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===20.B. Staff Hiring Committee (SHiCom)===
===20.B. Staff Hiring Committee (SHiCom)===
SHiCom is responsible for filling all open BSC staff positions in accordance with BSC policies and applicable Federal and State Laws. The SHiCom shall consist of the Hiring Committee Chair, the Executive Director or designee, Direct Supervisor for the position, student executives designated by the President.
SHiCom is responsible for filling all open BSC staff positions in accordance with BSC policies and applicable Federal and State Laws. The SHiCom shall consist of the Hiring Committee Chair , the Executive Director or designee, Direct Supervisor for the position, student executives designated by the President.
===20.C. Recruitment Procedures===
===20.C. Recruitment Procedures===
Revision as of 15:22, 27 January 2022
This Employee Handbook applies to all regular employees in positions not restricted to BSC members.
Whenever there is a conflict between this Handbook , any collective bargaining agreement or at will contract , the provisions of the collective bargaining agreement or at will contract shall govern, but only to the extent the collective bargaining agreement complies with federal and state laws and only with respect to the employees included in the bargaining unit.
In sections where the provisions of the collective bargaining differ significantly from those of the Employee Handbook, the difference is noted in the policy language and a bracketed reference to the applicable section(s) of the Employee Association Contract is provided. In sections where the Employee Association Contract offers additional or differing policy language but no significant difference in practice, a bracketed note and reference to the relevant sections section(s) of the Employee Association Contract is provided.
1. Definitions and Classifications of Positions
Full Time Employee - A full time employee of the BSC, paid on an hourly or salaried basis, working minimum 25 hours per week.
Managers – The Executive Director and Operations Manager.
Department Supervisor – A salaried employee responsible for the supervision of other employees in their department.
Salaried Employee – A full time employee paid on a salaried basis.
Hourly Employee – A full time employee paid on an hourly or daily basis.
Part Time Employee - An employee who works on an hourly wage basis less than 25 hours per week.
Temporary Positions - An employee who is hired either on an on-call basis or for less than one year, compensated hourly, at either full or part-time. The Executive Director shall have the authority to hire persons for up to four weeks, at a wage no greater than the lowest BSC wage for a Regular Employee. Exceptions to this policy shall require the approval of the Human Resources Committee and the Board. These restrictions shall not apply to temporary replacements for employees on leaves of absence.
Replacement – A person who is a replacement for an employee on a leave of absence.
2. Wages and Working Conditions
Appeals of management decisions within the EA contract may be made by the employee to the Personnel Appeals Committee. Any employee has the right to make an appeal without prejudicing his/her employment.
3. Hours of Work
The basic workday for non-exempt personnel is eight hours, which does not include meal periods except when the employee is entitled to a paid meal period under the terms of the BSC’s collective bargaining agreement [EA Contract Section 14]. The basic workweek for non-exempt personnel is five workdays. Various factors, such as work loads, customer needs, operational efficiency, and staffing needs, may require variations in an employee’s starting and quitting times and total hours worked each day or each week. Employees may be assigned jobs other than usual assignments and may be required to work overtime or hours or days other than those normally scheduled, whenever necessary.
Exempt Employees may work an alternative work schedule, with the approval of the Executive Director. The overtime pay of employees working an approved alternative work schedule will be calculated using the approved alternative work schedule. [EA Contract Section 3.E]
Exempt employees may have to work beyond their normal schedules as work demands require. No overtime compensation will be paid to exempt employees. Nor does the BSC provide exempt employees with “compensatory” time off.
When non-exempt employees are required to work outside their normally scheduled work hours, the BSC will attempt to provide as much advance notice as possible. Non-exempt employees who are required or permitted to work overtime will receive overtime pay in accordance with the requirements of federal and state laws and the following compensation policies:
- 1.All overtime must be approved in advance by the employee’s immediate supervisor.
- 2.In the case of non-exempt employees worked in excess of their scheduled eight hour workday shall be paid at a rate of one and one-half times the employee’s regular rate of pay.
- 3.All hours worked in excess of 40 in one workweek, as well as the first eight hours worked on the seventh consecutive day of work will be treated as overtime and paid at a rate of one and one-half times the employee’s regular rate of pay.
- 4.Overtime compensation for hours worked in excess of twelve hours in one workday and in excess of eight hours worked on the seventh consecutive workday in a workweek shall be paid at double the employee’s regular rate of pay.
- 5.Weekend work does not automatically qualify for overtime compensation. Hours worked on such days qualify for the overtime rate only if they otherwise qualify as overtime hours.
- 6.Overtime is computed on the basis of an employee’s total hours worked in a day or a workweek. Hours paid that are not worked, for example, paid lunch hour, holidays, sick, or vacation pay, do not count as hours worked for overtime purposes.
Unless otherwise provided, the workweek on which weekly overtime calculations will be based begins each Saturday at 12:01 AM. Employees are paid every two weeks. Each paycheck covers work performed through the completion of the previous pay period.
5. Timekeeping Requirements
An accurate record of hours worked in each workday and each workweek is kept on a time record to satisfy state and federal regulations. All BSC employees must record their own time in at the start of the work day, their time out and time in for rest periods and meal breaks, and their time out at the end of each workday. The time record must also reflect any paid time off such as vacation, sick, and holiday. Employees also must record their time out and back in whenever they take additional breaks and/or leave the building for any reason other than Berkeley Student Cooperative business.
Each employee will review the timesheet at the end of the pay period for accuracy, sign their name to the timesheet to verify that all of the information on it is true and correct, and submit the timesheet to their supervisor for review and approval before the payroll deadline. Employees should immediately report any errors in their time records to their supervisors.
The verified time record will be used to calculate the payroll for the pay period. An employee’s improper or fraudulent completion of a time record, including alteration or completion of another employee’s time record , is grounds for disciplinary action, up to and including dismissal.
In the event the employee separates without notice and is not available or willing to sign the time record, the employee’s supervisor will do so and indicate the circumstances on the back of the time record.
Exempt employees must work onsite during the workday for at least four hours if they work a workweek of five eight-hour days and at least five hours if they work an alternative workweek of four ten-hour days in order to count the day as a regular workday. If an exempt employee works less than the minimum hours during the workday, the day shall be recorded as a vacation day unless prior authorization from the exempt employee’s supervisor has been granted.
Employees of the Berkeley Student Cooperative are expected to be punctual and work through the end of the scheduled work day. Tardiness or early departures may cause problems for other employees and supervisors. Employees also are expected to remain at work for their entire work schedule, except for meal periods or when required to leave on authorized Berkeley Student Cooperative business. Late arrival, early departure, or prolonged breaks are disruptive and should be avoided. When running late, an employee must call his or her supervisor before the time he or she is scheduled to begin working for that day. An employee who needs to leave work early on any given day must inform his or her supervisor when he or she arrives for work, or as soon as possible before the end of the shift.
