Equal Employment Opportunity and Nondiscrimination
POLICY: DISCRIMINATION, HARASSMENT, AND RETALIATION PREVENTION:
Square Lightning is committed to providing a professional work environment free from discrimination, harassment, and retaliation. Square Lightning is committed to providing equal employment opportunities to all employees and applicants for employment. Accordingly, we adopt and maintain this Equal Employment Opportunity (EEO) policy to encourage professional and respectful behavior and prevent discriminatory, harassing, or retaliatory conduct in our workplace. We will implement appropriate corrective action(s), up to and including discipline, in response to misconduct – including violations of this policy – even if the violation does not rise to the level of unlawful conduct.
Square Lightning prohibits discrimination and harassment based on the following characteristics: race, color, caste, religion, religious creed (including religious dress and grooming practices), national origin, ancestry, citizenship, physical or mental disability, medical condition (including cancer and genetic conditions), genetic information, marital status, sex (including pregnancy, childbirth, breastfeeding, or related medical conditions), gender, gender identity, gender expression, reproductive health decisionmaking, age (40 years and over), sexual orientation, veteran or military status, domestic violence victim status, political affiliation, and any other characteristic protected by state or federal anti-discrimination law covering employment.*
Square Lightning recognizes and supports the obligation to reasonably accommodate employees with disabilities or religious beliefs or practices to allow those employees to perform the essential functions of their jobs. If an employee believes they need a reasonable accommodation based on disability or a religious belief or practice, the employee should discuss the matter with the principals.
Square Lightning prohibits discrimination and harassment based on an employee requesting or taking any type of leave from work that is protected by law, such as family and medical leave, pregnancy disability leave, reproductive loss leave, bereavement leave, time for jury duty, time to appear in court as a witness (including but not limited to as a victim of crime), time off to obtain relief such as a restraining order, or another other leave taken or requested pursuant to state or federal law.*
Square Lightning prohibits retaliation against a person who engages in activities protected under this policy or state or federal law. Reporting, or assisting in reporting, suspected violations of this policy and cooperating in investigations or proceedings arising out of a violation of this policy are protected activities under this policy.
All Square Lightning employees are expected to assume responsibility for maintaining a work environment that is free from discrimination, harassment, and retaliation. Employees are encouraged to promptly report conduct that they believe violates this policy so that we have an opportunity to address and resolve any concerns. Managers and supervisors are required to promptly report conduct they believe violates this policy. We are committed to responding to alleged violations of this policy in a timely and fair manner and to taking appropriate action aimed at ending the prohibited conduct.
SCOPE OF PROTECTION:
This policy applies to applicants for employment at, and employees (co-workers, supervisors, and managers) of, Square Lightning. As used in this policy, the term “employee” includes contractors and volunteers in our workplace.
This policy applies to all conduct with a connection to an employee’s work, even when the conduct takes place away from Square Lightning's premises, such as in a virtual workspace being used by remote workers, on a business trip, or at a business-related social function.
APPLICANT/EMPLOYEE RIGHTS:
The right to an application process and/or work environment that is free of discrimination, harassment, and retaliation
The right to file a complaint of discrimination, harassment, or retaliation
The right to report inappropriate conduct, which employees are encouraged to do immediately and, whenever possible, in writing
The right to a full, impartial, and prompt investigation by Square Lightning or its designee into allegations of conduct that would violate this policy
The right to be timely informed of appropriate information related to the outcome of an investigation either as a complainant or a respondent in the investigation
The right to be represented by a person of the complainant’s choosing at each and every stage of the complaint process
The right to be free from retaliation or reprisal after filing a complaint or participating in the complaint process
The right to file a complaint directly with the California Civil Rights Department, the federal Equal Employment Opportunity Commission, or other appropriate state or federal agencies, and to file a civil action in the appropriate court
CONDUCT PROHIBITED BY THIS POLICY / DEFINITIONS:
DISCRIMINATION
As used in this policy, “discrimination” means the unequal treatment of an employee or applicant in any aspect of employment and based solely or in part on any protected characteristic listed above. Discrimination violates this policy regardless of whether the applicant or employee actually has the protected characteristic or is merely perceived to have it. Discrimination also violates this policy when it’s based on a combination of two or more protected characteristics or the protected characteristic of someone with whom the applicant or employee is associated, such as a family member or friend.
