The Democratic Party is committed to the goal of each worker, contractor, volunteer and member of the public interacting with any of the foregoing having a work environment free from harassment and workplace violence. In keeping with this goal, the MALIBU DEMOCRATIC CLUB (“MDC”) is committed to providing each volunteer, contractor and employee with a work environment free of unlawful harassment and workplace violence. The MDC will not tolerate any form of discrimination or harassment by anyone involved in the operation of the MDC and, as such, prohibits unlawful discrimination against or harassment by all such persons, including by employees, officers, applicants, volunteers, interns, members, and persons providing services pursuant to a contract (hereinafter collectively “covered persons”). The MDC considers discrimination and/or harassment to be the kind of serious violation of Party norms which can result in disciplinary action to the offending person.
1. Anti-Harassment Policy
Prohibited harassment or discrimination refers to harassment or discrimination on the basis of sex, race, color, ancestry, citizenship, national origin, religion, age, physical or mental disability, medical condition, pregnancy, marital status, military and veteran status, sexual orientation, or gender identity or expression, being transgender or a gender non-conforming individual or any other characteristic protected by federal, state, or local laws. Prohibited harassment and discrimination also includes conduct based on the perception that anyone has any of the aforementioned characteristics, or is associated with a person who has or is perceived as having any of those characteristics. “Military and veteran status” is defined broadly as “a member or veteran of the United States Armed Forces, United States Armed Forces Reserve, the United States National Guard, and the California National Guard.” All such harassment, whether or not unlawful, is prohibited; and the MDC has a zero-tolerance policy when it comes to prohibited harassment. The MDC’s anti-harassment policy applies to all persons involved in the operation of any campaign headquarters funded or operated by the MDC and it applies to prohibited and unlawful harassment by any such headquarters employee, contractor, or volunteer, including supervisors, those one supervises and coworkers.
The MDC’s prohibition of unlawful discrimination and harassment specifically includes, is but not limited to, the following behavior to the extent it is violative of applicable law or constitutes an unlawful hostile or discriminatory workplace or condition of employment:
- VERBAL CONDUCT such as epithets, derogatory jokes or comments, slurs or unwanted sexual advances, invitations, or comments;
- VISUAL CONDUCT such as derogatory and/or sexually-oriented posters, photography, videos, cartoons, drawings, or gestures;
- PHYSICAL CONDUCT including assault, unwanted touching, intentionally blocking normal movement, or interfering with work directed at an individual because of the individual’s sex, race, or any other protected characteristic;
- THREATS AND DEMANDS to submit to sexual requests in order to keep a job or avoid some other loss, and offers of job benefits in return for sexual favors.
- ANY RETALIATION for having reported or threatened to report harassment.
Depending on the circumstances, examples of these behaviors include but are not limited to:
- unwanted sexual advances or requests for sexual favors;
- sexual jokes and innuendo;
- verbal abuse or advances of a sexual nature;
- commentary about an individual’s body, sexual prowess or sexual deficiencies;
- leering, catcalls or touching;
- insulting or obscene comments or gestures;
- display or circulation in the workplace of sexually suggestive objects or pictures (including through e-mail); and
- other unwelcome physical, verbal or visual conduct of a sexual nature.
No covered person may threaten or insinuate, either explicitly or implicitly, that an individual’s refusal to submit to sexual advances will adversely affect the individual’s employment, compensation, advancement, assigned duties, or any other term or condition of employment or career development.
Harassment based on any other protected characteristic is likewise strictly prohibited. This policy prohibits unacceptable conduct in all interactions arising in connection with the operation of the MDC.
This policy is meant to be expansive and also includes a prohibition of harassment by visitors to or “customers” of the MDC’s office or other facilities where the MDC operates.
The obligation to treat others with dignity and respect extends to cyberspace. “Cyberbullying” is the willful and repeated use of cell phones, computers, and other electronic communication devices to harass and threaten others. Instant messaging, chat rooms and other social media, e-mails, and messages posted on websites are common means of engaging in this type of misconduct. It is not limited to words, but includes images, sounds, data or intelligence. Cyberbullying can include, but is not limited to, defamatory, inaccurate, disparaging, violent, abusive, profane, or sexually oriented material (including so-called “sexting”), and sometimes includes efforts to embarrass or bombard another.
Cyberbullying incidents frequently runs afoul of the other prohibitions in this policy with no less serious disciplinary consequences, but even when it does not, it is sever misconduct for which there is a zero tolerance.
