CFDA Anti-Harassment Policy
The California Funeral Directors Association (“CFDA”) recognizes that it is prudent and necessary to have a harassment policy in place. The following policy sets forth the guidelines for behavior in keeping with good moral practices and state and federal law. Further, it sets forth the process to investigate any harassment issues that are within the jurisdiction of CFDA to consider.
Threat of Physical Violence
Due to the potential for harm, any threat of physical violence by, or against, a covered individual will not be tolerated and will be addressed immediately and could result in local law enforcement being contacted.
CFDA is a volunteer led organization and its authority to resolve matters of harassment is limited to claims of harassment that occur during the conduct of duly authorized CFDA business, activities, and events. Covered individuals, as defined below, who are harassed outside duly authorized business, activities, and events of CFDA, even if the harassment is inflicted by another CFDA covered individual, does not fall within the purview of this process. State and Federal laws are in place to address incidents of harassment that occur outside CFDA purview. In some cases, incidents of harassment that are under the purview of CFDA may be deemed so egregious that involvement of state or federal authorities may be appropriate in order to safeguard the organization and covered individuals.
Abusive Language and/or Unprofessional Behavior: CFDA strives to maintain a respectful environment that supports member activity in a safe and comfortable atmosphere. Abusive language in any form (spoken, text, email etc.), or other unprofessional behavior, is harassment even if not covered in the protected classes under federal law, and will be handled as such.
The CFDA Anti-Harassment policy applies to all Members, employees, affiliates, associates, members of related or affiliated organizations, instructors, vendors, volunteers, and any third-party relationships with CFDA. CFDA is committed to providing a work environment free of harassment, disrespectful or other unprofessional conduct. Volunteer leaders play an important role in assuring this.
CFDA Discrimination, Harassment, and Retaliation Prevention
As further described below, CFDA policy and the law prohibit discrimination and harassment based on an individual’s race, ancestry, religion or religious creed (including religious dress and grooming practices), color, age (40 and over), sex, gender, sexual orientation, gender identity or expression, genetic information, national origin (including language use restrictions), marital status, medical condition (including cancer and genetic characteristics), physical or mental disability (including HIV and AIDS), military or veteran status, pregnancy, childbirth, breastfeeding and related medical conditions, denial of Family and Medical Care leave, or any other classification protected by federal, state, or local laws, regulations, or ordinances. Our policy and the law prohibit coworkers, supervisors, managers, members, vendors, customers, independent contractors and third parties, from engaging in such conduct.
Harassment Defined. “Harassment” as used in this policy includes disrespectful or unprofessional conduct based on any of the protected characteristics listed above. Harassment can be verbal (such as slurs, jokes, insults, epithets, gestures, or teasing), graphic (such as offensive posters, symbols, cartoons, drawings, computer displays, or emails) or physical conduct (such as physically threatening another person, blocking someone’s way, etc.). Such conduct violates this policy, even if it is not unlawful. Because it is difficult to define unlawful harassment, employees, vendors, members, customers, or any third party are expected to behave at all times in a professional and respectful manner.
Sexual Harassment Defined. “Sexual harassment” as used in this policy may include all of the above actions, as well as other unwelcome sex-based conduct (even if not motivated by sexual desire), such as unwelcome or unsolicited sexual advances, requests for sexual favors, conversations regarding sexual activities, or other verbal or physical conduct of a sexual nature.
Prohibited Conduct- Examples of conduct that violate 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 or comments based on any protected characteristic
Derogatory cartoons, posters, or drawings based on any protected characteristic
Uninvited touching of a sexual nature
Conduct or comments consistently targeted at only one gender, even if the content is not sexual
Teasing or other similar conduct directed toward a person because of any protected characteristic
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 who is engaging in the conduct
If you believe someone has violated this policy, please bring the matter to the attention of CFDA’s President or Executive Director. Further, any member who learns of any potential misconduct related to this policy must immediately report the matter so CFDA can try to resolve the claim internally.