Examples of discrimination include, but are not limited to:
Allowing the applicant’s or employee’s protected characteristic to be a factor in hiring, promotion, compensation, or other employment-related decisions (unless otherwise permitted by applicable law)*
Withholding work-related assistance, cooperation, and/or information to applicants or employees because of their protected characteristic
HARASSMENT
As used in this policy, “harassment” means disrespectful or unprofessional conduct that is not welcomed by the person being harassed and is based solely or in part on any protected characteristic listed above. Harassment violates this policy regardless of whether the applicant or employee actually has the protected characteristic or is merely perceived to have it. Harassment also violates this policy when it’s based on a combination of two or more protected characteristics or the protected characteristic of someone with whom the applicant or employee is associated, such as a family member or friend.
Harassment can be:
Verbal (such as slurs, jokes, insults, epithets, gestures, or teasing)
Visual (such as posting or distributing offensive posters, symbols, cartoons, drawings, computer displays, or emails, staring, or leering)
Physical (such as physically threatening another person, blocking someone’s way, or making physical contact in an unwelcome manner)
SEXUAL HARASSMENT
As used in this policy, “sexual harassment” means harassment based on sex (including pregnancy, childbirth, breastfeeding, or related medical conditions), gender, gender identity, gender expression, or sexual orientation. It includes all of the actions described above as harassment, as well as other unwelcome sex-based conduct, 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. Sexual harassment does not have to be of a sexual nature and sexual harassment does not need to be motivated by sexual desire. In addition, sexual harassment may include situations that began as a consensual dating or sexual relationship, but that later became a relationship that was not welcomed by one of the people involved. Sexual harassment is generally categorized into two types:
1. Quid Pro Quo Sexual Harassment (“this for that”) includes but is not limited to:
Submitting to sexual harassment in order to keep one’s job, get a new job, or receive an employment benefit or opportunity
Making decisions about an employee based on their acceptance or rejection of sexual harassment
2. Hostile Work Environment Sexual Harassment
Unwelcome conduct on the basis of sex, gender, gender identity, gender expression, or sexual orientation by any person in the workplace that unreasonably interferes with an employee’s work performance and/or creates an intimidating, hostile, or otherwise offensive working environment. When the conduct is not welcome, severe or pervasive, and based on sex, gender, gender identity, gender expression, or sexual orientation, examples of sexual harassment creating a hostile work environment include, but are not limited to:
Sexual advances, flirtation, teasing, sexually suggestive or obscene letters, invitations, notes, emails, voicemails, or gifts
Comments, slurs, jokes, remarks, or epithets
Leering, obscene, or vulgar gestures
Displaying or distributing sexually suggestive or derogatory objects, pictures, graphics, cartoons, videos, images, or posters
Impeding or blocking movement, touching, or assaulting others
Reprisals or threats after a negative response to sexual advances
Conduct or comments consistently targeted at one gender, even if the content is not sexual
RETALIATION
As used in this policy, “retaliation” means any adverse employment action taken against an applicant or employee because that person participated in activity protected under this policy or reasonably thought to be protected under this policy. Examples of protected activities include, but are not limited to:
Reporting or assisting someone in reporting suspected violations of this policy
Cooperating in investigations or proceedings arising out of a violation of this policy
Filing a complaint with the California Civil Rights Department or the U.S. Equal Employment Opportunity Commission
“Adverse employment action” is conduct or an action that materially affects the terms and conditions of the applicant’s or employee’s employment status or is reasonably likely to discourage the person from engaging in a protected activity. Even actions that do not result in a direct loss of compensation or in termination may be regarded as an adverse employment action when considered in the totality of the circumstances.
When done because an applicant or employee reported a violation of this policy, filed a complaint, or otherwise participated in any activity protected (or reasonably thought to be protected) under this policy, examples of retaliation under this policy include, but are not limited to:
Demotion, not promoting, or not considering for promotion
Suspension, reduction in pay or hours, or changing work assignments
Denial of a merit salary increase
Failure to hire or consider for hire
Harassment
Denying employment opportunities or not talking to an employee when otherwise required by job duties
Denying a reasonable accommodation
REPORTING AND ADDRESSING VIOLATIONS OF THIS POLICY:
Any employee or applicant who experiences or witnesses behavior they believe violates this policy is encouraged to immediately tell the offending individual to stop and that the behavior is inappropriate, but only if they feel comfortable doing so. The applicant or employee should also immediately report the alleged violation to their supervisor, manager, or the EEO Officer. There is no chain of command when contacting the EEO Officer: an employee may contact the EEO Officer directly without first seeking supervisory approval. If the person accused of violating the policy is the employee’s supervisor or manager, the employee should report the conduct to any other supervisor, manager, or the EEO Officer. A complaint may be verbal or in writing. Written complaints may be made using the Square Lightning EEO Complaint Form.