Excessive tardiness, early departures and/or prolonged breaks disrupt the work of the BSC and will result in disciplinary action, up to and including dismissal.
Employees of Berkeley Student Cooperative are expected to be regular in attendance unless they are absent for illness or for an approved vacation or personal holiday. Unplanned absences not attributable to illness can cause problems for other employees, for student positions, and for the responsible supervisor. When an employee is unable to report for work on any particular day, an employee must under all but the most extenuating circumstances call his or her supervisor at least one hour before the time he or she is scheduled to begin working for that day. Employees must speak with their supervisors. If the responsible supervisor is not available, they must speak to the Operations Manager. If the Operations Manager is not available, they must speak to the Executive Director. A direct conversation about the absence is preferable to voice mails, emails, text messages and/or faxes.
Employees also should also do their best to inform their supervisor of the expected duration of any unplanned absence., including sick leave Excessive unplanned absenteeism not attributable to sick leave, will not be tolerated. Berkeley Student Cooperative defines excessive as more than three (3) instances in a six (6) month period.
If an employee fails to report for work without notifying the responsible supervisor and the absence continues, the BSC will consider the absence as abandonment of employment
8. Trial Employment Period
The trial employment period for employees shall be up to one hundred and eighty days (180) days from the original date of hire of the position. During such period, the employee may be discharged without recourse to the grievance procedure.
The manager or superior has no authority to dismiss an employee. Exempt employees must prepare a written recommendation to the Executive Director to dismiss said employee. After said employee completes the probationary period, dismissal shall follow the grievance procedure.
The Board of Directors has the authority to dismiss or retain a Manager and must submit reasons for continuance or dismissal to the Executive Director in a written report.
9. Evaluations and Reviews
Performance evaluations shall be prepared at least annually for all employees. Employees, upon request, shall be given copies of their evaluation. A space will be provided on the evaluation form for employees to comment on the evaluation received.
All evaluations will be both written and oral. The employee shall be given a copy of any written formal performance evaluation.
An employee's signature on a performance evaluation shall only indicate that the employee received the evaluation; unless otherwise indicated, it shall not constitute an admission that the employee agrees with the content of the evaluation.
Performance evaluations shall not be subject to the grievance procedure, unless it contributes to disciplinary action.
Employees shall be given advance notice of evaluation dates.
10. Meal Periods
Non-exempt employees who work five (5) or more hours a day shall be given a 30-minute unpaid meal period in the middle of their work day, unless they are entitled to a paid meal break under the terms of the BSC’s collective bargaining agreement [EA Contract Section 14]. The meal period must occur within the working period, and not at the beginning or end of the work period. A non-exempt employee who works more than ten hours in a day must be provided with an additional 30 minute meal period.
Meal periods should be taken away from the employee’s workstation. Employees are encouraged to use the kitchen or the employee lounge for meal periods, or to leave the facility for meal periods. Employees are expected to observe their assigned working hours and the time allowed for meal periods. No work shall be done during the meal period without the permission of the employee’s supervisor.
Every observed meal period lasts for thirty (30) uninterrupted minutes. A meal period that exceeds the 30-minute period must be preauthorized by the employee’s supervisor. Employees who take prolonged meal periods that exceed the scheduled time may be subject to discipline.
Any deviation in this policy must be approved in writing by the responsible supervisor.
11. Rest Periods
Non-exempt employees are allowed a 10-minute paid rest period for every four hours of work or major portion thereof. The supervisor responsible for the employee’s work may schedule the employee’s rest periods, which should be taken approximately in the middle of each four-hour work period. Employees are expected to observe their assigned working hours and use the time allowed for rest periods.
Any deviation in this policy must be approved in writing by the responsible supervisor.
12. Personnel Records
Personnel records are the property of the BSC and access to personnel records are restricted and confidential.
All employees have the right to inspect and to be provided, on request, with one copy of any document in the employee's personnel file.
One official personnel file shall be kept for each employee and should include the employee’s job application, copy of the offer of employment letter, position description, performance reviews, disciplinary records, records of salary increases and any other relevant personnel information.
It is the responsibility of each employee to promptly notify their supervisor in writing of any changes in personnel data, including personal mailing addresses, telephone numbers, names of dependents, and individuals to be contacted in the event of an emergency.
In any case where the BSC and an employee agree to revise inaccurate personnel record materials, the BSC shall, upon request, provide evidence of the revision.
13. Leaves of Absence
13.A. Types of Leaves of Absence
The BSC recognizes that employees may require a leave of absence from work. The BSC has established a policy for various types of leaves, each of which are described in more detail in sections G-K below: ::Family and Medical Leave (Section G) ::Pregnancy Disability Leave (Section H) ::Military Leave (Section I) ::Worker’s Compensation Disability Leave (Section I) ::Unpaid Personal Leave (Section K)
[For employees subject to the BSC’s collective bargaining agreement, also see EA Contract Section 16 for terms of unpaid leave]
Employees must have been employed by the BSC for at least one year and/or 1,250 hours over the previous twelve months, unless they are entitled to unpaid leave under the terms of the BSC’s collective bargaining agreement EA Contract Section 16. Employees with less than one year of service will generally not be granted a leave of absence, except in the case of pregnancy or a workers’ compensation disability.
Leaves of absence are unpaid. However, an employee may be required to utilize all accrued vacation time off during the leave. An employee may also use any accrued sick leave if the employee and the BSC mutually agree.
[For employees subject to the BSC’s collective bargaining agreement, also see EA Contract Section 7.F]
13.D. Coordination of benefits
Accrued vacation and sick leave benefits shall be paid during a leave of absence to the extent permitted by law, and such pay shall be coordinated with any state disability or other wage replacement benefits for which the employee may be eligible. For an employee on pregnancy disability leave, however, payment of vacation pay is at the employee’s option.
Employees returning from a leave will be reinstated to their previous position or to an equivalent position with equivalent benefits, pay and terms and conditions of employment. However, an employee has no greater right to reinstatement than if the employee had been continuously employed rather than on leave. For example, if an employee on leave would have been laid off had they not gone on leave, or if their job had been eliminated while the employee was on leave, then the employee would not be entitled to reinstatement. A medical release will be required, stating that the employee is able to return to work, if the leave is due to an employee’s injury, illness, or pregnancy disability.
When reinstatement will cause substantial and grievous economic injury to its operations, the BSC may refuse to reinstate certain highly paid key employees, after taking leave, during which health coverage was maintained. A key employee is a salaried employee who is among the highest paid 10% of employees.
If an employee fails to return to work on the agreed upon return date, the BSC will assume that the employee has resigned.
[For employees subject to the BSC’s collective bargaining agreement, also see EA Contract Section 16.B]
13.F. Health Benefits
If an employee is eligible for a Family and Medical Leave of Absence, the employee will continue to receive coverage under the BSC group health plan for up to a maximum of 12 workweeks per 12-month period or 4 months if eligible for pregnancy disability leave at the level and under the conditions of coverage as if the employee had continued in employment continuously for the duration of the leave . The BSC will continue to make the same premium contributions as if the employee had continued working.
