Anti-Harassment and Misconduct Policy

1. Scope

This Policy applies to all Management Sciences for Health (“MSH”) directors, officers, employees, contractors, consultants and/or representatives acting on behalf of MSH (collectively “MSH Representatives”) while in any work-related settings including, but not limited to, business trips and/or business-related social events.

Further, MSH property, including telephones, copy and facsimile machines, computers, and computer applications, such as e-mail and Internet access, may not be used to engage in conduct that violates this policy.

2. Importance of This Policy

MSH is committed to maintaining a work environment that is free from harassment including, but not limited to, harassment based on race, color, religion, sex, national origin, age, disability, sexual orientation, gender identity, pregnancy, ancestry, status as a veteran, military service, genetic information, or any other characteristic protected by law. 

3. Policy Statements

MSH Representatives are expected to behave professionally and to exercise good judgment in work-related relationships, whether with fellow employees, business colleagues, and/or members of the public with whom they come into contact in the course of work duties.

MSH Representatives are expected to take appropriate measures to prevent harassment. Unwelcome behavior of any nature should be stopped before it becomes severe or pervasive and rises to a violation of law or of this policy.

Use of demeaning or derogatory names, epithets and slang; and remarks (whether verbal or written), gestures, jokes, cartoons and/or pictures with racial themes or insulting stereotypes; are inappropriate, unlawful, and will not be tolerated.

Some of the specific types of harassment prohibited by this policy include, but are not limited to:

Sexual Harassment

Sexual harassment of employees occurring in the workplace or in other settings in which employees may find themselves in connection with their employment or with co-employees is unlawful and will not be tolerated by MSH.

Unwelcome sexual advances, requests for sexual favors, and/or other verbal or physical conduct of a sexual nature constitute sexual harassment when:

• submission to or rejection of such advances, requests or conduct is made either explicitly or implicitly a term or condition of employment or as a basis for employment decisions; or
• such advances, requests or conduct have the purpose or effect of unreasonably interfering with an individual’s work performance by creating an intimidating, hostile, humiliating or sexually offensive work environment.

Although it is not possible to list all the behaviors that may constitute sexual harassment, the following are some examples:

• Unwelcome sexual advances or sexually suggestive gestures, whether or not they involve physical touching.
• Requests for sexual favors in exchange for actual or promised job benefits.
• Coerced sexual acts.
• Verbal abuse of a sexual nature.
• The use of sexual epithets or jokes, sexual pranks, or repeated sexual teasing, or innuendo, in person or via e-mail, texting or messaging.
• Written or verbal references to sexual conduct.
• Repeatedly standing too close, brushing up against a person.
• Repeatedly asking a person to socialize during off-duty hours when the person has said no or has indicated he or she is not interested.
• Gossip regarding an individual’s sex life.
• Sexually oriented comments regarding an individual’s body or appearance.
• Comments about an individual’s sexual activity, deficiencies, or prowess.
• Displaying sexually suggestive objects, pictures, or cartoons.
• Unwelcome leering, whistling, touching, sexual gestures, suggestive or insulting comments
• Inquiries or discussions regarding one’s sexual experiences.

A victim of sexual harassment can be a man or a woman. The victim can be of the same sex as the harasser. The harasser can be a supervisor, co-worker, other employee, or a non-employee who has a business relationship with the employee.

Even if statements or conduct of a sexual nature do not constitute a violation of the law, if such statements or conduct would be reasonably expected to have a negative effect on the work experience of employees, such conduct may be found to violate this policy.

Other forms of harassment

In addition to sexual harassment, other forms of harassment including harassment based on race, national origin, and disability are unlawful and are not tolerated by MSH. While it is not possible to list all the behaviors that may constitute every kind of non-sexual harassment, the following are some examples:

Racial Harassment  

• References to race as a part of an insult that otherwise would be racially neutral.
• Pictures of animals as similar depictions of race.
• Making or displaying of nooses in the workplaces.
• Display of the Confederate flag in the workplace.

National Origin Harassment

• Ordering employees to only speak English in the workplace.
• Complaining about or imitating employee accents.

Disability Harassment

• Assigning workers with disabilities tasks beyond her/his physical limitations.
• Making accommodations that unreasonably draw attention to a worker with a disability.
• Ostracizing workers with disabilities.
• Refusing workers with disabilities overtime work opportunities.

Reporting and Anti-retaliation

MSH Representatives who observe, are informed of, or reasonably suspect incidents of possible harassment must immediately report such incidents via any of the following methods:  

• Contacting their supervisor or any other supervisor with whom they feel comfortable.
• Contacting their MSH HR Partner
• Contacting Colleen McGuffin, Chief People and Culture Officer (cmcguffin@msh.org /(1) 617-250-9292)
• Contacting Paul M. Zimmerman, General Counsel (pzimmermanr@msh.org / (1) 703-310-3446)
• Filing a report online at www.msh.ethicspoint.com,
• Calling the Ethics Point reporting hotline at +1-888-418-0936.
  

Reports may be made anonymously, but MSH Representatives are encouraged to share as much information as possible so that MSH can take appropriate action. MSH will seek to protect the identities of the alleged victim and harasser, except as reasonably necessary (for example, to complete an investigation successfully).

While MSH Representatives are encouraged to report claims internally, if an MSH Representative believes that he or she has been subjected to sexual harassment, he or she may file a formal complaint with any of the government agencies set forth below. Using MSH’s complaint process does not prohibit an MSH Representative from filing a complaint with any of these agencies.

Massachusetts

Massachusetts Commission Against Discrimination
Boston Office
1 Ashburton Place, Room 601
Boston, MA 02108
(617) 994-6000

Equal Employment Opportunity Commission
John F. Kennedy Federal Building,
475 Government Group
Boston, MA 02203
(800) 669-4000

Virginia/DC

Virginia Human Rights Council
1220 Bank Street
Jefferson Building, 3rd Floor
Richmond, VA 23218
(804) 225-2292

Equal Employment Opportunity Commission
131 M Street, NE
Fourth Floor, Suite 4NW02F
Washington, DC 20507- 0100
(800) 669-4000

New York

NYS Division of Human Rights
One Fordham Plaza, Fourth Floor
Bronx, New York 10458
(718) 741-8400, (888) 392-3644 
www.dhr.ny.gov/complaint

US Equal Employment Opportunity Commission
33 Whitehall Street, 5th Floor
New York, NY 10004
800-669- 6820

MSH will promptly and thoroughly investigate all reports of harassment as discreetly and confidentially as is practicable.

Any violation of this Policy, including failure to report suspected wrongdoing, is cause for disciplinary action up to and including termination of employment. Disciplinary action may include but is not limited to, verbal or written warning, demotion, suspension (with or without pay), and any other action deemed appropriate under the circumstances.

HR will provide guidance as needed to handle any potential harassment, and will guide supervisors to take effective measures to ensure no further actual or alleged harassment occurs while the potential harassment is being investigated.

If MSH receives an allegation of harassment, or has reason to believe harassment has occurred, it will take the necessary steps to ensure the matter is promptly investigated and addressed. If the allegation is determined to be credible, MSH will take immediate and effective measures to end the unwelcome behavior. MSH is committed to taking action when it learns of harassment and/or possible harassment, even no formal complaint has been filed.  

It is unlawful to retaliate against someone for filing a complaint of harassment or for cooperating in an investigation of a complaint of harassment. Retaliation can take many forms, including threats, intimidation, harassment, bullying, humiliation, changing work responsibilities or conditions, or raising issues against someone maliciously or in bad faith. MSH does not tolerate retaliation or discrimination of any kind against any person for raising a concern in good faith or assisting in an investigation. Anyone found to have engaged in retaliation is subject to disciplinary action, up to and including termination of employment.