If you believe that you have been unlawfully harassed or witnessed unlawful harassment, submit a written complaint to the Board of the MDC, one of the MDC’s officers , and/or the LA County Democratic Party as soon as possible after the incident. You are never required to file a complaint with the harasser(s). Your complaint should include details of the incident or incidents, names of the individuals involved, and names of any witnesses.
If you are uncomfortable providing details of the incident to the person to whom you report the incident, the MDC will use its best efforts to provide you with access to a non-employee, non-officer to collect that data. The MDC will immediately undertake an effective, thorough, and objective investigation of the harassment allegations.
If the the MDC determines that unlawful harassment has occurred, effective remedial action will be taken in accordance with the circumstances involved. Any employee determined by the the MDC to be responsible for unlawful harassment will be subject to appropriate disciplinary action, up to and including termination. To the extent consistent with law, Management ordinarily will advise all parties concerned of the results of the investigation. The MDC will not retaliate against any employee, member, volunteer or other covered person for filing a complaint and will not tolerate or permit retaliation by management, employees, or co-workers.
The MDC encourages all employees to report any incidents of harassment forbidden by this policy immediately so that complaints can be quickly and fairly resolved. You also should be aware that the Federal Equal Employment Opportunity Commission and the California Department of Fair Employment and Housing investigate and prosecute complaints of prohibited harassment in employment.
EEOC, LA District Office California DFEH, Los Angeles Office
Roybal Federal Building 320 W. 4th Street, 10th Floor
255 East Temple St., 4th Floor Los Angeles, CA 90013
Los Angeles, CA 90012
Phone: 1-800-669-4000 Phone:800-884-1684 (TTY) or California’s Relay Service at 711
Fax: 213-894-1118
TTY: 1-800-669-6820 TTY: 800-700-2320
ASL Video Phone: 844-234-5122 Email: contact.center@dfeh.ca.gov
If you think you have been harassed or that you have been retaliated against for resisting or complaining, you may file a complaint with the appropriate agency.
If you have any questions concerning this policy, please feel free to contact the MDC’s Board or any of its Officers. The names of current Board Members and Officers can be found on the MDC Website, www.MalibuDemocraticClub.org.
2. Workplace Violence Policy
The MDC is committed to providing a workplace that is free from acts of violence or threats of violence. In keeping with this commitment, the MDC has established a policy that provides “zero tolerance” for actual or threatened violence against one’s co-workers, supervisors, visitors or any other persons who are either on our premises or have contact with our employees, contractors, and volunteers. Safety and security is everyone’s responsibility.
Compliance with this anti-violence policy is a condition of your employment (if you are an employee) or your permission to be on our premises (if you are a non-employee).
Every verbal or physical threat of violence must be treated seriously and reported immediately to the Board of the MDC, one of the MDC’s officers or the LA County Democratic Party. You are never required to file a complaint with the person making the threat. Your complaint should include details of the incident or incidents, names of the individuals involved, and names of any witnesses. If you are uncomfortable providing details of the incident to the person to whom you report the incident, the MDC will use its best efforts to provide you with access to a non-employee, non-officer to collect that data. The MDC will immediately undertake an effective, thorough, and objective investigation of the harassment allegations.
If the MDC determines that workplace violence or other misconduct has occurred, effective remedial action will be taken in accordance with the circumstances involved. Any employee determined by the MDC to be responsible for workplace violence or other such misconduct will be subject to appropriate disciplinary action, up to and including termination. To the extent consistent with law, Management ordinarily will advise all parties concerned of the results of the investigation. The MDC will not retaliate against any employee for filing a complaint and will not tolerate or permit retaliation by management, employees, or co-workers.
In situations where an employee, contractor, or volunteer becomes aware of an imminent act of violence, threat of imminent violence or actual violence, emergency assistance should be sought immediately. In such circumstances, the employee, contractor, or volunteer should notify someone in charge and/or appropriate law enforcement authorities, as the circumstances demand. When promptly and properly notified of such an emergency, it is the policy of the MDC to do whatever it can to ensure that appropriate action is taken.
Other resources you may wish to access include:
Domestic Violence: 800-766-SAFE
Trans Lifeline: 877-565-8860
Suicide Prevention: 800-273-8255
Sexual Violence: 800-656-HOPE
Adopted by the Malibu Democratic Club Board, June 2019