As further described below, when an employee or other individual brings a complaint under this policy, CFDA’s complaint process ensures such complaints receive:
CFDA’s designation of confidentiality, to the extent possible;
A timely response;
An impartial and timely investigation by qualified personnel;
Documentation and tracking for reasonable progress;
Appropriate options for remedial actions and resolutions; and
When CFDA receives allegations of potential misconduct related to this policy, it will conduct a fair, timely, impartial, and thorough investigation, commensurate with the circumstances. The investigation will provide all parties appropriate due process and reach reasonable conclusions based on the evidence collected. To the extent possible, CFDA will endeavor to keep the reporting employee’s concerns and the investigation confidential. Of course, CFDA cannot promise complete confidentiality because there are circumstances in which it may need to speak with others about the complaint or investigation (for example, witnesses you identify). All those associated with CFDA are expected to fully cooperate with Society-initiated investigations. This includes, but is not limited to, maintaining an appropriate level of discretion regarding the investigation and disclosing any and all information that may be pertinent to the investigation. Upon completion of the investigation, if misconduct that violates this policy is found, CFDA will take appropriate remedial measures and preventive action.
CFDA asks that its leaders and/or members take advantage of this complaint process so CFDA can take steps to address and resolve harassment issues. However, leaders and members may also bring complaints to the California Department of Fair Employment and Housing or the Equal Employment Opportunity Commission. Contact information for these agencies in the phone book or on the Internet.
CFDA prohibits retaliation for reporting perceived violations of this policy, requesting a reasonable accommodation, or participating in the investigation of a complaint. Any CFDA leader or member who believes that someone has violated this policy against retaliation, should notify CFDA immediately as provided in “Reporting Complaints” above.
CFDA Electronic and Social Media Policy
All existing Society policies apply to employee use of computers, electronic communications, electronic information, and the Internet. This includes policies that deal with misuse of Society assets or resources. It is a violation of CFDA policy to use computers, electronic communications, electronic information, or the Internet, in a manner that: is discriminatory harassing or obscene; constitutes copyright or trademark infringement; violates obscene; constitutes copyright or trademark infringement; violates software licensing rules; is illegal; or is against CFDA policy. It is also a violation of policy to use computers, electronic communications, electronic information, or the Internet to communicate confidential or sensitive information or trade secrets.
The display of any kind of sexually explicit multimedia content, message, or document on any Society computer is a violation of CFDA’s policy against sexual harassment. This description of prohibited usage is not exhaustive, and it is within the discretion of CFDA to determine if there has been a violation of this policy. Employees that engage in prohibited use will be subject to discipline and/or immediate termination.
This Electronic and Social Media policy is not intended to limit the ability of employees to discuss with other employees the terms and conditions of their employment, including such topics as wages, job performance, workload, supervisors, or staffing.
The following are a few examples of how this policy would be applied.
Example 1: CFDA Purview
During an active CFDA Board Meeting, Member A gets into a heated debate with Member B which escalates into Member B harassing Member A for his religion and race by making disparaging remarks. This behavior is not acceptable and violates federal law as religion and race are protected classes. Member A makes a complaint against Member B to CFDA. CFDA can investigate this matter as it involves covered individuals during the duly authorized business of CFDA. CFDA can sanction Member B within the guidelines provided by CFDA Bylaws, procedures and policies.
Example 2: Outside CFDA Purview
The same argument occurs between Member A and Member B, however they are not at a CFDA event, they randomly run into each other at the grocery store two weeks after the board meeting. Member A files a complaint against Member B with CFDA. CFDA cannot resolve this complaint as it did not occur during or in connection with duly authorized CFDA business, activities or events. The fact that the two individuals are members of CFDA does not give CFDA authority to investigate or rule on the incident as it was outside of CFDA business.
Example 3: CFDA Purview
CFDA sets up an event at local Community College. Staff Member A is assisting with the event during which a CFDA vendor is providing tables and chairs for the event. Vendor gets into a discussion with Staff Member A and begins to comment on Member A’s appearance and suggests he or she might be interested in a drink and “whatever” after the event. Staff Member A is insulted and Vendor’s advances are unwanted. Staff Member A submits a complaint to CFDA. Because the incident involved a CFDA staff member and a vendor contracted by CFDA, during CFDA sponsored activity, the complaint can be considered by CFDA. CFDA can sanction the Vendor within the guidelines provided by CFDA Bylaws, procedures and policies.
Example 4: CFDA Purview
Two members are seated next to each other an official board meeting in session. Member A sends a text message to Member B referencing Member C. The text is derisive and uses curse words and graphics to convey Member A’s dissatisfaction with Member C’s work on a committee. Member C happens to see the text on Member B’s phone. Member C is offended by the language and upset that he/she is being undermined in his/her role on the committee. Member C submits a complaint to CFDA against Member A for harassment. The abusive language of one Member directed at another Member during CFDA business will be investigated by CFDA and CFDA can sanction the Member within the guidelines provided by CFDA Bylaws, procedures, and policies.