York; call 311 or (212) 306-7450; or visit www.nyc.gov/html/cchr/html/home/home.shtml.
If the harassment involves physical touching, coerced physical confinement or coerced sex acts, the conduct may constitute a crime. Employees should contact the local police department immediately if this is the case.
Adoption of this policy does not constitute a conclusive defense to charges of unlawful sexual harassment. Each claim of sexual harassment will be determined in accordance with existing legal standards, with consideration of the particular facts and circumstances of the claim, including but not limited to the existence of an effective anti-harassment policy and procedure.
This policy and applicable law prohibit retaliation against any employee for opposing a discriminatory practice, for filing a complaint of discrimination or harassment pursuant to AIM’s complaint procedure or for filing, testifying, assisting or participating in any manner in any investigation, proceeding or hearing conducted by a governmental enforcement agency. Retaliation includes any conduct, whether or not workplace or employment-related, directed at someone because they opposed a discriminatory practice, made a complaint of discrimination, or participated in such an investigation, which might deter a reasonable worker from making or supporting a charge of discrimination.
Retaliation is a profoundly serious violation of AIM’s Policy and should be reported immediately. Any employee or agent of AIM found to have retaliated against any employee for the good faith reporting of discrimination under this Policy will be deemed to have violated this Policy and WILL be subject to disciplinary action, up to and including termination.
As noted in AIM Services’ Anti-Harassment/Non-Discrimination Policy, AIM Services, Inc. expects that all relationships among employees throughout the Agency will be free of bias, prejudice, discrimination, and harassment. As part of that policy, AIM will not take adverse employment action against employees based on decisions related to their reproductive health decision making. New York law prohibits employers from discriminating against or taking retaliatory action against an employee with respect to compensation, terms, conditions or privileges of employment because of or on the basis of the employees, or their dependent’s, reproductive health decision making. “Reproductive health decision making” includes, but is not limited to, the decision to use or access a particular drug, device or medical services related to reproductive health. As a result, AIM will not take any actions against employees based on decisions such as obtaining fertility-related medical procedures, using birth control drugs or contraceptive devices, or having an abortion, amongst other reproductive health decisions.
In addition, AIM Services will not access an employee’s personal information regarding the employee’s or employee’s dependents, reproductive health decision making without the employee’s prior informed affirmative written consent. AIM Services will also not require an employee to sign a waiver or other document that attempts to deny him/her the right to make their own reproductive health decisions.
Employees have a right to file a claim in court against AIM Services should we violate the prohibition on discrimination based on reproductive health decision making. AIM shall not retaliate against employees who exercise this right, including discharging, suspending, demoting or otherwise penalizing an employee for engaging in these protected actions. As such, employees may: (1) make or threaten to make a complaint to an employer, a co-worker, or to a public body, that AIM Services violated the law; (2) cause to be instituted any proceeding under the law; or (3) provide information to or testify before any public body conducting an investigation, hearing or inquiry into any alleged violation of the law.