Date: Wed, 22 May 2002 13:18:53 -0400
From: Mimi Rosenberg 
MERosenberg@legal-aid.org

Subject: Anti-Discrimination Policy in the Stations

Please review the anti-discrimination policy I have drafted to serve
as a code of conduct for management and staff within the various
stations.  I would like feedback and hope that such a policy will soon
be adopted by the IPNB and be effectuated within the Pacifica
stations.

I would appreciate it if you could distribute this for me to both
listener list serves and station personnel.  Thank you.

--------------------------

I. Statement of Policy
 
  Pacifica/WBAI is committed to a work environment in which all
individuals are treated with respect and dignity.  Each individual has
the right to work in a professional atmosphere that promotes equality
of opportunities. WBAI  prohibits harassment or discrimination because
of race, religion, gender (with or without sexual conduct), color,
national origin, disability, sexual orientation, age or any other
basis protected by federal, state or local law, ordinance or
regulation.

II. Definition of Sexual Harassment

  For the purposes of this policy, sexual harassment is defined, as it
is in the Equal Employment Opportunity Commission Guidelines, as 
unwelcome or unwanted
sexual advances, request for sexual favors and other verbal or
physical conduct of a sexual nature when: 1) submission to such
conduct is made either explicitly or implicitly a term or condition of
an individual's employment; 2) submission to or rejection of such
conduct by an individual is used as the basis for employment decisions
affecting such individual; or 3) such conduct has the purpose or
effect of unreasonably interfering with an individual's work
performance or creating an intimidating, hostile or offensive working
environment.

III. Prohibition of Sexual Harassment and of All Behaviors That
Create a Hostile Working Environment

   A. No employee may make any tangible employment decision or take
any tangible employment action regarding another employee based on
harassment or discrimination prohibited by this policy.  Tangible
employee decisions and actions include but are not limited to actions
to terminate employment, disciplinary measures, reductions in air
time, material loss of benefits, materially diminished
responsibilities, denials of promotional opportunities, and/or
undesirable or unwanted assignments.

   B. No employee or group of employees may, by actions,  statements,
or behaviors that fall short of a tangible employment decision or
action, create a hostile work environment, are also impermissible
under WBAI policy.  WBAI will exercise reasonable care to prevent and
correct any harassing behavior before it rises to the level of
creating a hostile work environment.

   C. As described below, an employee who may be the victim of sexual
harassment, or of behaviors that do or could create a hostile working
environment, may use the complaint procedure described below, as well
as grievance or other remedies otherwise available to them.

IV.  Actions That Might Create A Hostile Work Environment

   A. A hostile working environment can be created in a number of ways,
which include:

   0.1 Unwelcome flirtations or sexual advances, including continuing
to express personal interest after it has not been reciprocated.  The
absence of objection does not constitute or imply that the behavior is
welcome, especially when there is a difference in job status between
the individuals.

   0.2 Slurs, jokes, statements, remarks questions, or gestures that
are derogatory or demeaning to an individual*s or group*s
characteristics or that promote negative stereotypes, including, for
example, that certain persons are *less qualified* or only present in
the workplace because of affirmative action.

   0.3 Visual displays (in hard copy or electronic medium, including
text, photographs, cartoons and drawings) of suggestive or degrading
images or stereotypes of any individual or group based on gender,
race, color, religion, national original sexual orientation, age or
disability.

   B. Sexual harassment may include a range of subtle and not so
subtle behavior and may involve individuals of the same or different
gender.  It is not possible to specify all the circumstances that may
constitute sexual harassment.  Sexual harassment may include, but is
not limited to: unwelcome or unwanted sexual advances; subtle or overt
pressure for sexual favors; sexual jokes or innuendos; sexual
propositions; verbal abuse of a sexual nature; graphic commentary
about an individual*s body; discussions of sexual prowess or sexual
deficiencies; leering whistling, touching, pinching, fondling,
assaulting or coercing sexual acts; suggestive, insulting or obscene
comments or gestures; or display in one*s office or work space of
sexually suggestive objective objects or pictures.  Under EEOC
Guidelines, behavior need not be explicitly *sexual* to constitute
sexual activity or language (e.g., male manager yells only at female
employees and not males) and may constitute discrimination if it is
sever or pervasive and directed at employees because of their sex.

   C. Behavior that would tend to make the working environment
unpleasant, inhospitable or hostile to employees of a given status --
whether male or female, or of a particular race, color, religion,
national origin, sexual orientation, age, disability or any other
characteristic protected by law -- is to be avoided at all times.

