Preface
The following model policy is intended as a starting point for member veterinarians, not as a definitive statement of the law concerning harassment. Anti-discrimination and anti-harassment laws may differ greatly from state-to-state and from city-to-city. The categories of prohibited discrimination contained in the model policy (race, color, gender, sexual orientation, religion, national origin, ancestry, age, marital or parental status, or disability) are those prohibited by federal, state and local law. Other categories such as unfavorable discharge from military service may be protected under state and/or local law, depending upon the location of your practice. Moreover, depending on the size of your practice and/or the affiliation of your practice with public entities, these laws may or may not apply to your practice. You, therefore, should consult an attorney, preferably one knowledgeable in employment law, to determine which federal, state, and local laws apply to you before adopting this policy, or any employment policy, with or without modification.

Establishing a policy assures individuals in the workplace that the organization is committed to preventing harassment in the workplace. Management has a legal responsibility to address complaints of harassment or discrimination in the workplace, as well as complaints of harassment or discrimination between staff members and other outside parties doing business with your practice (e.g. contractors, vendors, or clients). This Model Policy on Harassment is intended as a guide for management in the veterinary workplace or setting to provide an internal mechanism for potential resolution of a complaint, to assist in avoiding litigation. In addition, having an established Harassment Policy that is well written and well communicated to your staff will aid in the defense of any external legal claims.

Sample Policy
The (name of organization) strives to create and maintain a work environment in which people are treated with dignity, decency and respect. For this reason, the (name of organization) has a zero tolerance policy regarding harassment or discrimination of any kind. All individuals, associated with, or employed by, (name of organization), are covered by and are expected to comply with this policy. Hereinafter the term "individual" shall mean all persons associated with, or employed by, (name of organization). Appropriate disciplinary action will be taken against any individual who violates this policy up to and including termination.

The harassment of any individual because of race, color, gender, sexual orientation, religion, national origin, ancestry, age, marital or parental status, disability or other status protected under state or federal law is strictly prohibited and will not be tolerated.

Sexual Harassment
As part of this policy, sexual harassment of any individual is strictly prohibited and will not be tolerated.

Any unwelcome verbal or written comments of a sexual nature (e.g. jokes, innuendos, or slurs), physical conduct (e.g. touching or gesturing), unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature shall be considered sexual harassment which violates this policy and shall subject the offender to appropriate disciplinary action, up to and including termination when:

1. Submission to such conduct is made either explicitly or implicitly a condition of an individual's employment;
   
   
2. Submission to or rejection of such conduct by an individual is used as a factor in any decision affecting the individual's employment, including but not limited to any decision related to advancement, performance assessment, compensation, assignments, schedules, discipline and termination; or
   
   
3. Such conduct interferes with an individual's employment or creates an intimidating, hostile, or offensive employment environment.

Other Forms of Harassment
It is also the policy of (name of organization) that any unwelcome verbal or written comments or physical conduct of a hostile or offensive nature based on a person's race, color, religion, sexual orientation, national origin, ancestry, age, marital or parental status, disability, or other status protected under state or federal law shall also be considered harassment which violates this policy and shall subject the offender to appropriate disciplinary action, up to and including termination, when such conduct interferes with an individual's employment or creates an intimidating, hostile, or offensive work environment.

Procedure for Filing a Complaint of Harassment or Discrimination
Any individual who believes that he or she has been the subject of any form of harassment and/or discrimination by any other individual or outside party engaged in business with (name of organization) should, and is encouraged to, file a verbal or written complaint with the (designated staff member) or (alternate staff member) immediately. However submitted, the individual filing the complaint must provide the name of the alleged harasser, and specific allegations and witnesses, if any, for further processing of the complaint to occur.

If a supervisor or manager becomes aware that harassment or discrimination is occurring, either from personal observation or as a result of an individual coming forward, the supervisor or manager is required to immediately report it to (designated staff member).

The (designated staff member) will conduct a prompt and thorough investigation of the alleged incident or behavior named in the complaint to the extent possible, and appropriate corrective action will be taken if warranted. To the extent consistent with adequate investigation and appropriate corrective action, any complaints of harassment or discrimination will be treated as confidential.

Any individual found to have engaged in any form of harassment and/or discrimination will be disciplined as appropriate, up to and including discharge. Disciplinary action may also be taken against any individual who fails to cooperate fully and honestly in the investigation of a complaint of harassment or discrimination, or who files a complaint of harassment or discrimination in bad faith. Founded claims of any form of harassment or discrimination by contractors, vendors, or other outside parties doing business with (name of organization) will be dealt with appropriately.

The (name of organization) will not in any way retaliate against an individual who, in good faith, makes a complaint or report of harassment or discrimination, or participates in the investigation of such a complaint or report. Retaliation against any individual for reporting a claim of harassment or discrimination in good faith, or cooperating in the investigation of a claim of harassment or discrimination will not be tolerated and will itself be subject to appropriate discipline, up to and including termination.

The (name of organization) expects all individuals to act responsibly in maintaining a work environment free of harassment and discrimination, and will take all appropriate steps to enforce this policy.

Policy Implementation

• In addition to having a member of management as the designated staff member to whom complaints of harassment and/or discrimination are to be made, it is important that staff members have an alternate designated staff member(s) to report complaints to in the event the primary contact is identified as the source of harassment.
  
  
• Staff members should sign an acknowledgement and receipt form when they receive a copy of the written Harassment Policy. A sample acknowledgment and receipt form is attached.
  
  
• In addition to the written policy, staff should also receive meaningful training on the policy, and their rights and responsibilities under the policy. This will also assist in the defense of any outside legal claims.
  
  
• All members of your management staff should be advised that they are accountable for the effective administration of this policy and that they may have personal liability for failure to adhere to the policy.
  
  
• Once a complaint is received, a fair and impartial investigation of the complaint should begin immediately. These investigations should be conducted as confidentially as possible, on a need-to-know basis. You should interview in confidence the employee filing the complaint, as well as the individual(s) against whom the complaint has been filed. Any witnesses to the alleged harassment should also be interviewed in confidence if necessary. The investigation and the results should be fully documented in writing.
  
  
• Once the investigation has been completed, if the charge is found to have merit, appropriate disciplinary action should be taken against the employee who violated the policy, up to and including immediate termination of employment based on the severity of the infraction. It is important that disciplinary actions be applied in a consistent manner, and that they be sufficient to stop the harassment and to prevent its recurrence.

Should the investigation indicate that an individual has become the victim of harassment by a third party not employed at the same organization but with which they conduct business, management should take appropriate action dealing with the management of the accused offender to resolve the complaint.

Sample Acknowledgment and Receipt Form

This is to acknowledge that I have received a copy of the (name of organization's) "Harassment Policy", and that I have read and understand the policy.

Signed: