Non-Discrimination Policy

Status: Draft

ARTICLE I - PURPOSE

1. Purpose. The purpose of this Non-Discrimination Policy ("Policy") is to prohibit unlawful discrimination against persons who are employed by, do business with, or otherwise interact with Wikimedia District of Columbia ("Wikimedia DC").

2. Intent. In adopting this Policy, it is the intent of Wikimedia DC to conform to the spirit, as well as the letter, of all applicable laws and regulations, including Title VII of the Civil Rights Act of 1964, the Age Discrimination Act of 1975, and the Americans With Disabilities Act of 1990.

ARTICLE II - GENERAL PROVISIONS

1. Discrimination. It is the policy of Wikimedia DC to prohibit discrimination, in whole or in part, on the basis, perceived or actual, of race, color, religion, national origin, sex, age, marital status, personal appearance, disability, sexual orientation or identity, gender identity or expression, familial status, family responsibilities, genetic information, disability, matriculation, political affiliation, veteran status, source of income, place of residence or business, or any other legally protected characteristic.

2. Applicability. The provisions of this Policy shall apply to any individual representing Wikimedia DC in any capacity, including all officers, directors, employees, contractors, and volunteers; and to individuals or organizations doing business with Wikimedia DC to the greatest feasible extent.

3. Responsibility. All employees, volunteers, and other staff of Wikimedia DC shall comply with this Policy at all times. The President shall be responsible for disseminating this Policy and for ensuring overall compliance. The Secretary shall be responsible for maintaining records in compliance with applicable laws and regulations.

4. Safe Space. All employees, contractors, and others representing Wikimedia DC in any capacity shall comply with the provisions of the Safe Space Policy regarding personal conduct at all times.

5. Violations. Violations of this Policy shall not be tolerated, regardless of whether or not an actual law has been violated. Violations of this Policy shall be reported to the President, the Chair of the Audit Committee, or the Safe Space Committee. Wikimedia DC shall promptly and thoroughly investigate every issue that is brought to its attention in this area and shall take appropriate disciplinary action, up to and including termination of employment.

ARTICLE III - EQUAL EMPLOYMENT OPPORTUNITY

1. Applicability. The policy of equal employment opportunity shall apply to all aspects of the relationship between Wikimedia DC and its employees, including, but not limited to, recruitment, employment, promotion, transfer, training, working conditions, wages and salary administration, employee benefits, and application of policies.

2. Employment of Veterans. To the extent required by law, Wikimedia DC shall take action to employ, advance in employment, and treat qualified veterans and disabled veterans without discrimination in all employment practices.

ARTICLE IV - DISABILITIES

1. Definitions. As used in this Policy, the following terms have the indicated meaning:

(a) “Disability” refers to a physical or mental impairment that substantially limits one or more of the major life activities of an individual. An individual who has such an impairment, has a record of such an impairment, or is regarded as having such an impairment is a “disabled individual”.

(b) A “qualified individual” means an individual who, with or without reasonable accommodation, can perform the essential functions of the employment position that the individual holds or has applied for.

(c) “Reasonable accommodation” means making existing facilities readily accessible to and usable by individuals with disabilities, job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, adjustment or modification of examinations, adjustment or modification of training materials, adjustment or modification of policies, and similar activities.

(d) “Undue hardship” means an action requiring significant difficulty or expense by the employer. The factors to be considered in determining an undue hardship include: (1) the nature and cost of the accommodation; (2) the overall financial resources of the facility at which the reasonable accommodation is to be made; (3) the number of persons employed at that facility; (4) the effect on expenses and resources or other impact upon that facility; (5) the overall financial resources of the Company; (6) the overall number of employees and facilities; (7) the operations of the particular facility as well as the entire Company; and (8) the relationship of the particular facility to the Company. These are not all of the factors but merely examples.

(e) “Direct threat to safety” means a significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation.

(f) “Essential job functions” refers to those activities of a job that are the core to performing said job for which the job exists that cannot be modified.

2. Non-Discrimination. It is the policy of Wikimedia DC not to discriminate against qualified individuals with disabilities in regard to application procedures, hiring, advancement, discharge, compensation, training, or other terms, conditions, and privileges of employment.

3. Accommodation. It is the policy of Wikimedia DC to reasonably accommodate qualified individuals with disabilities. Wikimedia DC shall reasonably accommodate qualified individuals with a temporary or long-term disability so that they can perform the essential functions of a job. An individual who can be reasonably accommodated for a job, without undue hardship, shall be given the same consideration for that position as any other applicant.

4. Safety Standards. All employees of Wikimedia DC are required to comply with safety standards. Applicants who pose a direct threat to the health or safety of other individuals in the workplace, which threat cannot be eliminated by reasonable accommodation, shall not be hired. Current employees who pose a direct threat to the health of safety of the other individuals in the workplace shall be placed on appropriate leave until an organizational decision has been made in regard to the employee’s immediate employment situation.

