MONMOUTH OCEAN REGIONAL REALTORS® ASSOCIATION
ANTI-DISCRIMINATION AND ANTI-HARASSMENT POLICY

The Association is committed to a work environment that promotes equal employment opportunities and prohibits discriminatory practices, including harassment. Therefore, the Association expects that all relationships among persons in the workplace will be free of bias, prejudice and harassment. This policy applies to employees as well as volunteers providing services for or on behalf of the Association.

Equal Employment Opportunity

It is the policy of the Association to ensure equal employment opportunity without discrimination or harassment on the basis of race, creed, color, national origin, nationality, citizenship, ancestry, religion, sex (with or without sexual conduct), pregnancy, age, marital status, civil union status, domestic partnership status, affectional or sexual orientation, gender identity and/or expression, atypical hereditary cellular or blood trait, genetic information including the refusal to submit to a genetic test or refusal to provide genetic information, liability for military service, veteran status, mental or physical disability or perceived disability including AIDS and HIV related illnesses, or any other characteristic protected by federal, state or local law. This policy applies to all personnel actions and areas of employment, including recruitment, hiring, layoff or termination, promotion, compensation, transfer, benefits and any other terms and conditions of employment. The Association prohibits and will not tolerate any such discrimination. This means that the Association reserves the right to take disciplinary action or other corrective action, as it deems appropriate, to address discriminatory or harassing conduct that violates this policy.

The Association does not discriminate on the basis of gender in compensation or benefits for women or men who work in the same establishment and perform jobs that require equal skill, effort and responsibility and that are performed under similar conditions.

It is the policy of the Association to encourage employees to report legitimate questions or concerns about discrimination or harassment in the workplace without fear of reprisal. In order to enforce this policy, the Association has implemented the procedures set forth in subsection F.

[1] “Genetic information” includes:

Information about an individual's genetic tests;
Information about the genetic tests of a family member;
Family medical history;
Requests for, and receipt of, genetic services by an individual or a family member; and
Genetic information about a fetus carried by an individual or family member, or about an embryo legally held by the individual or family member using assisted reproductive technology.

Disability Accommodation Policy

The Association is committed to complying with all applicable provisions of the New Jersey Law Against Discrimination (“NJLAD”). It is the Association’s policy not to discriminate against any qualified individual with disabilities in job application procedures, hiring, firing, advancement, compensation, job training and other terms, conditions and privileges of employment.

Consistent with the requirements of the New Jersey Law Against Discrimination or other applicable state law, the Association will provide reasonable accommodations to qualified individuals with a disability, as defined by applicable law, who have made the Association aware of their disability, provided that such accommodations would not create an undue hardship on the Association. Requests for an accommodation or questions regarding this policy should be directed to the CEO or President of the Association.

Procedure for Requesting an Accommodation

Upon receipt of an accommodation request, the CEO or President will contact the employee to discuss and identify the precise limitations resulting from the disability and the potential accommodation that the Association might have to make to help overcome those limitations.

The Association will engage in an interactive process with the employee to identify an accommodation that will allow the employee to perform the essential functions of the job effectively or engage in other benefits and privileges of employment that are enjoyed by similarly situated employees without disabilities. The Association may request supporting medical information to determine which accommodations may be available or effective. In determining the feasibility of the requested accommodation, the Association will consider various factors, including but not limited to the nature and cost of the accommodation, the availability of tax credits and deductions, outside funding, the Association’s overall financial resources and organization, and the accommodation’s impact on the operations of the Association, including its impact on the ability of other employees to perform their duties and on the Association’s ability to conduct business.

The Association will inform the employee of its decision on the accommodation request or on how to make the accommodation. If the accommodation request is denied, the employee will be advised of his or her right to appeal the decision by submitting a written statement explaining the reasons for the request. If the request on appeal is denied, the decision is final.

The NJLAD does not require the Association to make the best possible accommodation, to reallocate essential job functions, or to provide personal use items (e.g., eyeglasses, hearing aids, wheelchairs, etc.).

