18.1 Equal Opportunity Employment

Purple Maiʻa Foundation is an equal opportunity employer. In accordance with anti-discrimination law, it is the purpose of this policy to effectuate these principles and mandates. Purple Maiʻa Foundation prohibits discrimination and harassment of any type and affords equal employment opportunities to employees and applicants without regard to race, color, religion, sex, sexual orientation, gender identity or expression, pregnancy, age, national origin, disability status, genetic information, protected veteran status, or any other characteristic protected by law. Purple Maiʻa Foundation conforms to the spirit as well as to the letter of all applicable laws and regulations.

The policy of equal employment opportunity (EEO) and anti-discrimination applies to all aspects of the relationship between Purple Maiʻa Foundation and its employees, including:

Recruitment.
Employment.
Promotion.
Transfer.
Training.
Working conditions.
Wages and salary administration.
Employee benefits and application of policies.

The policies and principles of EEO also apply to the selection and treatment of independent contractors, personnel working on our premises who are employed by temporary agencies and any other persons or firms doing business for or with Purple Maiʻa Foundation. 

The officers of Purple Maiʻa Foundation will be responsible for the dissemination of this policy. Directors, managers and supervisors are responsible for implementing equal employment practices within each department. The HR department is responsible for overall compliance and will maintain personnel records in compliance with applicable laws and regulations.

 

Purple Maiʻa Foundation administers our EEO policy fairly and consistently by:

Posting all required notices regarding employee rights under EEO laws in areas highly visible to employees.

Advertising for job openings with the statement “We are an equal opportunity employer and all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity or expression, pregnancy, age, national origin, disability status, genetic information, protected veteran status, or any other characteristic protected by law.”

Posting all required job openings with the appropriate state agencies.

Forbidding retaliation against any individual who files a charge of discrimination, opposes a practice believed to be unlawful discrimination, reports harassment, or assists, testifies or participates in an EEO agency proceeding.

Requires employees to report to a member of management, an HR representative or the general counsel any apparent discrimination or harassment. The report should be made within 48 hours of the incident.

Promptly notifies the general counsel of all incidents or reports of discrimination or harassment and takes other appropriate measures to resolve the situation.

 

18.2 Reasonable Accommodation for Disabilities

The Americans with Disabilities Act (ADA) is a federal law that prohibits employers with 15 or more employees from discriminating against applicants and employees with disabilities. It also requires employers to provide reasonable accommodations to applicants and employees who are qualified for a job, with or without reasonable accommodations, so that they may perform the essential job functions of the position.

 

Purple Maia Foundation complies with all applicable laws concerning the employment of individuals with disabilities and acts in accordance with regulations and guidance issued by the Equal Employment Opportunity Commission (EEOC). The company does not discriminate against qualified individuals with disabilities in regard to application procedures, hiring, advancement, discharge, compensation, training or other terms, conditions and privileges of employment.

 

When a job applicant with a disability requests accommodation that can be reasonably provided without creating an undue hardship or causing a workplace safety risk, he or she will be given the same consideration for employment as any other applicant.

 

Purple Maia Foundation will reasonably accommodate qualified individuals (candidates and employees) with disabilities so that they can perform the essential functions of a job, unless the requested accommodations result in the following:

A direct threat to the safety or well-being of the individuals or others in the workplace and the threat cannot be eliminated by reasonable accommodation; or

An undue hardship to Purple Maia Foundation.

 

Individuals who are currently using illegal drugs are excluded from coverage under the company ADA policy.

 

The Human Resources department is responsible for implementing this policy, including the resolution of reasonable accommodation, safety, direct threat and undue hardship issues. Contact them with any questions or requests for accommodation.

 

 

18.3 Reasonable Accommodation for Religious Practices or Beliefs

TBA

 

18. 4 Anti-Discrimination and Anti-Harassment Policy

Purple Maiʻa Foundation does not and shall not discriminate on the basis of race, color, religion (creed), gender, gender expression, gender identity, age, national origin (ancestry), disability, marital status, pregnancy, sexual orientation, or military status, in any of its activities or operations. These activities include, but are not limited to, hiring and firing of staff, selection of volunteers and vendors, and provision of services. We are committed to providing an inclusive and welcoming environment for all members of our staff, clients, volunteers, subcontractors, vendors, and clients.