Any employee premium contributions required by the BSC for coverage during active employment must be made by the employee, to maintain coverage during the leave. Failure to make required employee contributions on time may result in loss of coverage.
If an employee fails to return following the leave, the employee may, under certain circumstances, be required to repay the premiums paid by the BSC during the leave.
Employees who are not eligible for continued paid coverage, may continue their group health insurance coverage through the BSC, in conjunction with federal COBRA guidelines, by making monthly payments to the BSC for the amount of the applicable premium.
13.G. Family and Medical Leave of Absence
The Federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (FRA), provide eligible employees with up to 12 workweeks of unpaid, job-protected leave over a 12-month period for specified family and medical reasons.
The BSC provides family and medical leaves of absence without pay to eligible employees who wish to take time off from work duties for the following reasons:
- (1) the birth, adoption, or foster care of an employee's child within 12 months following birth or placement of the child (“Bonding Leave”);
- (2) to care for an immediate family member (spouse, registered domestic partner, child, or parent with a serious health condition (“Family Care Leave”);
- (3) an employee’s inability to work because of a serious health condition (“Serious Health Condition Leave”);
- (4) a “qualifying exigency,” as defined under the FMLA, arising from a spouse’s, child’s, or parent’s active duty or call to active duty in a foreign country as a member of the military reserves, National Guard or Armed Forces (“Military Emergency Leave”); or
- (5) to care for a spouse, child, parent or next of kin (nearest blood relative) who is (a) an Armed Forces member (including the military reserves and National Guard) undergoing medical treatment, recuperation, or therapy, is otherwise in an outpatient status, or is otherwise on the temporary disability retired list—with a serious injury or illness incurred or aggravated in the line of duty while on active duty that may render the individual medically unfit to perform his or her military duties; or (b) a person who, during the five (5) years prior to the treatment necessitating the leave, served in the active military, Naval, or Air Service, and who was discharged or released therefrom under conditions other than dishonorable (a “veteran” as defined by the Department of Veteran Affairs) and who has a qualifying injury or illness incurred or aggravated in the line of duty while on active duty that manifested itself before or after the member became a veteran (“Military Caregiver Leave”).
A serious health condition means an illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice, or residential medical care facility; or continuing treatment by a health care provider.
If an employee is absent for more than seven calendar days for any of the above reasons, they will be placed on a family leave (if eligible) effective the first day of their absence, with proper documentation.
Eligible employees should make requests for family and medical leave to their supervisors at least 30 days in advance of foreseeable events and as soon as possible for unforeseeable events.
Employees requesting family leave related to the serious health condition of a child, spouse, or parent will be required to submit a health care provider’s statement verifying the need for a family leave to provide care, its beginning and expected ending dates, and the estimated time required. A medical certification must be provided to support a request for a leave because of a serious health condition. The taking of leave may be denied if the requirements are not met.
Eligible employees may request up to a maximum of 12 weeks of family and medical leave within any 12 month period. The BSC will use a rolling 12-month period for specified family and medical reasons. Employees may be required to use any accrued vacation leave time during unpaid family and medical leave.
Married employee couples and domestic partners employed by the BSC may be restricted to a combined total of 12 weeks leave within any 12 month period for childbirth, adoption, or placement of a foster child; or to care for a parent with a serious health condition.
So that an employee’s return to work can be properly scheduled, an employee on family and medical leave is required to provide the BSC with at least two (2) weeks advance notice of the date the employee intends to return to work.
13.H. Pregnancy Disability Leave of Absence
The BSC provides pregnancy disability leave of absence without pay to eligible employees who are temporarily unable to work due to a disability related to pregnancy, childbirth, or related medical conditions. An employee may take up to a maximum of four months Pregnancy Disability Leave.
A leave taken under the pregnancy disability policy, runs concurrently with the family and medical leave under federal law, but not family and medical leave under California law.
If an employee is disabled due to pregnancy for more than four months, the employee, if eligible, would be entitled to take up to 12 workweeks of unpaid FRA leave (California Family Rights Act Leave). Health benefits are not paid by the BSC during leave time under FRA.
Employees should make requests for pregnancy disability leave to their supervisors at least 30 days in advance of foreseeable events as soon as possible for unforeseeable events.
A health care provider’s statement must be submitted verifying the need for pregnancy disability leave and its beginning and expected ending dates. Any changes in this information should be promptly reported to the BSC. Employees returning from pregnancy disability leave must submit a health care provider’s verification of their fitness to return to work.
So that an employee’s return to work can be properly scheduled, an employee on pregnancy disability leave is requested to provide the BSC with at least two (2) weeks advance notice of the date she intends to return to work.
If an employee fails to report to work promptly at the end of the pregnancy disability leave, the BSC will assume that the employee has resigned.
[For employees subject to the BSC’s collective bargaining agreement, also see EA Contract Section 16.C and 16.D]
13.I. Military Service Leave of Absence
Regular full-time and regular part-time employees whose participation in the uniformed services or other military duty is mandatory will be granted time off without pay, unless they are eligible for pay under the terms of the BSC’s collective bargaining agreement EA Contract Section 13]. Regular full-time and part time employees required to be gone for more than 30 days may request to substitute accrued vacation for any unpaid portion of the military leave.
An employee must notify his/her immediate supervisor as soon as he/she knows the required dates of service and, if requested, the employee must furnish the supervisor with a copy of the official orders or instructions. Upon return from an excused military leave, the employee will be reinstated to his or her former position, or another position, to the extent required by applicable law, regulation, and ordinance. In order to be eligible for reinstatement, the employee must (1) report to the BSC or submit an application for employment within the period required by federal and state laws, and (2) provide a certificate of satisfactory completion of service, as well as appropriate documentation to establish that the employee is eligible for reinstatement. Vacation and sick-leave benefits do not accrue during any unpaid period of military leave.
An employee whose service is completed in 30 or fewer days will continue receiving health benefits on the same terms as he or she received prior to commencing military leave. For service beyond 30 days, the employee has the ability to continue health benefits pursuant to applicable federal and state law. Upon an employee’s return to work, the BSC will count the time spent on active duty as time worked (1) for determining eligibility for FMLA or CFRA leave, and (2) for retirement plan eligibility, vesting, and benefit accrual.
13.J. Workers’ Compensation Disability Leave of Absence
The BSC will grant a workers’ compensation disability leave of absence to employees with occupational illness or injuries in accordance with state law. As an alternative, the BSC will try to reasonably accommodate such employees with modified work. This leave will run concurrently with the Family and Medical Leave if the injury/illness qualified as a “serious health condition” and the employee is eligible.
Employees must report all accidents, injuries and illnesses, no matter how small, to their immediate supervisor.
The BSC requires a written statement from a physician which must include the following: 1. That the employee is unable to perform the regular job duties; 2. The date on which the impairment commenced; and 3. The expected date of the employee’s ability to return to work.
13.K. Personal Unpaid Leave
The BSC will grant a personal unpaid leave only in unusual situations, with the prior written approval of the Executive Director. Requests for personal leave will be evaluated based on a number of factors, including anticipated work load requirements and staffing considerations during the proposed period of absence.
The leave will be unpaid. However, employees may use any available vacation leave during the absence.
Subject to the terms, conditions, and limitations of the applicable plans, health insurance benefits will be provided by the BSC until the end of the month in which the approved personal unpaid leave begins. At that time, employees will become responsible for the full costs of these benefits if they wish coverage to continue. When the employee returns from personal unpaid leave, benefits will again be provided by the BSC according to the applicable plans.
Benefit accruals, such as vacation, sick leave, or holiday benefits, will be suspended during the personal unpaid leave and will resume upon return to active employment.
If an employee fails to report to work promptly at the expiration of the approved leave period, the BSC will assume the employee has resigned.
14. Discipline and Dismissal
All employees shall be given two weeks notice of the decision to dismiss them or two weeks salary in lieu of notification.
14.B. Just Cause
The BSC shall discipline, suspend or discharge any employee for just cause only, such as violation of state and/or local law, discrimination, harassment, or other violations of BSC policies, or for endangering the safety and well-being of others.
Additionally, the BSC will take appropriate disciplinary action in cases where the working relationship between staff and the BSC membership deteriorates to such a point as to prevent the smooth operation of the organization's functions.
14.C. Progressive Discipline
The BSC will utilize a system of progressive discipline, when feasible, per the discretion of the ED. However, the BSC recognizes that depending on the severity of the conduct violation, immediate disciplinary action up to and including termination may be necessary.
Progressive steps may include verbal counseling and/or warnings, written counseling and/or warnings, disciplinary suspensions without pay, and/or termination of employment.
14.D. Acknowledgment of Warnings
If the BSC requires an employee to sign a disciplinary action notice, the BSC will include language on the notice stating that the employee receiving such notice is requested to sign the notice to acknowledge receipt, but that such signature does not signify the employee's agreement with the contents of the notice.
14.E. Disciplinary Notices; Rebuttal; Inspection of Personnel Files
Employees will receive copies of all disciplinary notices placed in their personnel files and shall have the right to rebut in writing any disciplinary notice. Such rebuttal shall be attached to the disciplinary notice and placed in the personnel file.
The BSC recognizes the right of its employees to resign from their positions for any reason. Resignations shall be submitted in writing to the employee’s supervisor and shall be effective the date stated. The supervisor should follow up with the HiCom Chair regarding said employee’s resignation.
Resignation may be withdrawn by submitting a written withdrawal to the employee’s supervisor and the HiCom Chair before the date the position is advertised per the discretion of the Executive Director.
After the date the position is advertised, withdrawal of resignation will not be accepted and the previous holder of the position must reapply by the advertised deadline.
16. Creation of Positions
Since the principal purpose of the BSC is to provide low cost housing to its members, operation costs of the corporation should be reduced wherever possible without damaging the efficient operation of the corporation.
In order to create and maintain a quality cooperative living experience, the BSC will hire professional staff to provide services.
At least one week’s notice must be given to the Board of Directors before the Human Resources Committee may consider the creation of a new position. Only the Human Resources Committee may recommend to the Board the creation of a new position.
Creation of a new position shall be considered only after all other feasible and less costly alternatives have been considered and found unacceptable.
17. Alteration and/or Elimination of Positions
17. A. Alteration
Alteration of a position shall refer to any change in job duties (for more than one semester), in wages, or in working hours. Alterations to positions may occur as follows:
- 1. Every 2 years, the Board of Directors will conduct an assessment of its current salary and wage scales, compare them to the current market value of comparable work, and make adjustments to the wage scale as necessary in order to reflect recent changes in external economic conditions.
- No current employees may have their wages lowered as a result of this biennial review, however changes to unfilled positions are at the discretion of the Board of Directors.
- 2. Current employees may only have their wages altered in conjunction with commensurate changes in job duties.
Positions shall be altered or eliminated for the following reasons:
- a. To increase efficiency in the organization
- b. To increase or decrease services to the members
- c. To reduce costs to the membership
Notification: The VPIA shall announce the review to any affected employees at least two weeks before the review.
The Human Resources Committee and the Executive Director shall review the position at an open meeting of the Committee. The Committee shall make a recommendation to the Board of Directors, which will make the final decision. The Board of Directors shall consider elimination after all reasonable alternatives have been excluded.
Any alteration and/or elimination of position must be discussed at at least one Human Resources Committee meeting and one Board meeting.
If a position is altered or eliminated the employee shall receive written notice within two weeks of formal discussion of an alteration or termination of a position.
If a position is substantially altered necessitating an employee to leave the position, the employee shall be given two weeks notice of the decision or two week salary in lieu of notification.
18. Salary Scale
Jobs in the BSC have been evaluated and classified based upon the duties,responsibilities of the position, and the amount of experience and training required. The BSC establishes salary ranges for each job based on the above considerations, Bay Area pay practices for comparable non-profit organizations, and funding. Each salary scale has an assigned maximum amount. Exceptions to the pay scale shall require the written approval of Cabinet. Employees may advance on the salary scale for their position by up to 5% annually as determined by the Operations Manager and Executive Director based on the employee’s annual performance review, until the employee reaches the top of the salary scale for their position.
19. Payroll Deductions
Payroll is done biweekly and state and federal taxes are deducted from an employee’s payroll.
20.A. Manager Hiring Committee
The Manager Hiring Committee is responsible for filling all open BSC Manager positions excluding the Executive Director in accordance with BSC policies and applicable Federal and State Laws. The Manager Hiring Committee shall consist of the Executive Director, Hiring Committee Chair, a Cabinet Member designated by the President, and a Board Representative. The Executive Director will lead the committee and must approve all decisions.
20.B. Staff Hiring Committee (SHiCom)
SHiCom is responsible for filling all open BSC staff positions not exclusive to members in accordance with BSC policies and applicable Federal and State Laws. The SHiCom shall consist of the Hiring Committee Chair or designee, the Executive Director or designee, Direct Supervisor for the position, student executives designated by the President.
20.C. Recruitment Procedures
Within the BSC – All positions shall be advertised online and posted on bulletin boards at the central facilities and in the houses/apartment. Outside of the BSC - The position shall be advertised as widely as feasible.
All applicants regardless of previous employment at the BSC must submit an application for any position.
All applications for positions shall be kept for two years for persons not hired. Applications of persons employed shall be kept for five years after their departure from the BSC.
Applications shall be kept confidential, and shall be available only to those persons entitled to participate in the hiring for the position which the application is submitted for.
All applications shall include a sheet explaining hiring procedures and the applicant’s rights under the Employee Handbook.
