Harassment Training, Quiz, and Acknowledgement
Sexual harassment is against the law.

All employees have a legal right to a workplace free from sexual harassment, and Excel Aquatics is committed to maintaining a workplace free from sexual harassment.

Per New York State Law, Excel Aquatics has a sexual harassment prevention policy in place that protects you. This policy applies to all employees, paid or unpaid interns and non-employees in our workplace, regardless of immigration
status.

Please watch the following video, review the below definitions and answer the following true or false questions below.
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Training Video
Sexual Harassment Definitions
WHAT IS SEXUAL HARASSMENT?
Sexual harassment in the form of a “hostile environment” consists of words, signs, jokes, pranks, intimidation or physical violence which are of a sexual nature, or which are directed at an individual because of that individual’s sex. Sexual harassment also consists of any unwanted verbal or physical advances, sexually explicit derogatory statements, or sexually discriminatory remarks made by someone in the workplace which are offensive or objectionable to the recipient,
which cause the recipient discomfort or humiliation, or which interfere with the recipient’s job performance.

A type of sexual harassment known as “quid pro quo” harassment occurs when a person in authority tries to trade job benefits for sexual favors. This can include hiring, promotion, continued employment or any other terms conditions or privileges of employment. Only supervisors and managers are deemed to engage in this kind of harassment, because co-workers do not have the authority to grant or withhold benefits.

Sexual harassment can occur between males and females, or between persons of the same sex. Sexual harassment that occurs because the victim is transgender is also unlawful.

A single incident of inappropriate sexual behavior may be enough to rise to the level of sexual harassment, depending on the severity of such incident. The law requires that the behavior be severe or pervasive, so that one joke or comment may not be enough to be sexual harassment. However, the courts have held that a single incident could be considered sexual harassment, depending on the circumstances.

Unlawful Retaliation
It is unlawful for any employer, or any agent or employee of the employer, to retaliate against an employee who has complained of sexual harassment.

The Human Rights Law protects any individual who has engaged in “protected activity.”

Protected activity occurs when a person has
*filed a formal written complaint of sexual harassment, either internally with management or human resources, or with any anti-discrimination agency,
*testified or assisted in a proceeding involving sexual harassment under the Human Rights Law,
*opposed sexual harassment by making a verbal or informal complaint to management, or by simply informing a supervisor or manager of harassment,
*complained that another employee has been sexually harassed, or
*encouraged a fellow employee to report harassment.


If the employee has participated in a proceeding before the Division of Human Rights, or in a court of law, that complainant or witness is absolutely protected against retaliation for any oral or written statements made to the Division or a court in the course of proceedings, regardless of the merits or disposition of the underlying complaint.

Even if the alleged harassment does not turn out to rise to the level of a violation of the Human Rights Law, the individual is protected if he or she had a good faith belief that the practices were unlawful. However, the retaliation provision is not intended to protect persons making intentionally false charges of harassment.
1. If no one complains, then it’s not sexual harassment. *
2. If my intentions were good - for example, I meant to compliment someone on how great they looked there is no way my conduct could violate the sexual harassment policy. *
3. It cannot be sexual harassment if both parties are the same gender. *
4. If someone is offended by my behavior in the locker room, they should change somewhere else, or at another time, since I am not “working” and I have a right to freedom of speech. *
5. If most people find a comment amusing and inoffensive, then the one person who is offended does not have a right to complain about harassment. *
6. Harassment based on sex can include making stereotypical remarks about someone’s gender. *
7. Sexual harassment is prohibited by law and is also prohibited by Excel Aquatics' policies. *
8. Harassment or discrimination based on sex, race, color, religion, national origin, age, disability,ancestry, or any other characteristic protected by federal, state or local law is unlawful and also violates Excel Aquatics' policies. *
9. Employees are subject to disciplinary action, up to and including termination for engaging in unlawful harassment or discrimination. *
10. It is unlawful, and a violation of the company’s policy, to retaliate against someone who resists unwelcome behavior, files a complaint about harassment or perceived harassment, or participates in an investigation. *
11. If I experience or witness any unwanted behavior from co-worker, supervisor, or customer, I should immediately report it to my supervisor and/or HR. *
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