of JCDS offers reasonable accommodations to job applicants and employees with known physical or mental disabilities who are able to perform the essential functions of the position with or without reasonable accommodation.
• Friends of JCDS will endeavor to provide reasonable accommodation to otherwise qualified job applicants and employees with known physical or mental disabilities, unless doing so would impose an undue hardship.
• An applicant or employee who believes they need a reasonable accommodation of a disability should raise the potential need for accommodation with their direct supervisor, or with the Chair or President of FOJCDS Board of Directors.
• Reasonable accommodation of peoples’ religious beliefs and practices
• Friends of JCDS offers reasonable accommodations to job applicants and employees with sincere religious beliefs or practices who are able to perform the essential functions of the position with or without reasonable accommodation.
• Friends of JCDS will endeavor to provide reasonable accommodation to otherwise qualified job applicants and employees, unless doing so would impose an undue hardship.
• An applicant or employee who believes they need a reasonable accommodation of a sincere religious belief or practice should raise the potential need for accommodation with their direct supervisor or with the Chair or President of FOJCDS Board of Directors.

Friends of JCDS

Whistle-Blower/Code of Conduct Policy

Policy 3.4

In keeping with the policy of maintaining the highest standards of conduct and ethics, Friends of JCDS (FOJCDS) will investigate any suspected fraudulent or dishonest use or misuse of FOJCDS resources or property by employees, board members, consultants and/or volunteers. Friends of JCDS is committed to maintaining the highest standards of conduct and ethical behavior and promotes a working environment which values respect, fairness, and integrity. All employees, board members, consultants and/or volunteers shall act with honesty, integrity, and openness in all their dealings as representatives for the organization and comply with all applicable laws and regulations. Failure to follow these standards will result in disciplinary action including possible termination of employment, dismissal from one’s board or volunteer duties, and possible civil or criminal prosecution if warranted.

Employees, board members, consultants and/or volunteers are encouraged to report suspected fraudulent or dishonest conduct (i.e., to act as a “whistle-blower” see definitions section), pursuant to the procedures set forth below.

Procedures

1. Reporting

A person’s concerns about possible fraudulent or dishonest use or misuse of resources or property should be reported to their supervisor or, if suspected by a consultant and/or volunteer, to the supporting employee of their work/project.

If for any reason a person finds it difficult to report their concerns to their supervisor or the supporting employee, the person may report their concern(s) directly to one of the following:

• Board Chair
• Finance Chair
• Chief Executive Officer (CEO)

Alternatively, to facilitate reporting of suspected violations where the reporter wishes to remain anonymous, a written statement may be submitted to one of the individuals listed above.

Definitions:

Baseless Allegations: Allegations made with reckless disregard for their truth or falsity. People making such allegations may be subject to disciplinary action by FOJCDS and/or legal claims by individuals accused of such conduct.

Fraudulent or Dishonest Conduct: A deliberate act or failure to act with the intention of obtaining an unauthorized benefit. Examples of such conduct include, but are not limited to:

• Forgery or alternation of documents;
• Unauthorized alteration or manipulation of computer files;
• Fraudulent financial reporting;
• Pursuit of a benefit or advantage in violation of FOJCDS Conflict of Interest, Policy 3.2;
• Misappropriation or misuse of FOJCDS resources, such as funds, supplies or other assets;
• Authorizing or receiving compensation for goods not received or services not performed; and/or
• Authorizing or receiving compensation for hours not worked.

Whistle-Blower: An employee, board member, consultant and/or volunteer who informs a supervisor and/or supporting employee, Board Chair, Finance Chair, or Chief Executive Officer about an activity relating to FOJCDS which that person believes to be fraudulent or dishonest.

Rights and Responsibilities

Supervisors and/or supporting employees are required to report suspected fraudulent or dishonest conduct to the Board Chair, Finance Chair, or Chief Executive Officer of FOJCDS.

Reasonable care should be taken in dealing with suspected misconduct to avoid:

• Baseless allegations.
• Premature notice to persons suspected of misconduct and/or disclosure of suspected misconduct to others not involved with the investigation; and/or
• Violations of a person’s rights under law.

Due to the important yet sensitive nature of the suspected violations, an effective professional follow-up is critical. Supervisors and/or supporting employees, while appropriately concerned about “getting to the bottom” of such issues, should not in any circumstances perform any investigative or other follow-up steps on their own. Accordingly, a supervisor and/or supporting employee who becomes aware of suspected misconduct (unless specifically directed):

• Should not contact the person suspected to further investigate the matter or demand restitution.
• Should not discuss the case with attorneys, the media, or anyone other than the Board Chair, Finance Chair, or Chief Executive Officer of FOJCDS.
• Should not report the case to an authorized law enforcement officer without first discussion of the case being with the Board Chair, Finance Chair, or Chief Executive Officer of FOJCDS.

1. Investigation

All relevant complaints, including suspected but unproved complaints, will be reviewed, and analyzed with documentation of the receipt, retention, investigation, and treatment of the complaint. Appropriate corrective action will be taken, if necessary, and findings will be communicated back to the reporting person and their supervisor and/or supporting employee. Some investigations may warrant an additional investigation by an independent person such as auditors and/or attorneys.

1. Whistle-Blower Protection

Friends of JCDS will protect whistle-blowers as defined below:

• Friends of JCDS will use its best efforts to protect whistle-blowers against retaliation. Whistle-blower complaints will be handled with sensitivity, discretion, and confidentiality to the extent allowed by the circumstances of the complaint and the law.
  • Generally, this means whistle-blower complaints will only be shared with those who have a need to know so FOJCDS can conduct an effective investigation and determine what actions to take based on the results of the investigation, and in appropriate cases, with law enforcement personnel. (Should disciplinary or legal action be taken against a person or persons because of a whistle-blower complaint, such person(s) may also have the right to know the identity of the whistle-blower.)
• Employees, board members, consultants and/or volunteers of FOJCDS may not retaliate against a whistle-blower for reporting an activity in which the whistle-blower believes to be fraudulent or dishonest with the intent or effect of adversely affecting the terms or conditions of the whistle-blower’s employment, including but not limited to, threats of physical harm, loss of job, punitive work assignments, or impact on salary or fees. Whistle-blowers who believe they have been retaliated against may file a written complaint with the Board Chair, Finance Chair, or Chief Executive Officer of FOJCDS. Any complaint of retaliation will be promptly investigated; and appropriate corrective measures taken if allegations of retaliation are substantiated. This protection from retaliation is not intended to prohibit supervisors and/or supporting employees from acting, including disciplinary action, in the usual scope of their duties and based on valid performance-related factors.
• Whistle-blowers must be cautious to avoid baseless allegations (as defined earlier in the definitions section of the policy).