V. Consensual Relationships

WBAI does not seek to discourage consensual relationships between
willing partners who have freely chosen.  However, no person may take
advantage of a difference in status or authority to advance or promote
a romantic or sexual relationship.  It is essential for all employees
to understand that romantic or sexual relationships between
individuals who have significantly different status or authority may
lead to questions as to whether the relationship is truly consensual.
The respect and trust accorded an individual of greater status or
authority, as well as the power held by that individual in evaluating
performance or supervising, could diminish the extent to which the
other individual feels free to choose.

VI. Prohibition of Disparate Treatment

  This policy should not be used as a basis to exclude or separate
individuals of a particular gender, race, color, religion, national
origin, sexual orientation, age or disability from participating in
business or work-related social activities or discussions.  In other
words, no one should make the mistake of engaging in discrimination or
exclusion in order to avoid possible allegations of harassment.  The
law and this policy prohibit disparate treatment on the basis of
gender, race, color, religion, national origin, sexual orientation,
age, disability or any other characteristic protected by law with
regard to terms, conditions, privileges and perquisites of employment.
  This proscription of harassment and discrimination is intended to
complement and further that policy, not to form the basis for an
exception to it.

VII. Applicability of the Policy

  The prohibitions contained in this policy extend to all work and
work-related communications, activities, behavior, and media that
impact WBAI employees, including e-mail and office or work space
display of materials including, but not limited to, materials sent,
received or installed on a personal computer (games, screen savers or
other materials sent by e-mail, cartoons, pictures, objects, posters,
etc.) that insult, degrade or exploit others based on gender or other
characteristics protected by law, whether or not intended to have that
effect.  Behavior prohibited by this policy is also unacceptable in
any work-related setting outside, such as during business trips or
business-related social events.

VIII. Individuals Covered Under the Policy

  This policy is for the benefit of all applicants and employees of
WBAI, and is related to conduct engaged in by employees, management,
or others not directly connected with the organization, such as
outside vendors and consultants.

IX. Complaints, Information, and Questions

   A. Pacifica/WBAI has developed this policy to ensure that all
individuals can work in an environment free from harassment and
discrimination.  WBAI is committed to ensuring that all individuals
are familiar with this policy and that all complaints and questions
will be investigated, resolved, or otherwise addressed promptly and
appropriately.  All individuals covered under the policy are strongly
encouraged to report any concerns or complaints related to it.

   B. The investigation of complaints is the responsibility of the
senior managers of WBAI, with the advice and assistance of the Human
Resources Officer/Affirmative Action Officer.  The Human Resources
Officer/Affirmative Action Officer has the authority to make a report
directly to the General Manager and/or the Executive Director at any
point in the investigation process in the event that he or she
concludes that discrimination, harassment, or affirmative action
issues require attention at that level of the organization.

   C. Individuals who believe that any provision of this policy has
been violated may wish to consider telling the offender that his or
her behavior is unwelcome and asking that it stop.  If for any reason
an individual does not wish to confront the offender directly, or if
such a confrontation does not successfully end the offending behavior,
the individual should discuss these matters with any
supervisor/manager in his or her Department; with any member(s) of the
Anti-Discrimination Committee who have been specifically designated
and trained to receive such complaints; or directly with the Society*s
Human Resources Officer/Affirmative Action Officer.  An individual who
believes this policy may have been violated need not complain to or
confront any supervisor or employee who may be responsible for taking
the action(s) complained of.  In the event that a complaint involves
any individual who would otherwise be responsible for resolving it,
alternate arrangements will be made through the Human Resources
Officer/Affirmative Action Officer.  WBAI encourages any individual
with a complaint to come forward promptly so that prompt corrective
action may be taken.

   D. Retaliation against an individual for reporting harassment or
discrimination or assisting in providing information relevant to a
claim of harassment or discrimination is a serious violation of this
policy and will be treated with the same strict discipline as will the
harassment or discrimination itself.  Acts of retaliation should be
reported immediately and will be investigated promptly.  False and
malicious complaints of harassment or discrimination, as opposed to
complaints which, even if erroneous, are made in good faith, will be
the subject of appropriate disciplinary action.

   E. Misconduct constituting sexual or other unlawful harassment or
discrimination based on gender, race, color, religion, national
origin, sexual orientation, age, disability or other characteristic
protected by law will be dealt with appropriately.  Responsive action
may include, for example, training, referral to counseling and/or
disciplinary action such as warning, reprimand, or termination of
employment.  Principles of progressive corrective action/discipline
will be honored in all matters relating to this policy/procedure.