Anti-Harassment Policy for the Honest Weight Food Co-op

The Co-op is committed to maintaining an environment free of harassment and discrimination. 

Thank you for your interest in the Co-op's Anti-Harassment/ Anti-Discrimination Policy for Member-Owners below.

The Anti-Harassment Policy for Employees can be accessed here:

Anti-Harassment/ Anti-Discrimination Policy 

HONEST WEIGHT FOOD COOPERATIVE, INC. 

ANTI-HARASSMENT/ ANTI-DISCRIMINATION POLICY 

For MEMBER-OWNERS 

Introduction

Honest Weight Food Cooperative, Inc. (“HWFC”) is committed to maintaining an environment free from discrimination and harassment based on sex, race, color, religion, pregnancy, gender, citizenship, ethnicity, marital and parental status, disability, national origin or ancestry, creed, age, sexual orientation, gender identity, gender expression, military status, domestic victim status, criminal history, political beliefs, or any status protected by law (each defined as a “Protected Category”).

To be clear, this policy prohibits sexual harassment. Sexual harassment is a form of discrimination.

Your Rights: Harassment and discrimination are against the law. Member-Owners investing time at HWFC or otherwise exercising their rights as Owners (collectively referred to as "Member-Owner Activities") have a right to do so in an environment free from discrimination and harassment.

Your Responsibilities: All Member-Owners are responsible for maintaining an environment that prevents discrimination and harassment at HWFC. 

What is Discrimination?

The differential treatment of an individual or group of people based on their sex, race, color, religion, pregnancy, gender, citizenship, ethnicity, marital and parental status, disability, national origin or ancestry, creed, age, sexual orientation, gender identity, gender expression, military status, domestic victim status, criminal history, political beliefs, employee status, Member-Owner status or any status protected by law (each defined as a “Protected Category”).

Discrimination is the broad term used to refer to actions based on an individual’s characteristics as defined in this policy. Discrimination means being treated differently or unfairly. Understanding what constitutes discrimination is the first step to ensuring a fair and just environment at HWFC. 

What is Harassment?

Harassment is a form of discrimination. Actions relating to Member-Owner Activities based on a Protected Category are expressions of discrimination. This Policy is intended to educate HWFC’s Community in order to prevent discrimination and harassment. This policy is one component of HWFC’s commitment to a discrimination-free environment.

Harassment is defined as unwelcome conduct or speech directed at an individual or group of individuals, based on a Protected Category, which:

• Interferes with an individual’s Member-Owner Activities; or
• creates an intimidating, hostile, or offensive environment at HWFC.

Harassment may include, but is not limited to:

• Offensive remarks, comments, jokes, slurs, or verbal conduct pertaining to a Protected Category;
• Offensive pictures, drawings, photographs, figurines, or other graphic images, conduct, or communications, including e-mail, faxes, and copies pertaining to a Protected Category;
• Offensive sexual remarks, sexual advances, or requests for sexual favors regardless of the gender of the individuals involved; and
• Offensive physical conduct, including touching and gestures, regardless of the gender of the individuals involved.

What Is “Sexual Harassment”?

Sexual harassment is a form of sex discrimination and is unlawful under federal, state, and (where applicable) local law. Sexual harassment includes harassment on the basis of sex, sexual orientation, self-identified or perceived sex, gender expression, gender identity and the status of being transgender.

Sexual harassment includes unwelcome conduct which is either of a sexual nature, or which is directed at an individual because of that individual’s sex when:

• Such conduct has the purpose or effect of unreasonably interfering with an individual’s Member-Owner Activities at HWFC or creating an intimidating, hostile or offensive environment, even if the reporting individual is not the intended target of the sexual harassment;
• Such conduct is made either explicitly or implicitly a term or condition of Member-Owner Activities; or
• Submission to or rejection of such conduct is used as the basis for decisions affecting Member-Owner Activities.

A sexually harassing hostile environment includes, but is not limited to, 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 which are offensive or objectionable to the recipient, which cause the recipient discomfort or humiliation, which interfere with the recipient’s Member-Owner Activities or the provision of services to HWFC (as the case may be).

Sexual harassment also occurs when a person in authority tries to trade Member-Owner Activities for sexual favors. This is also called “quid pro quo” harassment.

Any Member-Owner covered by this policy who feels harassed should report such conduct so that any violation of this policy can be corrected promptly. Any harassing conduct, even a single incident, can be addressed under this policy.

Examples of sexual harassment

The following describes some of the types of acts that may be unlawful sexual harassment and that are strictly prohibited:

• Physical acts of a sexual nature, such as:     

• • Touching, pinching, patting, kissing, hugging, grabbing, brushing against another’s body or poking another’s body; or    
  • Rape, sexual battery, molestation or attempts to commit these assaults.

• Unwanted sexual advances or propositions, such as:     

• • Requests for sexual favors accompanied by implied or overt threats concerning the target’s Member-Owner Activities;     
  • Subtle or obvious pressure for unwelcome sexual activities.

• Sexually oriented gestures, noises, remarks or jokes, or comments about a person’s sexuality or sexual experience, which create a hostile environment.
• Sex stereotyping occurs when conduct or personality traits are considered inappropriate simply because they may not conform to other people's ideas or perceptions about how individuals of a particular sex should act or look.
• Sexual or discriminatory displays or publications anywhere in HWFC or other areas where Member-Owner Activities take place, such as:     

• • Displaying pictures, posters, calendars, graffiti, objects, promotional material, reading materials or other materials that are sexually demeaning or pornographic. This includes such sexual displays on computers or cell phones and sharing such displays while engaging in Member-Owner Activities.

