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  • About
    • Membership
    • News
    • Boards and Committees
    • Alice Dittman Trailblazer Award
    • NBA Foundation
    • Leadership Program
    • Staff Directory >
      • Contact Us
  • Workforce
    • Careers
    • Post Job Openings
  • Advocacy
    • Legislative Update
    • BankPAC
    • Comment Letters
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    • Handbook
    • Compliance Update
    • Compliance Alliance
  • Education
    • Event Calendar
    • In-person Events/Training
    • Webinars
    • ABA Training
    • Banking Schools
    • CYBERSECURITY TRAINING
    • Sponsorships and Exhibits
    • Young Bankers (YBON)
  • Insurance
    • Agency Services >
      • Commercial Insurance
      • Personal Insurance
      • Livestock, Irrigation and Farm Insurance
      • Surety Bonds
    • Bank Property & Liability
    • Financial Institution Insurance
    • Benefit Plans
  • Bank Resources
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    • Associate Members
    • Marketing Resources
    • Financial Literacy
    • Single Bank Pooled ​Collateral Program
    • Bank Security
    • Compensation & Benefits Survey

MEMORANDUM TO SUPERVISORS ON SEXUAL HARASSMENT

Memorandum

DATE:    CURRENT DATE

TO:        Supervisors

FROM:   CEO

RE:        Sexual Harassment

It is the policy of the BANK to provide an environment free from unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct or communication constituting sexual harassment. The purpose of this policy statement is to establish clearly and unequivocally that the BANK prohibits sexual harassment by and of its employees and to set forth procedures by which allegations of sexual harassment may be filed, investigated and adjudicated.

Sexual harassment is misconduct which interferes with work productivity and deprives employees of the opportunity to work in an environment free from unsolicited and unwelcome sexual overtones. Sexual harassment includes all unwelcome sexual advances and sexually oriented communication, requests for sexual favors and other such verbal or physical misconduct. Sexual harassment is a prohibited practice and is a violation of the law.

The U.S. Equal Employment Opportunity Commission has issued guidelines interpreting Section 703 of Title VII as prohibiting sexual harassment. Sexual harassment is defined in those guidelines as follows:

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical misconduct of a sexual nature constitutes sexual harassment when

  1. Submission to such conduct is made either explicitly or implicitly a term or condition 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.

It shall be a violation of BANK policy to harass another employee sexually or to permit the sexual harassment of an employee by a non-employee. Sexual harassment may take many forms, including, but not limited to:

  1. Verbal harassment or abuse including unwelcome sexually oriented communication;
     
  2. Subtle pressure or requests for sexual activity;
     
  3. Unnecessary touching of an individual, e.g., patting, pinching, hugging, brushing against another person’s body;
     
  4. Requesting or demanding sexual favors accompanied by implied or overt threats concerning an individual’s employment; or
     
  5. Requesting or demanding sexual favors accompanied by implied or overt promise of preferential treatment with regard to an individual’s employment.

The BANK can be held responsible for acts of sexual harassment by supervisors and agents regardless of whether their supervisors knew or should have known of the harassment. The BANK can be held responsible for acts of sexual harassment between co-worker when supervisors knew or should have known of the misconduct. The BANK can also be held responsible for sexual harassment of employees by non-employees when supervisors or agents knew or should have known of the misconduct and failed to take immediate and appropriate corrective action.

Supervisors must be especially alert to actions which may constitute sexual misconduct, whether such actions are complained of or not. Such misconduct and allegations of sexual harassment shall be fully investigated and corrective or disciplinary action taken, up to and including dismissal from employment.

In meetings with employees or counseling sessions with individuals relating to sexual harassment, the supervisor should state that an employee who believes that harassment exists or has a grievance or a question is free and, in fact encouraged, to discuss the matter with or report the complaint to his or her supervisor or any other supervisor. If the supervisor is the offending person, the aggrieved person should report to the next higher level of management.

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Nebraska Bankers Association

233 South 13th Street, Suite 700
Lincoln, NE 68508
​402-474-1555
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