WORKPLACE ANTI-HARASSMENT & RESPECTFUL WORKPLACE POLICY
(Washington State)
[// GUIDANCE: Replace all bracketed, bolded placeholders before issuance to the workforce.]
TABLE OF CONTENTS
I. Document Header
II. Definitions
III. Operative Provisions
A. Statement of Policy and Scope
B. Prohibited Conduct
C. Training Requirements
D. Reporting Procedures
E. Investigation Protocols
F. Corrective & Disciplinary Action
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block
I. DOCUMENT HEADER
1. Parties. This Workplace Anti-Harassment & Respectful Workplace Policy (the “Policy”) is adopted by [COMPANY LEGAL NAME], a [State of formation] [entity type] having its principal place of business at [Address] (“Employer”), and applies to all directors, officers, employees, temporary staff, interns, volunteers, and independent contractors (collectively, “Employees”).
2. Effective Date. This Policy is effective as of [MM/DD/YYYY] (the “Effective Date”).
3. Governing Law. This Policy will be interpreted under, and all disputes will be governed by, the employment laws of the State of Washington, including the Washington Law Against Discrimination, ch. 49.60 RCW, and applicable federal law.
4. Consideration. Continued employment, engagement, or affiliation with Employer constitutes adequate consideration for an Employee’s acceptance of this Policy.
II. DEFINITIONS
For purposes of this Policy, capitalized terms have the meanings set forth below. All references to “Sections” are to sections of this Policy unless otherwise specified.
“Complainant” – The individual(s) who reports or is reported to have been subjected to alleged Prohibited Conduct.
“Days” – Calendar days unless expressly stated as “Business Days.”
“Harassment” – Unwelcome verbal, visual, physical, or other conduct based on a Protected Characteristic that (a) has the purpose or effect of creating an intimidating, hostile, or offensive work environment, (b) unreasonably interferes with an Employee’s work performance, or (c) affects an Employee’s employment opportunities.
“Investigator” – The qualified, impartial individual(s) appointed by Employer pursuant to Section III.E to investigate reports of Prohibited Conduct.
“Prohibited Conduct” – Harassment, Sexual Harassment, discrimination, retaliation, bullying, or any other conduct expressly prohibited by Section III.B.
“Protected Characteristic” – Race, color, creed, national origin, citizenship, sex, pregnancy, sexual orientation, gender identity or expression, genetic information, age, marital status, veteran or military status, disability, or any other characteristic protected under applicable law.
“Respondent” – The individual(s) alleged to have engaged in Prohibited Conduct.
“Sexual Harassment” – A subset of Harassment involving unwelcome sexual advances, requests for sexual favors, or other verbal/physical conduct of a sexual nature when:
a. Submission to the conduct is made, explicitly or implicitly, a term or condition of employment;
b. Submission to or rejection of the conduct is used as the basis for employment decisions; or
c. The conduct has the purpose or effect described in the definition of Harassment above.
III. OPERATIVE PROVISIONS
A. Statement of Policy and Scope
- Zero Tolerance. Employer is committed to maintaining a workplace free from all forms of Harassment, discrimination, and retaliation.
- Applicability. This Policy applies to conduct that occurs (a) on Employer premises, (b) at Employer-sponsored events, and (c) via Employer-owned or Employer-controlled electronic systems.
B. Prohibited Conduct
- Harassment of any kind directed toward an Employee or third party on the basis of a Protected Characteristic is strictly prohibited.
- Retaliation against an individual for reporting, participating in, or assisting with an investigation of alleged Prohibited Conduct is prohibited.
- Abuse of supervisory authority to solicit personal favors or create a hostile work environment is prohibited.
C. Training Requirements (Washington-Specific)
- Mandatory Training. Employer shall provide interactive anti-harassment training that complies with RCW 49.60 and Washington State Department of Labor & Industries (L&I) guidance:
a. Frequency: Not less than once every [12/24] months.
b. Content: (i) Definition and examples of Harassment; (ii) employee and supervisory responsibilities; (iii) reporting avenues; (iv) prohibition on retaliation; and (v) bystander intervention strategies. - Specialized Industries. If Employer operates in hotel, motel, retail, janitorial, or security industries, additional training obligations under RCW 49.60.515 and WAC 296-410-100 apply.
- Recordkeeping. Employer will maintain training attendance records for at least three (3) years.
[// GUIDANCE: Confirm whether Employer’s industry falls under RCW 49.60.515. Adjust timelines/content to meet any CBA or client-specific requirements.]
D. Reporting Procedures
- Multiple Channels. Employees may report Prohibited Conduct to any of the following, orally or in writing:
a. Direct Supervisor or Manager;
b. Human Resources (“HR”) Department at [HR Email / Hotline];
c. Designated Ethics & Compliance Officer; or
d. Anonymous hotline [Phone/Online Portal] (available 24/7). - Confidentiality. Reports will be kept confidential to the extent consistent with a thorough and impartial investigation.
- Timeframe. Prompt reporting is encouraged, but there is no statute of limitations under this Policy; historical conduct may be investigated when practical.
- No Retaliation. Any act of retaliation is a separate violation subject to disciplinary action under Section III.F.
E. Investigation Protocols
- Appointment. Within five (5) Business Days of receiving a report, HR will designate an Investigator who is qualified, impartial, and has no conflict of interest.