• Hostile actions taken against an individual because of that individual’s sex, sexual orientation, gender identity, or gender expression, and the status of being transgender, such as:     

• • Interfering with, destroying or damaging a person’s tools or equipment, or otherwise interfering with the individual’s ability to engage in Member-Owner Activities;     
  • Sabotaging an individual’s Member-Owner Activities;     
  • Bullying, yelling, name-calling.

Who can be a target of sexual harassment?

Sexual harassment can occur between any individuals, regardless of their sex or gender. New York Law protects Member-Owners at HWFC including HWFC events and functions. Harassers can be a store or department manager or general staff member, or anyone at HWFC including a Member-Owner, independent contractor, contract worker, vendor, client, customer or visitor.

Where can sexual harassment occur?

Sexual harassment is not limited to the physical HWFC location itself. It can occur while Member-Owners covered by this policy are traveling on behalf of HWFC or at HWFC sponsored events or parties. Calls, texts, emails, and social media usage by individuals can constitute unlawful co-op related harassment, even if they occur away from HWFC premises, on personal devices or during non-Member-Owner Activities or non-event and function activities.

What is Retaliation?

Unlawful retaliation can be any action that could discourage a Member-Owner from coming forward to make or support a discrimination or harassment claim. Adverse action need not be Member-Owner Activity-related or occur on HWFC premises or at HWFC functions and events to constitute unlawful retaliation (e.g., threats of physical violence outside of Member-Owner Activities).

This policy protects any Member-Owner who has engaged in “protected activity.” 

Protected activity occurs when a Member-Owner has:

• made a complaint of discrimination or harassment, either internally or with any anti-discrimination agency;
• testified or assisted in a proceeding involving discrimination or harassment under the Human Rights Law or other anti-discrimination law;
• opposed discrimination or harassment by making a verbal or informal complaint to management, the Member-Owner Coordinator (MOC), the Board Administrator, or any member of the Board, or by simply informing a manager or other Member-Owner of discrimination or harassment;
• reported that an employee or Member-Owner has been discriminated against or harassed; or
• encouraged an employee or Member-Owner to report discrimination or harassment.

Even if the alleged discrimination or harassment does not turn out to rise to the level of a violation of law, the Member-Owner is protected from retaliation if the individual 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 discrimination or harassment.

Reporting Discrimination or Harassment

Preventing discrimination and harassment is the responsibility of every Member-Owner. HWFC cannot prevent or remedy discrimination or harassment unless it knows about it. 

Member-Owners who have been subjected to potential instances of discrimination or harassment are strongly encouraged to report such discrimination or harassment to HWFC's MOC, the Board Administrator, or any member of the Board. Member-Owners are encouraged to make the report in writing. Member-Owners who witness or become aware of potential instances of discrimination or harassment are required, due to their status as Owners, to report such discrimination or harassment to HWFC's MOC, the Board Administrator or any member of the Board. Member-Owners are encouraged to make the report in writing.

All written reports can be emailed to HWFC's MOC at MemberServices@honestweight.coop or to BoardAdmin@honestweight.coop, or sealed and then submitted to the Manager on Duty or the Service Desk, who will forward the sealed document to HWFC’s MOC or to the President of the Board of Directors.

Complaint and Investigation of Discrimination and Harassment

All complaints or information about discrimination or harassment will be investigated, whether that information was reported in verbal or written form. 

Investigations will be conducted in a timely manner, and will be confidential to the extent possible. Investigations will be conducted by the Board of Directors, or their designees.

An investigation of any complaint, information or knowledge of suspected discrimination or harassment will be prompt and thorough, commenced immediately and completed as soon as possible. The investigation will be kept confidential to the extent possible. All persons involved, including complainants, witnesses and alleged discriminators and harassers will be accorded due process, as outlined below, to protect their rights to a fair and impartial investigation.

Any Member-Owner may be required to cooperate as needed in an investigation of suspected discrimination or harassment. 

HWFC will not tolerate retaliation against any Member-Owners who file complaints, support another’s complaint or participate in an investigation regarding a violation of this policy.

While the process may vary from case to case, investigations will typically be done in accordance with the following steps:

• Upon receipt of complaint, the assigned investigator(s) will conduct an immediate review of the allegations. If the complaint is verbal, encourage the Member-Owner to complete the Complaint Form. If the Member-Owner declines, the investigator will prepare a Complaint Form based on the verbal reporting.
• The assigned investigator will quickly take any interim actions, as appropriate and in compliance with the Member-Owner Manual.
• If documents, emails or phone records are relevant to the investigation, take steps to obtain and preserve them.
• Request and review all relevant documents, including all electronic communications.
• Interview all parties involved, including any relevant witnesses.
• Create a written documentation of the investigation (such as a letter, memo or email), which contains the following:     

• • A list of all documents reviewed, along with a detailed summary of relevant documents;     
  • A list of names of those interviewed, along with a detailed summary of their statements;     
  • A timeline of events;     
  • A summary of prior relevant incidents, reported or unreported; and     
  • The basis for the decision and final resolution of the complaint, together with any corrective action(s).

• Keep the written documentation and associated documents in a secure and confidential location.
• Promptly notify the Member-Owner who reported and the individual(s) about whom the complaint was made of the final determination and implement any corrective actions identified in the written document.
• Inform the Member-Owner who reported that they may file a complaint.

Contact the Local Police Department

If the harassment involves unwanted physical touching, coerced physical confinement or coerced sex acts, the conduct may constitute a crime. Contact the local police department.