An employee or job applicant who has questions regarding this policy, or believes that he or she has been discriminated against based on a disability, should notify the CEO or President. All such inquiries will be treated as confidential to the extent permissible by law.

Definitions of Harassment

Employees have a right to be free from discrimination in the workplace, including freedom from harassment of any kind. Specifically:

1. The Association prohibits, and will not tolerate, any harassment on the basis of any protected characteristic. Under this policy, harassment is verbal or physical conduct that denigrates or shows hostility or aversion toward an individual because of his or her race, color, religion, sex, national origin, age, disability, citizenship, sexual orientation, gender identity and/or expression, marital status or any other characteristic protected by federal, state or local law and that: (a) has the purpose or effect of creating an intimidating, hostile or offensive work environment; (b) has the purpose or effect of unreasonably interfering with an individual’s work performance; or (c) otherwise adversely affects an individual’s employment opportunities.

Examples of behaviors that may constitute a violation of this policy include but are not limited to:

(a) Treating an individual differently because of the individual’s race, color, national origin, or other protected category, or because an individual has the physical, cultural, or linguistic characteristics of a racial, religious or other protected category;

(b) Treating an individual differently because of marriage to, civil union to, or domestic partnership with a person of a certain race, religion, nationality or other protected category; or due to the individual’s membership in or association with an organization identified with the interests of a certain race, religion or other protected category; or because an individual’s name, or his or her spouse’s, civil union partner’s or domestic partner’s name, is associated with a certain racial, religious or other protected category;

(c) Calling an individual an unwanted nickname that refers to one or more of the protected categories, or telling jokes pertaining to one or more protected categories;

(d) Using derogatory references with regard to any of the protected categories in any communication;

(e) Engaging in threatening, intimidating or hostile acts in the workplace because that individual belongs to, or is associated with, any of the protected categories; or

(f) Displaying or distributing material in the workplace that contains derogatory or demeaning language or images pertaining to any of the protected categories.

2. Sexual harassment constitutes discrimination and is illegal under federal and state law. The Association prohibits, and will not tolerate, any such harassment. For the purposes of this policy, sexual harassment is defined, as in the Equal Employment Opportunity Commission Guidelines, as unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when, for example: (a) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; (b) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or (c) 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. Sex-based harassment not involving sexual activity or language may also constitute discrimination if it is severe and pervasive and directed at employees because of their sex.

Examples of prohibited behavior that may constitute sexual harassment include but are not limited to:

(a) Generalized gender-based remarks and comments;

(b) Unwanted physical contact such as intentional touching, grabbing, pinching, brushing against another’s body, or impeding or blocking movement;

(d) Visual contact, such as leering or staring at another’s body; gesturing; displaying sexually suggestive objects, cartoons, posters or pictures of scantily clad individuals; or displaying sexually suggestive material on a bulletin board or screen saver;

(e) Explicit or implicit suggestions of sex by a supervisor or manager in return for favorable employment action; or

(f) Continuing to engage in certain behaviors of a sexual nature after an objection has been raised by the target of such inappropriate behavior.

Individuals and Conduct Covered

This Anti-Discrimination and Anti-Harassment Policy applies to all applicants and employees, and prohibits discrimination, harassment and retaliation whether engaged in by fellow employees, by a supervisor, by any owner of the Association, or by someone not directly connected to the Association (e.g., an outside vendor, consultant, customer, or client). This policy specifically prohibits discrimination, harassment and retaliation perpetrated via email and/or social media, as well as via any other means. Conduct prohibited by this policy is unacceptable in the workplace and in any work-related setting outside of the workplace, such as during business meetings, conferences or training sessions, business conducted in other offices, work-related travel and work-related social events.