- Process. The Investigator will:
a. Provide written notice to both Complainant and Respondent of the allegations and their rights;
b. Conduct separate interviews with the Complainant, Respondent, and relevant witnesses;
c. Collect, preserve, and review all relevant evidence;
d. Conclude the investigation within thirty (30) Days absent good cause for extension. - Standard of Proof. Preponderance of the evidence.
- Investigation Report. A written report summarizing findings and recommended corrective actions will be delivered to HR and Legal.
- Documentation. All materials will be retained for the longer of (i) six (6) years or (ii) the period required by RCW 49.60.
F. Corrective & Disciplinary Action
- Determination. HR will review the Investigation Report and determine appropriate action, which may include:
a. Verbal or written warning;
b. Mandatory training or counseling;
c. Suspension with or without pay;
d. Demotion or reassignment;
e. Termination of employment;
f. Other remedial measures (e.g., no-contact orders, schedule changes). - Communication. Both Complainant and Respondent will receive written notice of the outcome, subject to confidentiality considerations.
- Remedial Relief. Employer may provide interim or post-investigation relief (e.g., EAP services, accommodations) without waiting for final disposition.
IV. REPRESENTATIONS & WARRANTIES
- Employer represents that, as of the Effective Date, this Policy complies with all applicable laws, including but not limited to ch. 49.60 RCW, Title VII of the Civil Rights Act of 1964, and related regulations.
- Each Employee acknowledges and warrants that he or she:
a. Has received, read, and understands this Policy; and
b. Will comply with its provisions and fully cooperate in any investigation.
V. COVENANTS & RESTRICTIONS
- Employer Covenants:
a. To provide the training required by Section III.C;
b. To maintain records and conduct investigations consistent with Section III.E;
c. To refrain from retaliation. - Employee Covenants:
a. To refrain from engaging in Prohibited Conduct;
b. To report suspected violations promptly;
c. To cooperate in investigations and maintain confidentiality.
VI. DEFAULT & REMEDIES
- Events of Default.
a. Any violation of Section III.B (Prohibited Conduct);
b. Employer’s failure to deliver mandatory training within the timelines of Section III.C. - Notice & Cure.
a. Employee Defaults: No cure period; subject to immediate disciplinary action.
b. Employer Defaults: Notice in writing to HR; Employer shall cure within ten (10) Days or provide a corrective action plan. - Graduated Remedies. Employer may impose disciplinary measures listed in Section III.F, escalating in severity commensurate with the violation.
- Attorneys’ Fees. In litigation arising from Employer’s willful failure to enforce this Policy, a prevailing Employee may recover reasonable attorneys’ fees and costs to the extent permitted by RCW 49.48.030.
VII. RISK ALLOCATION
- Indemnification. Employer shall indemnify and hold harmless Employees who, in good faith, comply with this Policy and cooperate in investigations, from liability arising out of their compliance, except to the extent of the Employee’s own willful misconduct or Prohibited Conduct.
- Limitation of Liability. Nothing in this Policy limits liability beyond statutory caps applicable under Washington law (e.g., governmental immunity caps where relevant).
- Insurance. Employer shall maintain Employment Practices Liability Insurance (EPLI) with limits of not less than [$_____] per claim / [$_____] aggregate.
- Force Majeure. Performance of training or investigation timelines may be delayed by events beyond reasonable control (e.g., natural disaster, public health emergency), provided that Employer makes commercially reasonable efforts to resume compliance promptly.
VIII. DISPUTE RESOLUTION
- Internal Resolution First. Parties must exhaust internal procedures under Section III before commencing external action.
- Governing Law. Washington state employment law.
- Forum Selection. State courts located in [County], Washington shall have exclusive jurisdiction.
- Limited Arbitration. By mutual written agreement after a claim arises, the parties may submit the dispute to confidential arbitration under the Washington Arbitration Act, ch. 7.04A RCW.
- Jury Waiver. Nothing herein waives an Employee’s constitutional right to a jury trial; any waiver must be knowing, voluntary, and executed after a dispute has arisen.
- Injunctive Relief. Employer retains the right to seek immediate injunctive or equitable relief in court to prevent ongoing or imminent Prohibited Conduct.
IX. GENERAL PROVISIONS
- At-Will Employment. This Policy does not alter the at-will nature of employment unless otherwise provided in a written agreement signed by the Chief Executive Officer.
- Amendments. Employer may amend this Policy by providing at least ten (10) Days’ advance written notice to Employees, unless immediate amendment is required by law.
- Severability. If any provision of this Policy is found invalid, the remaining provisions will remain in full force and effect.
- Integration. This Policy supersedes all prior anti-harassment policies as of the Effective Date.
- Electronic Signatures. Electronic acknowledgment via Employer’s HRIS or learning-management system is deemed an original signature.
- Notices. All notices under this Policy must be in writing and delivered via email, personal delivery, or certified mail to the addresses on file.
X. EXECUTION BLOCK
IN WITNESS WHEREOF, Employer has caused this Policy to be adopted and effective as of the date first written above.
| [Authorized Signatory Name] | [Employee Name] |
| [Title] | |
| Date: _______ | Date: _______ |
[// GUIDANCE: For large workforces, substitute individual signatures with electronic acknowledgment functionality in HRIS, capturing date/time and retaining records for statutory periods.]
© [Year] [Company Legal Name]. All rights reserved.