Harassment, Discrimination and Retaliation Prevention Policy
Ojai Music Festival (OMF) is committed to providing a workplace free of sexual harassment and discrimination (which includes harassment or discrimination based on pregnancy, childbirth, and related medical conditions) as well as unlawful harassment and discrimination based on such factors as race, color, religious creed, national origin, ancestry, age for individuals over forty years of age, physical disability, mental disability, medical condition, genetic information, marital status, sexual orientation, gender, gender identity, gender expression, citizenship status, military and veteran status, denial or use of family and medical care leave, and any other factor made unlawful by federal, state, or local law. OMF strongly disapproves of and will not tolerate unlawful harassment or discrimination against employees by supervisors or co-workers, as well as by third parties in the workplace or with whom the employee comes into contact in connection with their employment. This policy applies to all OMF employees, paid or unpaid interns, volunteers, and any other persons providing services to OMF pursuant to a contract.
Harassment includes verbal, physical, and visual conduct, as well as communication though electronic media of any type, that creates an intimidating, offensive or hostile working environment or interferes with work performance. Such conduct constitutes harassment when (1) submission to the conduct is made either an explicit or implicit condition of employment; (2) submission to or rejection of the conduct is used as the basis for an employment decision; or (3) the harassment interferes with an employee’s work performance or creates an intimidating, hostile or offensive work environment. Harassing conduct can take many forms and includes, but is not limited to, slurs, jokes, statements, gestures, pictures, or cartoons regarding an employee’s sex, race, color, national origin, religion, age, physical disability, medical condition, ancestry, marital status, sexual orientation, gender, gender identity veteran status, or other protected status.
Sexually harassing conduct in particular includes all of these prohibited actions as well as other unwelcome conduct such as requests for sexual favors, unwelcome sexual advances, verbal conduct of a sexual nature (for example name calling, suggestive comments, or lewd talk) or physical conduct (including assault, unwanted touching, intentionally blocking normal movement or interfering with work because of sex or any other protected basis). An employee who unlawfully harasses a co-worker may be personally liable for the harassment.
If an employee believes he/she or a co-worker has been subjected to any form of unlawful discrimination or harassment, including sexual harassment, they should immediately contact their supervisor or Managing Director either orally or in writing. A supervisor who learns of any misconduct which may be in violation of this policy or learns of an employee’s complaint or concern about a possible violation of this policy must immediately report the issue to the Managing Director.
Upon receipt of any complaint, OMF will immediately undertake a prompt, impartial, and thorough investigation conducted by qualified personnel, preserving confidentiality to the extent possible. The investigation will provide all parties appropriate due process and reach reasonable conclusions based on the evidence collected, as well as determine appropriate options for remedial action to resolve the situation. If an employee has a complaint being investigated under this policy, he/she can find out about the progress of the investigation by contacting the Managing Director.
Retaliation against OMF employees or any other person for the good faith reporting of possible acts or incidents of discrimination or harassment, as well as participation in any workplace investigation, will not be tolerated. If an employee believes he/she or a co-worker have been subjected to any form of unlawful retaliation, he/she should immediately contact his/her supervisor or Managing Director, either orally or in writing. Upon receipt of a retaliation complaint, OMF will undertake an investigation consistent with the provisions of this policy. OMF employees shown to have engaged in such retaliation will be disciplined, up to and including termination.
Sexual harassment and retaliation for opposing sexual harassment or participating in investigations of sexual harassment are illegal. In addition to notifying the OMF about discrimination, harassment, or retaliation complaints, affected employees may also direct their complaints to the California Department of Fair Employment and Housing (DFEH), which has the authority to conduct investigations of the facts. The deadline for filing complaints with the DFEH is one (1) year from the date of the alleged unlawful conduct. If the DFEH believes that a complaint is valid and settlement efforts fail, the DFEH may seek an administrative hearing before the California Fair Employment and Housing Council (FEHC) or file a lawsuit in court. Both the FEHC and the courts have the authority to award monetary and non-monetary relief in meritorious cases. Employees can contact the nearest DFEH office or the FEHC at the locations listed in OMF’s DFEH poster or by checking the state government listings on line or in the local telephone directory.