Applications shall not contain any questions (such as those pertaining to sex, age, marital status, race, etc.) that might prejudice interviewers.
Each application shall have a separate optional information page for the purpose of self-identification of those who wish to be considered under equal opportunity policies. In the case of equally qualified applicants, this information will be used by the Executive Director to inform SHiCom which applicants will help achieve affirmative action goals; but the information page shall not be made available to Hiring Committee members. This information may be used for statistical purposes and for evaluation of the effectiveness of recruitment programs.
No late applications will be accepted.
20.E. Equal Opportunity in Hiring
All applications will be reviewed by the Executive Director.
Wherever possible, reasonable accommodation will be made through physical and/or job modifications to allow a person with disabilities to perform a job. In order to increase employment opportunities in general, the co-op will accept and encourage job-sharing proposals wherever feasible. Furthermore, the co-op shall not discriminate against protected classes as defined by the BSC, state, and federal laws.
20.F. Hiring Preferences
Among equally qualified applicants, preference will be given to those applicants who will help to achieve equal opportunity goals. Whenever appropriate, employees whose positions have been eliminated shall be given priority for any job openings on the staff. Secondary preference shall be given to any former BSC employees and members. “Preference,” as mentioned here and elsewhere in the Employee Handbook, shall be construed to mean that preferential factors will be taken into account when evaluating otherwise qualified candidates for a job. It shall not be construed to mean that a person will be hired solely because of her/his preferential status.
20.G. Managers other than the Executive Director
The Manager Hiring Committee shall review written applications to decide who to interview from among the qualified applicants. An interview team(s) selected by the Manager Hiring Committee shall convene before interviews to Review and discuss the job description.
- a. Determine the style of interview.
- b. Designate general roles for each interview team member in the hiring.
- c. Define specific recruitment and hiring goals for the interview.
- d. Define evaluation criteria.
- e. Determine a reference check procedure.
The Manager Hiring Committee shall make the final selection from among the applicants. There shall be a two step reporting procedure for hiring decisions: i. A decision shall be made and recorded on the applications of all persons assessed by the Manager Hiring Committee. ii. The Manager Hiring Committee shall be asked to name an alternate. The alternate’s status shall be noted on their application. The Manager Hiring Committee may decline to name an alternate.
20.H. Professional Staff
It shall be the responsibility of the Executive Director in conjunction with the Supervisor to publicize a description and summary of qualifications for the position, and undertake appropriate advertising.
SHiCom shall review written applications to decide who to interview from among the qualified applicants.
An interview team selected by SHiCom shall convene before interviews to familiarize themselves with:
- a. Review and discuss job description
- b. Determine the style of interview
- c. Designate general roles for each participant in the hiring
- d. Define specific recruitment and hiring goals for the interview
- e. Define evaluation criteria
- f. Determine a reference check procedure
SHiCom shall make the final selection from among the applicants.
There shall be a four step reporting procedure for hiring decisions:
- i. A decision shall be made and recorded on the applications of persons assessed by SHiCom.
- ii. SHiCom shall be asked to name an alternate. The alternate’s status shall be noted on his/her application. SHiCom may decline to name an alternate.
- iii. The decision of SHiCom shall become an official hiring in four working days only if there is no appeal. This period shall begin after all applicants have been notified in writing of SHiCom’s decision.
20.I. Temporary Employees
It shall be the responsibility of SHiCom to publicize a description and summary of qualifications for the position, and to undertake appropriate recruitment.
SHiCom shall review written applications, select interviewee(s) from among the qualified applicants, and make a final selection from among those interviewed.
20.J. House Level Professional Staff
Applications must be turned into the Central Office by the deadline. It is not the responsibility of BSC employees, elected officials, House Level employees or House Level elected officials for lost or late applications.
SHiCom shall be responsible for seeking appropriate input from affected houses when hiring for centrally employed house level employees. Any recommendations or grievance related to the hiring from the house level membership must be considered and addressed by SHiCom.
20.K. Hiring Appeals
Appeals of Staff Hiring Committee decisions may be requested by any person who applied for a job and was not selected. Petitions for appeal are to be considered unusual, extraordinary, and appropriate only if there is evidence to suggest irregularities. Irregularities are defined as including bias and wrong-doing. A petition for appeal must be signed by two of the following persons: Hiring Committee Chair, Committee members, Fair Employment Practices Administrator, Supervisor involved in the hiring, President, a Vice President, any Manager. The appellant can contact the Executive Director to receive Committee members contact information.
If the President receives a valid petition for appeal within four working days of when applicants should have received notification of Staff Hiring Committee’s decision, they shall notify the Personnel Appeals Committee Chair to begin the appeal. The President shall notify all persons in this section of all such requests. All appeals must be submitted in writing.
Upon notification by the President, the Personnel Appeals Committee Chair shall have four working days to convene the Committee. Upon notification, the Personnel Appeals Committee Chair shall notify Personnel Appeals Committee, all applicants, the Hiring Committee Chair, and the Fair Employment Practices Administrator that the appeal has begun. After such notification, the members of Personnel Appeals Committee shall not discuss the appeal outside of meetings of the Personnel Appeals Committee.
Whenever a central-level professional staff position becomes available, the position’s direct supervisor may submit a recommendation for promotion to the Executive Director and the appropriate hiring committee.
The hiring committee shall convene to discuss the merits of the promotion. An interview is not required. If the hiring committee agrees by consensus, the employee may be promoted. If no qualified applicants are recommended for promotion and/or the committee does not reach consensus, the position will be advertised for and filled through the normal hiring process. In the event an employee is considered for but not offered a promotion, such decision shall in no way affect the employee’s ability to apply through the regular hiring process.
21. Incentive Compensation
Based on an employee’s annual review he/she is eligible to receive a merit pay raise of up to 5%. This pay raise is not based on length of service, but is instead based on work performance in the discretion of the Executive Director and the Operations Manager. If the employee is at or near the top of his/her salary range and the employee’s performance is rated as outstanding, the employee will be eligible for a one time financial bonus up to a maximum of 5% of the employee’s salary, as determined in the discretion of the Executive Director and the Operations Manager, which shall not be added to the employee’s base salary.
The incentive compensation of employees subject to the collective bargaining agreement will be determined in accordance with the agreement [EA Contract Section 3.G]
22. Cost of Living Allowance (COLA)
The BSC strives to maintain a competitive wage scale in keeping with increases in the Northern California Consumer Price Index for Urban Wage Earners and Clerical Workers,” subject to available funds. In establishing a budget and rates for the following fiscal year, the board shall determine the feasibility of implementing a cost of living adjustment, which, if it is approved by the Board of Directors, will take place on July 1 of the new fiscal year.
The cost of living allowance of employees subject to the collective bargaining agreement will be determined in accordance with the agreement EA Contract Section 5.
