Anti-Discrimination

Protected Health Information and Client Privacy Policy

Policy Statement

Definitions

CFAC Obligations

The CFAC will take prompt and appropriate action to

(a) thoroughly investigate complaints of discrimination described in this policy; and
(b) prevent, correct and, if necessary, discipline individuals who engage in behavior that violates this policy in accordance with existing CFAC policies.

Applicability and Enforcement of Policy

This policy applies to:

  • All CFAC employees in all aspects of their employment relationship with the CFAC.

  • All CFAC volunteers in all aspects of their participation in the CFAC’s programs and activities.

  • All CFAC applicants, whether for employment or for admission to volunteer programs, activities, or facilities.

  • All persons or groups participating in or accessing CFAC-sponsored programs, activities, or facilities; and

  • All vendors or contractors in all aspects of their relationship with the CFAC.

Enforcement of this policy is subject to constitutional protections related to freedom of speech, association, and the press.

Prohibited Discrimination, Including Harassment and Retaliation

Discrimination

"Discrimination" occurs when an individual, or group of individuals, is treated adversely because they belong to a classification of individuals that is protected from discrimination by a federal or state statute or CFAC policy as set forth above. The failure to provide reasonable accommodations required by law or CFAC policy based on disability or religious practice may constitute discrimination.

Harassment

"Harassment" is a specific form of discrimination. It is unwelcome behavior, based on a protected classification, that a reasonable person would perceive to be sufficiently severe or pervasive to create an intimidating, hostile, or offensive environment for employment, education, training, or participation in CFAC-sponsored activities or programming.

Additionally, "Sexual Harassment," whether between individuals of the same or different sex, includes unwelcome conduct of a sexual nature that is made, either explicitly or implicitly, a condition of an individual’s education, employment, or participation in a CFAC program or activity, and/or when the submission to or rejection of such conduct is a factor in decisions affecting that individual’s education, training, employment, or participation in CFAC-sponsored activities.

Harassing conduct may take many forms, including verbal acts and name calling, as well as nonverbal behavior, such as graphic, electronic, and written statements, or conduct that is physically offensive, harmful, or threatening.  

Retaliation

"Retaliation" occurs when an adverse action is taken against an individual for engaging in protected activity. Protected activity consists of

(a) opposing conduct reasonably believed to constitute discrimination, including harassment, which violates a nondiscrimination statute or which CFAC policy prohibits.

(b) filing a complaint about such practice; or

(c) testifying, assisting, or participating in any manner in an investigation or other proceeding related to a discrimination complaint. Adverse actions that are reasonably likely to deter a complaining individual or others from engaging in protected activity are prohibited.

Reporting Discrimination, Harassment, or Retaliation 

An individual who believes that they have been subjected to discrimination, harassment, or retaliation in violation of this policy should report the matter immediately to their supervisor to obtain information about resolving concerns, including complaint-filing options and procedures, and to enable the CFAC to take prompt remedial action.

If the alleged policy violator is a supervisor or the Executive Director of CFAC, then the individual who has been the subject of discrimination, harassment, or retaliation in violation of this policy may contact the President of the Board of Directors.

Good Faith Allegations

Because of the nature of discrimination, harassment, or retaliation complaints, allegations often cannot be substantiated by direct evidence other than the complaining individual’s own statement. Lack of corroborating evidence should not discourage individuals from seeking relief under this policy. No adverse action will be taken against an individual who makes a good faith allegation of discrimination, harassment, or retaliation under this policy, even if an investigation fails to substantiate the allegation. However, individuals who make dishonest statements or make statements with willful disregard for the truth during an investigation or enforcement procedure under this policy may be subject to disciplinary action in accordance with existing CFAC policies.

Inquiries and Complaints

Clients and members of the CFAC Team may contact the supervisor or Executive Director at any time to ask questions about discrimination, harassment, retaliation, or complaint-filing procedures and may provide information without disclosing their names. This provision does not relieve managers, supervisors, instructors, or advisors of their responsibility to promptly report under this policy.

Reporting Complaints to Outside Agencies

CFAC clients, employees, Interns, and volunteers have the right to file discrimination, harassment, and/or retaliation complaints with outside agencies as well as with the CFAC. If an individual files a complaint with an external agency, the filing will not affect the CFAC’s investigation concerning the same or similar events.

Consequences of Policy Violations

Members of the CFAC Team who violate this policy will be subject to corrective action that could include reprimand, demotion, denial of promotion, termination from employment or from educational programs, or other appropriate administrative action.

Confidentiality

Members of the CFAC Team who receive reports of discrimination, harassment, or retaliation shall maintain the confidentiality of the information they receive, except where disclosure is required by law or is necessary to facilitate legitimate CFAC processes, including the investigation and resolution of discrimination, harassment, or retaliation allegations.

Equal Opportunity

The Cochise Family Advocacy Center is an equal opportunity employer and does not discriminate based on age, race, gender, color, creed, religion, national origin, disability, veteran status, pregnancy, genetic information, or any other characteristic protected by law. The CFAC is also committed to providing equal employment opportunities based on sexual orientation. All representatives will adhere to the letter of the CFAC Employee Handbook regarding equal opportunity.

Reporting Responsibilities

Corrective Action