Retaliation Is Prohibited

The Association prohibits retaliation against any individual who reports discrimination or harassment or participates in an investigation of such reports. Retaliation against an individual for reporting or opposing discrimination or harassment or for filing a complaint, testifying or otherwise participating in an investigation of a claim of discrimination or harassment is a serious violation of this policy and, like discrimination or harassment itself, will be subject to disciplinary action, and possibly discharge.

Reporting and Complaint Procedure

Reporting an Incident of Harassment, Discrimination or Retaliation

The Association requires the reporting of all incidents of discrimination, harassment or retaliation, regardless of the alleged offender’s identity or position. Individuals who have experienced or observed conduct that they believe is contrary to the Association’s Anti-Discrimination and Anti-Harassment Policy or who have concerns about such matters should immediately notify one of the following before the conduct becomes severe or pervasive:

a. Monmouth Ocean Regional Realtors Association

All complaints received by the CEO or President will be forwarded to an independent third-party for review and investigation if necessary. Early reporting and intervention have proven to be the most effective method of resolving actual or perceived incidents of discrimination, harassment or retaliation. Therefore, while no fixed reporting period has been established, the Association strongly urges the prompt reporting of complaints or concerns immediately so that appropriate action can be taken as quickly as practicable. The Association will make every effort to stop alleged harassment before it becomes severe or pervasive, but can do so only with the cooperation of its employees.

IMPORTANT NOTICE TO ALL EMPLOYEES:

Employees who have experienced conduct they believe is contrary to this policy have a legal obligation to take advantage of this complaint procedure. An employee’s failure to fulfill this obligation could affect his or her right to pursue legal action. Also, federal, state and local discrimination laws establish specific time frames for initiating a legal proceeding pursuant to those laws.

The availability of this complaint procedure does not preclude individuals who believe they are being subjected to harassing conduct from promptly advising the offender that his or her behavior is unwelcome and requesting that it be discontinued.

The Investigation

Any reported allegations of harassment, discrimination or retaliation will be investigated promptly, thoroughly and impartially. The investigation may include individual interviews with the parties involved and, where necessary, with individuals who may have observed the alleged conduct or may have other relevant knowledge. Efforts will be made to conclude the investigation in as timely a manner as possible while ensuring that the investigation is thorough and complete. The party complaining of discrimination, harassment or retaliation will be informed of the results of the investigation.

All employees are expected to cooperate with the investigation. Failure to cooperate may result in administrative and/or disciplinary action.

Confidentiality will be maintained throughout the investigatory process to the extent consistent with adequate investigation and appropriate corrective action.

Responsive Action

Conduct that is inconsistent with this policy will be dealt with appropriately and promptly following the conclusion of the investigation. Responsive action may include, for example, training, referral to counseling, monitoring of the offender and/or disciplinary action such as a warning, a reprimand, the withholding of a promotion or pay increase, reduction of wages, demotion, reassignment, temporary suspension without pay and/or termination, as the Association determines to be appropriate under the circumstances.

This policy should not, and may not, be used as a basis for excluding or separating individuals of a particular sex, or any other protected characteristic, from participating in business or work-related social activities or discussions in order to avoid allegations of harassment. The law and the Association’s policies prohibit disparate treatment on the basis of sex or any other protected characteristic, with regard to the terms, conditions, privileges and perquisites of employment. The prohibitions against harassment, discrimination and retaliation are intended to complement and further these policies, not to form the basis of an exception to them.

False and malicious complaints of harassment, discrimination or retaliation may be the subject of appropriate disciplinary action.

Individuals who have questions about this Anti-Discrimination and Anti-Harassment Policy should speak with the CEO or President of the Association.

New Jersey Conscientious Employee Protection Act - “Whistleblower Act”
The New Jersey Conscientious Employee Protection Act (“CEPA”) prohibits an employer from taking any retaliatory action against an employee because the employee does any of the following:

1. Discloses, or threatens to disclose, to a supervisor or to a public body an activity, policy or practice of the employer, or another employer with whom there is a business relationship, that the employee reasonably believes:

a. is in violation of a law, or a rule or regulation issued under the law, including any violation involving deception of, or misrepresentation to, any shareholder, investor, client, customer, employee, former employee, retiree, or pensioner of the employer; or

b. is fraudulent or criminal, including any activity, policy or practice of deception or misrepresentation that the employee reasonably believes may defraud any shareholder, investor, client, customer, employee, former employee;

2. Provides information to, or testifies before, any public body conducting an investigation, hearing or inquiry into any violation of law, or a rule or regulation issued under the law, by the employer, or another employer with whom there is a business relationship, including any violation involving deception of, or misrepresentation to, any shareholder, investor, client, customer, or employee, former employee; or

3. Objects to or refuses to participate in any activity, policy or practice that the employee reasonably believes:

c. is incompatible with a clear mandate of public policy concerning the public health, safety or welfare, or protection of the environment.

The protection against retaliation, when a disclosure is made to a public body, does not apply unless the employee has brought the activity, policy or practice to the attention of a supervisor of the employee by written notice and has given the employer a reasonable opportunity to correct the activity, policy or practice. However, disclosure is not required where the employee is reasonably certain that the activity, policy or practice is known to one or more supervisors of the employer or where the employee reasonably fears physical harm as a result of the disclosure, provided that the situation is emergent in nature.

CONTACT INFORMATION

The Association has designated the following contact person to receive written notifications under the paragraph above and to answer your questions and provide information regarding your rights and responsibilities under the New Jersey Conscientious Employee Protection Act:

Primary Contact: the CEO or President of the Association

(a) Disclosure of Illegal Activity

If the notification that the employee provides meets the criteria under CEPA, the disclosure will be investigated. Corrective action will be taken if the results of the investigation reveal that the illegal or fraudulent activity occurred.

CEPA does not entitle the employee making the disclosure to be informed of the results of the investigation.

To the extent permitted by law, the Association will maintain the confidentiality of investigations conducted pursuant to this policy, including the identity of the employee who makes the disclosure.

(b) Retaliation Complaint and Investigation Procedure

Employees who believe that they have been retaliated against should notify the CEO or President of the Association. Claims of retaliation for taking actions protected under CEPA will be investigated.

Workplace Safety
The Association is committed to providing a clean, safe, and healthy work environment for its employees. Maintaining a safe work environment, however, requires the continuous cooperation of all employees. All employees must comply with all occupational safety and health standards and regulations established by the Occupational Safety and Health Act and state and local regulations. In addition, all employees are expected to obey safety rules and exercise caution and common sense in all work activities.
Complaint and Reporting Procedure:
Employees should immediately report any unsafe conditions to their supervisor without fear of reprisal. In the case of an accident that results in injury, regardless of how seemingly insignificant the injury may appear, employees must notify their supervisor. If you believe it would be inappropriate to report the matter to your supervisor, you can report it directly to:

Interim Chief Executive Officer – Joanne Conroy, 732-918-1340
President – Diane Traverso, 732-997-9336

Employees who violate safety standards, cause hazardous or dangerous situations, or fail to report or, where appropriate, remedy such situations may be subject to disciplinary action, up to and including termination of employment.
The Association expressly prohibits retaliation against anyone who reports unsafe working conditions or work-related accidents, injuries or illnesses. Any form of retaliation will be subject to disciplinary action, up to and including termination of employment.

I agree to abide by the terms and conditions stipulated in the ANTI-DISCRIMINATION AND ANTI-HARASSMENT POLICY. I acknowledge that I have received a copy of the Policy and have read its terms very carefully. I understand that my failure to abide by the terms of the Policy may result in my immediate dismissal from my volunteer governance position with the Association as well as my Good Standing membership status with the Monmouth Ocean Regional REALTORS®.

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MONMOUTH OCEAN REGIONAL REALTORS® ASSOCIATION ANTI-DISCRIMINATION AND ANTI-HARASSMENT POLICY