ARTICLE V - SEXUAL HARASSMENT

1. Definitions. As used in this Policy, the following terms have the indicated meaning:

(a) "Sexual harassment" is defined as any unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when submission to or rejection of such conduct is used as the basis for employment decisions, or such conduct has the purpose or effect of creating an intimidating, hostile, or offensive working environment.

(b) "Quid pro quo harassment" is sexual harassment where submission to harassment is used as the basis for employment decisions, or where employee benefits such as raises, promotions, or better working hours are directly linked to compliance with sexual advances. Only someone in a supervisory capacity or having the authority to grant such benefits can engage in quid pro quo harassment.

(c) "Hostile work environment harassment" is sexual harassment where the harassment creates an offensive and unpleasant working environment. A hostile work environment can be created by anyone in the work environment, whether it be supervisors, other employees, or customers. Hostile environment harassment consists of verbiage of a sexual nature, unwelcome sexual materials, or even unwelcome physical contact as a regular part of the work environment.

2. Unacceptable Conduct. Examples of conduct that may constitute sexual harassment include, but are not limited to: sexual innuendoes, suggestive comments, jokes of a sexual nature, sexual propositions, and lewd remarks; requests for any type of sexual favor; the distribution, display, or discussion of any written or graphic material, including calendars, posters, and cartoons that are sexually suggestive, or shows hostility toward an individual or group because of sex; suggestive or insulting sounds; leering; staring; whistling; obscene gestures; content in letters and notes, facsimiles, e-mail, that is sexual in nature; and unwelcome, unwanted physical contact, including but not limited to, touching, tickling, pinching, patting, brushing up against, hugging, cornering, kissing, fondling, forced sexual intercourse or assault.

3. Acceptable Conduct. Sexual harassment does not refer to behavior or occasional compliments of a socially acceptable nature. Normal, courteous, mutually respectful, pleasant, non-coercive interactions between employees, including men and women, that are acceptable to and welcomed by both parties, are not considered to be harassment, including sexual harassment.

4. Consensual Sexual Relationships. Wikimedia DC strongly discourages romantic or sexual relationships between a management or other supervisory employee and his or her staff (an employee who reports directly or indirectly to that person), because such relationships tend to create compromising conflicts of interest or the appearance of such conflicts. In addition, such a relationship may give rise to the perception by others that there is favoritism or bias in employment decisions affecting the staff employee. Moreover, given the uneven balance of power within such relationships, consent by the staff member is suspect and may be viewed by others or, at a later date, by the staff member themselves as having been given as the result of coercion or intimidation. The atmosphere created by such appearances of bias, favoritism, intimidation, or coercion or exploitation undermines the spirit of trust and mutual respect which is essential to a healthy work environment.

5. Burden of Proof for Consensual Sexual Relationships. In all cases, the burden of proving sexual harassment rests with the accuser. However, when charges of harassment are brought by the subordinate employee during or subsequent to such a relationship, and the supervisor claims that the relationship was consented to by the employee, the burden to prove that the relationship was consensual and voluntary shall rest with the supervisor.

6. Notification of Consensual Sexual Relationships. If any Wikimedia DC employee enters into a consensual relationship which is romantic or sexual in nature with a member of his or her staff (an employee who reports directly or indirectly to him or her), or if one of the parties is in a supervisory capacity in the same department in which the other party works, the parties must notify the President. Although the parties may feel that what they do during non-working hours is their business and not the business of the company, because of potential issues regarding "quid pro quo" harassment, Wikimedia DC has made this a mandatory requirement. This requirement does not apply to employees who do not work in the same department, nor to parties who do not supervise or otherwise manage responsibilities over the other.

7. Actions with Respect to Consensual Sexual Relationships. Once the relationship is made known to the President, he or she shall review the situation in light of all the facts (including the reporting relationship between the parties, the effect on coworkers, and the job titles of the parties), and shall determine whether one or both parties need to be moved to another job or department. If it is determined that one party must be moved, and there are jobs in other departments available for both, the parties may decide who will be the one to apply for a new position. If the parties cannot amicably come to a decision, or the party is not chosen for the position to which he or she applied, the parties shall contact the President, who shall decide which party should be moved. That decision will be based on which move will be least disruptive to the organization as a whole. If it is determined that one or both parties must be moved, but no other jobs are available for either party, the parties will be given the option of terminating their relationship or resigning.

ARTICLE VI - RETALIATION

1. No Retaliation. No hardship, no loss or benefit, and no penalty shall be imposed on an employee as punishment for:

(a) Filing or responding to a bona fide complaint of discrimination or harassment;

(b) Appearing as a witness in the investigation of a complaint; or

(c) Serving as an investigator of a complaint.

2. Consequences. Retaliation or attempted retaliation is a violation of this Policy. Any employee who engages in retaliation or attempted retaliation shall be subject to severe sanctions up to and including termination.