23. Paid Time Off
23.A. Paid Time Off for Holidays
All regular full-time employees who have completed the new hire period will receive a regular day’s pay at their normal hourly rate for paid holidays. Twelve paid holidays are provided for employees not subject to the holiday schedule in the collective bargaining agreement as follows:
- New Year’s Day
- Martin Luther King, Jr. Day
- President’s Day
- The Academic and Administrative Holiday recognized by UC Berkeley during the Spring Recess
- Memorial Day
- Independence Day
- Labor Day
- Veterans Day
- Thanksgiving (2 days)
- Christmas Day
- One personal holiday
The holiday schedule of employees subject to the collective bargaining agreement will be determined in accordance with the agreement EA Contract Section 6.
Holiday pay is not counted for the purpose of calculating an employee's overtime hours of work or overtime premiums.
If a BSC recognized holiday falls within an employee’s vacation period, the vacation will be extended by one day for each holiday, or, at the discretion of management, the employee will receive a day’s pay in lieu of the holiday. If a recognized holiday falls during a leave of absence, no pay will be given for the holiday.
The BSC may, in its sole discretion, require some or all employees to work on BSC paid holidays or a paid holiday may fall on an employee’s regular day off. In the event that the BSC requires an employee entitled to holiday benefits to work on the holiday or the holiday falls on an employee’s regular day off, the employee will take a different day during the same pay period, as approved by the employee’s supervisor. If the supervisor and the employee determine that it is not feasible to use the holiday during the same pay period, the holiday may be used in the next pay period with the prior written approval of the Executive Director or Operations Manager.
23.B. Paid Time Off for Vacation
Regular full-time employees accrue vacation immediately. After the completion of the initial six months of continuous employment, employees can begin to use their vacation benefits. In general, employees may take accrued vacation time anytime during the year, subject to proper notice, work and staffing requirements and BSC approval. Employees are encouraged to submit their request for vacation as far in advance as possible. All vacation requests must be approved in advance by the employee’s direct supervisor and the appropriate manager. In the interest of avoiding undue interruption of our operations, it may be necessary to schedule an employee’s vacation at a time different than originally requested to avoid the problem of too many employees being absent at the same time. In the case of a vacation scheduling conflict, vacation schedules will be determined by the BSC’s Executive Director.
The BSC encourages employees to take vacation on an annual basis, for employees’ personal and professional benefit. Accordingly, it is our policy that vacations must be taken; no employee will receive pay in lieu of vacation except on termination of his or her employment as set forth below.
Except as provided otherwise for employees subject to the BSC’s collective bargaining agreement EA Contract Section 7, the maximum balance of accrued vacation any employee can accumulate may not exceed the amount of an employee’s annual accrual of vacation in the previous two years.
Once an employee’s cap is reached, no further vacation will accrue until some vacation is used. When some vacation is used, vacation time will again begin to accrue. However, there is no retroactive grant of vacation for the period of time the accrued vacation compensation was at the cap. Additionally, if vacation time again accrues to the cap, the accrual of vacation will cease until some vacation is used.
Additional vacation time is not generally granted due to employee sickness during the vacation period. However, an employee may request that vacation time be counted as sick leave in the event of a serious illness requiring hospitalization. This request shall be made to the BSC’s Executive Director.
Regular full-time employees begin to accrue vacation time at the following rate, unless the employee is subjective to an alternative vacation accrual schedule as a member of the collective bargaining unit [EA Contract Section 7]:
- a. At the rate of 4.5 hours per two week pay period during the first through fifth year of service.
- b. At the rate of 5.5 hours per two week pay period during their sixth through tenth year of service.
- c. At the rate of 6.5 hours per two week pay period after completing ten years of service.
The Managers begin to accrue vacation time at the following rate:
- a. At the rate of 4.5 hours per two week pay period during the first through fifth year of service.
- b. At the rate of 6.5 hours per two week pay period during their sixth through tenth year of service.
- c. At the rate of 7 hours per two week pay period after completing ten years of service.
All regular full-time who leave the BSC will be paid for any accrued unpaid vacation hours. Likewise, the BSC will make a deduction from the final paycheck for the balance of any vacation pay advanced.
Vacation hours for eligible employees will be paid at the straight-time hourly rate in effect at the time the vacation hours are paid. The straight-time hourly rate for salaried employees will be determined by dividing their base weekly salary by 40.
Vacation hours are accrued only on straight-time hours actually worked or paid (holidays, vacations, paid sick leave and bereavement) up to a maximum of 40 such hours per week. Employees shall not accrue vacation hours for unpaid sick leave or unpaid leaves of absence, whether excused or unexcused, unless otherwise required by law, regulation, or ordinance.
23.C. Paid Time Off for Sick Leave
The BSC has established a sick leave policy to help regular full-time employees with the financial burden of lost work incurred because of personal illness or to attend to the illness of their child, parent, spouse, or registered domestic partner. This policy is intended to be used in case of illness only and should not be abused.
Sick leave is authorized at the discretion of the BSC for bona fide illnesses and injuries that prevent the employee from performing normal job duties. A physician’s verification may be required whether leave is being used for the employee’s own illness or the illness of their child, parent, spouse or registered domestic partner. The sick leave policy is designed to cover occasional and infrequent absences. In order to be eligible for sick leave, you must notify your supervisor at least one-half hour before you are scheduled to begin work on the date of the absence.
Regular full-time employees accrue sick leave at the rate of 3.75 hours per two week pay period. Eligible employees cannot accrue more than 24 days of sick leave unless they are subject to an alternative cap on sick leave as members of the collective bargaining unit EA Contract Section 9.
Sick pay to which an employee is entitled shall be fully integrated with any state disability pay or workers’ compensation. That is, in the event of occupational injury or illness, the BSC will pay sick time to an eligible employee during the normal three-day waiting period before the employee is paid workers’ compensation benefits pursuant to the applicable law, regulation, and ordinance. Similarly, the BSC will pay sick-leave benefits during the normal seven-day waiting period before the eligible employee is paid benefits from either state unemployment disability or other insured unemployment disability plan. Following the three-day or seven-day waiting period specified above, an employee will continue to receive sick pay less disability benefits actually received or the disability benefits that would have been received had the employee made timely application.
As sick pay benefits are designed only to assist an employee who misses work due to an actual illness or injury, no sick leave benefits are paid upon termination of employment for any reason, nor can sick leave benefits be applied as extra vacation.
[For employees subject to the BSC’s collective bargaining agreement, also see EA Contract Section 9]
23.D. Paid Time Off for Jury Duty
The BSC recognizes every employee’s civic duty with respect to serving on juries or a witness when called. An employee who has been summoned as a witness or for jury duty should notify his or her supervisor immediately. The BSC will grant the necessary time off with pay. Employees may be required to provide proof of jury/witness service.
23.E. Paid Time Off for Bereavement
In the event of the death of a member of the immediate family, regular full-time employees will receive up to three days paid time off to handle the necessary details and attend the funeral.