Square Lightning will promptly look into the facts and circumstances of any alleged violation, as appropriate. Even in the absence of a written or verbal complaint, Square Lightning may initiate an investigation if it has reason to believe that conduct may have violated this policy. Moreover, even where a complainant conveys a request to withdraw their initial complaint, Square Lightning may continue the investigation to ensure the workplace is free from discrimination, harassment, and retaliation. Square Lightning will also investigate anonymous complaints. The method will depend on the details provided in the anonymous complaint. If the complaint is sufficiently detailed, the investigation may be able to proceed in the same manner as any other complaint. If the information is more general, Square Lightning may need to do an environmental assessment or survey to try to determine if misconduct has occurred. All investigations will be fair, impartial, timely, and completed by qualified personnel.
To the extent possible, Square Lightning will endeavor to keep the reporting of the applicant or employee’s concerns confidential; however, complete confidentiality cannot be guaranteed when it interferes with Square Lightning’s ability to fulfill its obligations under this policy, applicable law, and any court order. All employees are required to cooperate fully with any investigation. 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 is substantiated, Square Lightning will take appropriate corrective and preventive action in order to stop the conduct – up to and including discipline where warranted – prevent its recurrence and remedy its effects.
Contact information for Square Lightning’s EEO Officer is: Adrienne van der Valk, adrienne.vandervalk@squarelightning.com.
CORRECTIVE ACTION GUIDELINES:
Square Lightning will take appropriate corrective action(s) up to and including discipline against any employee(s) when an investigation has found that misconduct occurred. Such corrective action(s) may include, but are not limited to, letters of reprimand, suspension, demotion, or termination. Additionally, depending on the nature of the violation, civil liability could be imposed on the person responsible for the misconduct as well as Square Lightning.
FILING COMPLAINTS WITH STATE AND FEDERAL AGENCIES:
Employees and applicants may also file complaints of discrimination, harassment, or retaliation with the agencies listed below. Individuals who wish to pursue filing with these agencies should contact them directly to obtain further information about their processes and time limits.
CALIFORNIA CIVIL RIGHTS DEPARTMENT
Website: www.calcivilrights.ca.gov
Complaint-filing portal: https://ccrs.calcivilrights.ca.gov/s/
General information: (800) 884-1684 (voice), (800) 700-2320 (TTY), or California’s Relay Service at 711
Email: contact.center@calcivilrights.ca.gov
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Website: www.eeoc.gov/employees
General information: (800) 669-4000, (800) 669-6820 (TTY), or (844) 234-5122 (ASL Video Phone)
Email: info@eeoc.gov
STATE PERSONNEL BOARD APPEALS DIVISION – FOR STATE EMPLOYEES ONLY
Website: www.spb.ca.gov
General information: (916) 653-0799 or (916) 653-1498 (TDD)
*This list of protected characteristics is derived from the Fair Employment and Housing Act (see Cal. Gov. Code §§ 12920 and 12940), its implementing regulations (see Cal. Code Regs., tit. 2, subch. 2), and the Labor Code (see Cal. Lab. Code §§ 230.1 and 1101). It includes a non-exhaustive list of characteristics that are or may be protected characteristics under California law and model best practices in EEO.
*Protected leave includes, but is not limited to, those provided for by the Fair Employment and Housing Act (see Cal. Gov. Code §§ 12945, 12945.2, 12945.6, and 12945.7) and the Labor Code (see Cal. Lab. Code §§ 230 and 230.1).
*For example, Cal. Gov. Code §§ 18973.1 permits a preference for veterans in state civil service.
*Cal. Gov. Code § 12950.1. Employers may utilize the Civil Rights Department’s online trainings at www.calcivilrights.ca.gov/shpt/ to satisfy this requirement.