 

Purple Maiʻa Foundation is an equal opportunity employer. We will not discriminate and will take affirmative action measures to ensure against discrimination or harassment in employment, recruitment, advertisements for employment, compensation, termination, upgrading, promotions, and other conditions of employment against any employee or job applicant on the bases of race, color, gender, national origin, age, religion, creed, disability, veteran’s status, sexual orientation, marital status, pregnancy, gender identity or gender expression.

 

Harassment is a form of unlawful discrimination and violates Purple Maiʻa Foundation policy. Prohibited sexual harassment, for example, is defined as unwelcome sexual advances, request for sexual favors and other verbal or physical conduct of a sexual nature when:

 

Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment.

Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individuals.

Such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.

 

Harassment also includes unwelcome conduct that is based on race, color, religion, sex, sexual orientation, gender identity or expression, pregnancy, age, national origin, disability status, genetic information, protected veteran status, or any other characteristic protected by law. Harassment becomes unlawful where:

Enduring the offensive conduct becomes a condition of continued employment, or

The conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.

 

Purple Maiʻa Foundation encourages employees to report all incidents of harassment to a member of management or the HR department. Purple Maiʻa Foundation conducts harassment prevention training for all employees, and maintains and enforces a separate policy on harassment prevention, complaint procedures and penalties for violations. Purple Maiʻa Foundation investigates all complaints of harassment promptly and fairly, and, when appropriate, takes immediate corrective action to stop the harassment and prevent it from recurring.

 

Violations of this policy, regardless of whether an actual law has been violated, will not be tolerated. Purple Maiʻa Foundation will promptly, thoroughly and fairly investigate every issue that is brought to its attention in this area and will take disciplinary action, when appropriate, up to and including termination of employment.

 

18.5 Harassment

Purple Maia Foundation is committed to providing a workplace free from discrimination, harassment and retaliation. Therefore, Purple Maia Foundation will not tolerate harassment of any type based on race, color, religion, sex (including pregnancy, sexual orientation and gender identity), national origin, age (40 or older), disability, or genetic information and other characteristics protected under state, federal or local laws. Such conduct in any form is prohibited in the workplace, at work-related functions or outside of work if it affects employees in the workplace. This policy applies to all employees, clients, customers, guests, vendors and persons doing business with Purple Maia Foundation.

 

All employees must ensure they understand this policy and their obligations. Whether an employee’s conduct violates this policy will be based on how an employee’s conduct is received and whether a reasonable person would find the conduct to be in violation of the policy.

Harassment is defined as unwelcome conduct that is based on race, color, religion, sex (including pregnancy, sexual orientation and gender identity), national origin, age (40 or older), disability or genetic information. Harassment becomes unlawful where:

Enduring the offensive conduct becomes a condition of continued employment; or

The conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile or abusive.

 

Anti-discrimination laws also prohibit harassment against individuals in retaliation for filing discrimination charges, testifying or participating in investigations, proceedings or lawsuits under these laws, or for opposing employment practices that they reasonably believe discriminate against individuals, in violation of these laws.

 

Petty slights, annoyances and isolated incidents (unless extremely serious) will not rise to the level of illegality. To be unlawful, the conduct must create a work environment that would be intimidating, hostile or offensive to reasonable people.

 

Offensive conduct may include, but is not limited to, offensive jokes, slurs, epithets or name-calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work performance. Harassment can occur in a variety of circumstances, including, but not limited to, the following:

The harasser can be the victim’s supervisor, a supervisor in another area, an agent of the employer, a co-worker or a non-employee.

The victim does not have to be the person harassed, but can be anyone who is affected by the offensive conduct.

Unlawful harassment may occur without economic injury to, or discharge of, the victim.

 

Appropriate performance reviews, counseling or discipline by your manager do not constitute harassment.

 

If you feel that you are being harassed, you should take the following steps:

Tell the harasser that his or her actions are not welcome and that they must stop, if you feel comfortable enough to do so.

Report the incident immediately to your manager or Human Resources representative.Report any additional incidents or retaliation that may occur to your manager or Human Resources representative.

 

All reports will be investigated immediately and thoroughly. Complaints and actions taken to resolve complaints will be handled as confidentially as possible. Appropriate actions will be taken to stop and remedy such conduct, including interim measures during a period of investigation.

 

Retaliating or discriminating against an employee who reports a suspected incident of harassment or who cooperates in an investigation is prohibited. Employees who violate this policy or retaliate against an employee in any way will be subject to disciplinary action, up to and including termination.

 

18.6 Sexual Harassment

Purple Maia Foundation prohibits sexual harassment of all kinds. This policy applies not only to employees, but also to clients, customers, guests, vendors and anyone else doing business with Purple Maia Foundation. Any employee who feels that he or she has been a victim of sexual harassment, or who believes that he or she has witnessed sexual harassment, should (if possible) directly and immediately inform the harasser that the conduct is unwelcome and that he or she must stop. The victim should also notify Human Resources immediately.

 

Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, offensive remarks about a person’s sex, and other verbal or physical conduct of a sexual nature. Such activities are illegal when:

Submission is made a term or condition, either explicitly or implicitly, of an individual’s employment

Submission to or rejection by an individual is used as a factor in decisions affecting that individual’s employment

Their purpose or effect interferes with an individual’s work performance or creates an intimidating, hostile or offensive work environment

 

Sexual harassment includes many forms of offensive behavior, including the harassment of a person of the same gender as the harasser. The harasser can be the victim’s supervisor, an agent of the employer, a supervisor in another area, a co-worker or a non-employee. The victim does not have to be the person harassed but could be anyone affected by the offensive conduct. Examples of sexual harassment include, but are not limited to, the following:

Unwelcome sexual flirtation, advances or propositions

Verbal comments related to an individual’s gender or sexual orientation

Explicit or degrading verbal comments about another individual or his or her appearance

The display of sexually suggestive pictures or objects in any workplace location, including transmission or display via computer

Any sexually offensive or abusive physical conduct

The taking of or the refusal to take any personnel action based on an employee’s submission to or rejection of sexual overtures

Displaying cartoons or telling jokes which relate to an individual’s gender or sexual orientation

 

It is important to Purple Maia Foundation that all employees are protected from harassment. Any incidents that are perceived as harassment will be investigated and appropriate action will be taken by Purple Maia Foundation.

 

18.7 Workplace Violence

It is Purple Maia Foundation policy to provide a workplace that is safe and free from all threatening and intimidating conduct. Therefore, the company will not tolerate violence or threats of violence of any form in the workplace, at work-related functions or outside of work if it affects the workplace. This policy applies to company employees, clients, customers, guests, vendors and persons doing business with Purple Maia Foundation.

 

It is a violation of this policy to engage in any conduct, verbal or physical, that intimidates, endangers or creates the perception of intimidation or intent to harm persons or property. Examples include but are not limited to the following:

Physical assaults or threats of physical assault, whether made in person or by other means (e.g., in writing or by phone, fax or email)

Verbal conduct that is intimidating and has the purpose or effect of threatening the health or safety of another individual

Any other conduct or acts that management believes represent an imminent or potential danger to safety or security

 

Anyone with questions or complaints about behaviors that fall under this policy may discuss them with a supervisor or a Human Resources representative. The company will promptly and thoroughly investigate any reported occurrences or threats of violence. Violations of this policy will result in disciplinary action, up to and including immediate termination. When such actions involve non-employees, the company will take action appropriate for the circumstances. When appropriate, the company will also take any legal actions available and necessary to stop the conduct and protect the company, our employees and property.

 

18.8 Harassment Reporting Protocol

Your assistance is essential to keep the workplace free from any form of harassment. If you feel that you are a victim of harassment (including but not limited to those previously mentioned) by any supervisor, manager, employee, customer or any other person in connection with your tenure with Purple Maiʻa, you should bring this matter to the immediate attention of your supervisor, or Purple Maiʻa staff member.

 

If speaking to your supervisor may be uncomfortable, you should contact Donavan Kealoha at donavan@purplemaia.org or Kelsey Amos at kelsey@purplemaia.org. Do not assume management is aware of any inappropriate behaviors.

 

Early reporting and intervention have proven to be the most effective method of resolving actual or perceived incidents of harassment. You are strongly urged to promptly report all complaints or concerns, so that rapid and constructive action can be taken. Every effort will be made to stop alleged harassment before it becomes severe or pervasive.

 

Every effort will be made to promptly investigate all allegations of harassment in as confidential a manner as possible and to take appropriate corrective action if warranted. The confidentiality of all parties involved in a sexual harassment charge shall be strictly respected insofar as it does not interfere with any legal obligation to investigate.

 

18.9 Discrimination Grievance Procedure

It is the policy of Purple Maiʻa Foundation not to discriminate on the basis of race, color, national origin, sex (including pregnancy, sexual orientation, and gender identity), age or disability. Purple Maiʻa has adopted an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by Section 1557 of the Affordable Care Act (42 U.S.C. § 18116) and its implementing regulations at 45 C.F.R. pt. 92, issued by the U.S. Department of Health and Human Services. Section 1557 prohibits discrimination on the basis of race, color, national origin, sex (including pregnancy, sexual orientation, and gender identity), age or disability in certain health programs and activities. Section 1557 and its implementing regulations may be examined in the office of Kelsey Amos, 98-820 Moanalua Rd. 15-547, 808-222-5247, kelsey@purplemaia.org, who has been designated to coordinate the efforts of Purple Maiʻa Foundation to comply with Section 1557.

 

Any person who believes someone has been subjected to discrimination on the basis of race, color, national origin, sex (including pregnancy, sexual orientation, and gender identity), age or disability may file a grievance under this procedure. It is against the law for Purple Maiʻa to retaliate against anyone who opposes discrimination, files a grievance, or participates in the investigation of a grievance.

 

Procedure:
Grievances must be submitted to the Section 1557 Coordinator within (60 days) of the date the person filing the grievance becomes aware of the alleged discriminatory action.

A complaint must be in writing, containing the name and address of the person filing it. The complaint must state the problem or action alleged to be discriminatory and the remedy or relief sought.

The Section 1557 Coordinator (or her/his designee) shall conduct an investigation of the complaint. This investigation may be informal, but it will be thorough, affording all interested persons an opportunity to submit evidence relevant to the complaint. The Section 1557 Coordinator will maintain the files and records of [Name of Covered Entity] relating to such grievances. To the extent possible, and in accordance with applicable law, the Section 1557 Coordinator will take appropriate steps to preserve the confidentiality of files and records relating to grievances and will share them only with those who have a need to know.

The Section 1557 Coordinator will issue a written decision on the grievance, based on a preponderance of the evidence, no later than 30 days after its filing, including a notice to the complainant of their right to pursue further administrative or legal remedies.

The person filing the grievance may appeal the decision of the Section 1557 Coordinator by writing to the Board of Directors within 15 days of receiving the Section 1557 Coordinator’s decision. The Board of Directors shall issue a written decision in response to the appeal no later than 30 days after its filing.

 

The availability and use of this grievance procedure does not prevent a person from pursuing other legal or administrative remedies, including filing a complaint of discrimination on the basis of race, color, national origin, sex (including pregnancy, sexual orientation, and gender identity), age or disability in court or with the U.S. Department of Health and Human Services, Office for Civil Rights. A person can file a complaint of discrimination electronically through the Office for Civil Rights Complaint Portal, which is available at: https://ocrportal.hhs.gov/ocr/portal/lobby.jsf or by mail or phone at:

 

U.S. Department of Health and Human Services

200 Independence Avenue, SW

Room 509F, HHH Building

Washington, D.C. 20201

 

Complaint forms are available at: http://www.hhs.gov/ocr/office/file/index.html. Such complaints must be filed within 180 days of the date of the alleged discrimination.

Purple Maiʻa Foundation will make appropriate arrangements to ensure that individuals with disabilities and individuals with limited English proficiency are provided auxiliary aids and services or language assistance services, respectively, if needed to participate in this grievance process. Such arrangements may include, but are not limited to, providing qualified interpreters, providing taped cassettes of material for individuals with low vision, or assuring a barrier-free location for the proceedings. The Section 1557 Coordinator will be responsible for such arrangements.