For purposes of bereavement leave only, immediate family is defined as the current spouse, registered domestic partner, parent, child, sibling, father-in-law, mother-in-law, aunt, uncle, niece, nephew, grandchild, and grandparent of the employee.
23.F. Paid Time Off to Vote
The BSC allows employees to take two hours of paid time off at the beginning or end of the work day to vote on Election Day, if the employee does not have the time outside regular working hours to vote. The employee must give his or her supervisor at least two days notice. A voting receipt may be required.
[For employees subject to the BSC’s collective bargaining agreement, also see EA Contract Section 12]
24. Insurance Benefits
24.A. Health Insurance
The BSC provides employees and their dependents access to medical insurance. Only regular full-time employees are eligible to participate in the health insurance plan. The BSC shall pay 100% of the health insurance premium for the employee’s coverage under the plan offered by the BSC. The BSC shall pay 80% of the health insurance premium for the employee’s dependents under the plan offered by the BSC.
The BSC shall offer one health insurance plan and may, at its sole discretion, offer additional plans. However, should the BSC offer any additional plans, the BSC shall only cover employee’s and dependent’s premium expenses, as outlined above, up to the cost of the least expensive plan. Employees opting to use more expensive plans must “buy-up” to these plans and pay the difference in premium expenses.
The BSC shall provide a Health Reimbursement Account to help cover deductible eligible health-related expenses. Reimbursements shall be handled as follows:
- 1. The first $500 of deductible eligible expenses shall be paid by the employee.
- 2. The remaining balance of deductible eligible expenses shall be paid by the BSC.
- 3. The above payment schedule shall apply to each individual covered under the BSC’s health plan.
- 4. Under no circumstance shall the BSC reimburse for expenses not subject to the deductible. Furthermore, the BSC shall not reimburse for services not covered by the plan or for out of network charges, unless such expenses are recognized as a true emergency by the insurance carrier.
Eligible employees may participate in the health insurance plan, subject to all terms and conditions of the agreement between the BSC and the insurance carrier. Eligible employees may begin health insurance coverage the first day of the month following their date of hire.
24.B. Dental Insurance
The BSC provides employees and their dependents access to dental insurance. Only regular full-time employees are eligible to participate in the dental insurance plan.The BSC shall pay 100% of the dental insurance premium for the employee’s coverage under the plan offered by the BSC. The BSC shall pay the 80% of the dental insurance premium for the employee’s dependents under the plan offered by the BSC.
Eligible employees may participate in the dental insurance plan, subject to all terms and conditions of the agreement between the BSC and the insurance carrier. Eligible employees may begin dental insurance coverage the first day of the month after completing 90 days of service.
24.C. Vision Care
The BSC provides employees and their dependents access to vision care. Only regular full-time are eligible to participate in the BSC’s vision care plan. Eligible employees may participate in the vision care plan, subject to all terms and conditions of the agreement between the BSC and the insurance carrier. Eligible employees may begin vision care coverage the first day of the month following their date of hire.
24.D. Life Insurance
The BSC pays the premium for a $100,000 life insurance policy to full-time employees, subject to all terms and conditions of the agreement between the BSC and the insurance carrier.
Eligible employees may begin coverage the first day of the month, following 90 days of employment. Only regular full-time employees are eligible to participate in the plan. Details of the life insurance benefit plan including benefit amounts, limitations and restrictions are described in the Summary Plan Description provided to eligible employees.
24.E. Long Term Disability Insurance
The BSC pays the premium for a long-term disability (LTD) benefit plan to help full-time employees cope with an illness or injury that results in a long-term absence from employment. LTD is designed to ensure a continuing income for employees who are disabled and unable to work. Only regular full-time employees are eligible to participate in the plan.
Eligible employees may participate in the LTD plan subject to all terms and conditions of the agreement between the BSC and the insurance carrier. Eligible employees may begin LTD coverage the first day of the month, following 90 days of employment. Details of the LTD benefits plan including benefit amounts, limitations and restrictions are described in the Summary Plan Description provided to eligible employees.
25. 403(b) Retirement Plan
The BSC has made available a 403(b) retirement plan, to provide employees the opportunity to save for retirement.
The 403(b) plan allows each employee to elect how much salary they want to contribute and to direct to the investment of their plan account, so they can tailor their individual retirement package to meet their individual needs. The voluntary contribution to the 403(b) plan is automatically deducted from the employee’s pay before federal and state tax withholdings are calculated. In addition, after two years of employment, the BSC will pay into this plan an amount equal to 8% of the employee’s gross salary.
26. Discrimination & Harassment Prevention Policy
The BSC strives to create and maintain a work environment in which people are treated with dignity, decency, and respect. The work environment should be characterized by mutual trust and the absence of intimidation, oppression, and exploitation. Employees should be able to work and learn in a safe and stimulating environment. The accomplishment of this goal is essential to fulfilling the mission of the BSC. For that reason, the BSC will not tolerate unlawful discrimination or harassment of any kind. Through enforcement of this policy and by education of employees, members, and third-parties with whom the BSC conducts business, the BSC will seek to prevent, correct, and discipline behavior that violates this policy.
The BSC is committed to providing equal employment opportunities to all employees and applicants without regard to age (40 or older), ancestry, color, religious creed (including dress and grooming practices), disability (mental and physical), marital status, medical condition (cancer and genetic characteristics), including HIV and AIDS, genetic information, military and veteran status, national origin (including language use restrictions), race, sex (including pregnancy, child birth, breastfeeding and medical conditions related to pregnancy, child birth or breastfeeding), gender, gender identity and gender expression, sexual orientation, or any other protected status in accordance with all applicable federal, state, and local laws.
In addition, the BSC is committed to providing a work environment that is free of unlawful harassment. The BSC strictly prohibits all forms of unlawful harassment, including harassment on the basis of age (40 or older), ancestry, color, religious creed (including religious dress and grooming practices), disability (mental and physical), marital status, medical condition (cancer and genetic characteristics), including HIV and AIDS, genetic information, military and veteran status, national origin (including language use restrictions), race, sex (including pregnancy, child birth, breastfeeding, and medical conditions related to pregnancy, child birth or breastfeeding), gender, gender identity and gender expression, sexual orientation, or any other protected status in accordance with all applicable federal, state and local laws.
The BSC is committed to complying with all laws protecting qualified individuals with disabilities, as well as employees’ religious beliefs and observances. This policy extends to all aspects of BSC employment practices, including recruiting, hiring, discipline, termination, promotions, transfers, compensation, benefits, training, leaves of absence, and other terms and conditions of employment.
The BSC will provide a reasonable accommodation for any known physical or mental disability of a qualified individual or for employees’ religious beliefs and observances, provided the requested accommodation does not create an undue hardship for BSC and does not pose a direct threat to the health or safety of others in the workplace or to the individual. The BSC will not retaliate or discriminate against a person for requesting an accommodation for their disability, regardless of whether the accommodation was granted.
This policy prohibits unlawful discrimination and harassment in the workplace and provides protection for all applicants and employees of BSC, including supervisors and managers. The BSC prohibits managers, supervisors, and employees from discriminating against or harassing co-workers as well as members, alumni, vendors, suppliers, independent contractors, and others doing business with BSC. In addition, the BSC prohibits members, alumni, vendors, suppliers, independent contractors and others doing business with the BSC from discriminating against or harassing BSC employees.
All employees, regardless of their position and student/professional status are covered by and are expected to comply with this policy, and to take appropriate measures to ensure that prohibited conduct does not occur. Any employee determined to be responsible for violating this policy will be subject to appropriate disciplinary action, up to and including termination. Any employee, supervisor, or manager who condones or ignores potential violations of this policy will be subject to appropriate disciplinary action, up to and including termination. Based upon the seriousness of the offense, disciplinary action may include verbal or written reprimand, suspension, or termination of employment. Under California law, employees may be held personally liable for harassing conduct that violates the California Fair Employment and Housing Act (FEHA).
Similarly, all members, alumni, and third-parties conducting business with the BSC are expected to comply with this policy, and to take appropriate measures to ensure that prohibited conduct does not occur. Appropriate disciplinary action will be taken against any member, alumni, or third-party that violates this policy. Based upon the seriousness of the offense and the nature of the individual’s relationship with the BSC, disciplinary action may include a warning, conditional contract, membership termination, ineligibility to visit BSC property, and/or ineligibility to conduct business with the BSC.
Examples of Prohibited Sexual Harassment and/or Discrimination
Sexual harassment includes a broad spectrum of conduct, including harassment based on sex, gender, gender identity or expression, and sexual orientation. Examples of unlawful and unacceptable behavior include:
- 1. Unwanted sexual advances.
- 2. Offering an employment benefit (such as a raise, promotion or career advancement) in exchange for sexual favors, or threatening an employment detriment (such as termination or demotion) for an employee’s failure to engage in sexual activity.
- 3. Visual conduct, such as leering, making sexual gestures and displaying or posting sexually suggestive objects or pictures, cartoons or posters.
- 4. Verbal sexual advances, propositions, requests or comments.
- 5. Sending or posting sexually related messages, videos or messages via text, instant messaging or social media.
- 6. Verbal abuse of a sexual nature, graphic verbal comments about an individual’s body, sexually degrading words used to describe an individual and suggestive or obscene letters, notes or invitations.
- 7. Physical conduct, such as touching, groping, assault or blocking movement.
- 8. Physical or verbal abuse concerning an individual’s gender, gender identity or gender expression.
- 9. Verbal abuse concerning a person’s characteristics such as pitch of voice, facial hair or the size or shape of a person’s body, including remarks that a male is too feminine or a woman is too masculine.
Examples of Other Prohibited Harassment and/or Discrimination
In addition to the above listed conduct, the BSC strictly prohibits harassment or discrimination concerning any other protected characteristic. Such prohibited harassment includes:
- 1. Racial or ethnic slurs, epithets and any other offensive remarks.
- 2. Jokes, whether written, verbal or electronic.
- 3. Threats, intimidation, and other menacing behavior.
- 4. Inappropriate verbal, graphic or physical conduct.
- 5. Sending or posting harassing messages, videos or messages via text, instant messaging or social media.
- 6. Other harassing or discriminatory conduct based on one or more of the protected categories identified in this policy.
Harassment of the BSC’s members, alumni, vendors, suppliers, independent contractors or employees of the BSC’s vendors, suppliers or independent contractors by the BSC’s employees, members, alumni, or third-parties conducting business with the BSC is also strictly prohibited. Any such harassment will subject such parties to disciplinary action, up to and including termination of employment, membership termination, ineligibility to visit BSC property, and/or ineligibility to conduct business with the BSC.
Employees, members, alumni, or third-parties conducting business with the BSC who have any questions about what constitutes harassing or discriminatory conduct should contact the Human Resources Manager or Executive Director.
Reporting Harassment or Discrimination
If an employee feels that they are being harassed or discriminated against or if an employee observes harassment or discrimination by another employee, supervisor, manager, member, alumni, or third-party doing business with the BSC, the employee should immediately report the incident to their immediate supervisor, the Human Resources Manager, or Executive Director. The supervisor should immediately contact the Human Resources Manager or Executive Director in order for appropriate action to be taken. If the manager or supervisor is the person who is responsible for the harassment, or if the harassment has been reported to the manager or supervisor and no action was taken, then the employee should report such conduct or situation to the Human Resources Manager or Executive Director.
In order for the BSC to investigate and try to resolve the claim internally, all supervisors must promptly report complaints of misconduct under this policy to the Human Resources Manager or Executive Director. All complaints of unlawful harassment or discrimination that are reported to management will be investigated as promptly as possible and corrective action will be taken where warranted. Complaints will be investigated by impartial and qualified internal personnel unless external involvement is warranted. The process will be documented and tracked for reasonable progress, and all investigations will be completed timely.
The California DFEH may also investigate and process complaints of harassment or discrimination. Violators are subject to penalties and remedial measures that may include sanctions, fines, injunctions, reinstatement, back pay, and damages. The toll free number for the DEFH is (800) 884-1684.
Employees’ notification to the BSC is essential to enforcing this policy. Employees may be assured that they will not be penalized in any way for reporting a harassment or discrimination issue. It is unlawful for an employer to retaliate against employees who oppose the practices prohibited by the FEHA, or who file complaints or otherwise participate in an investigation, proceeding or hearing conducted by the California Department of Fair Employment and Housing (DEFH) or the Fair Employment and Housing Commission (FEHC). The BSC prohibits employees, members, alumni, and third-parties conducting business with the BSC from hindering its internal investigations or its internal complaint procedure. Nothing in this policy shall prevent the complainant or the respondent from pursuing formal legal remedies or resolution through state or federal agencies or the courts.
The BSC prohibits retaliation against those who report, oppose or participate in an investigation of alleged violations of this policy. Participating in an investigation of alleged wrongdoing in the workplace includes:
- 1. Filing a complaint with a federal or state enforcement or administrative agency.
- 2. Participating in or cooperating with a federal or state enforcement agency that is conducting an investigation of BSC regarding alleged unlawful activity.
- 3. Testifying as a party, witness or accused regarding alleged unlawful activity.
- 4. Associating with another employee who is engaged in any of these activities.
- 5. Making or filing an internal complaint with the BSC regarding alleged unlawful activity.
- 6. Providing informal notice to the BSC regarding alleged unlawful activity.
The BSC strictly prohibits any adverse action or retaliation against an employee for participating in an investigation of alleged violation of this policy. If an employee feels that they are being retaliated against, or should they observe retaliation by another employee, supervisor, manager, member, alumni, or third-party, they should immediately report the incident to the Human Resources Manager or Executive Director.