January 1, 2016
The USTA* is fully committed to its obligations to eliminate harassment in the workplace and [work-related events/contexts (as defined below)].
The USTA recognizes it is the right of every employee and volunteer to be able to work and to perform their duties without being subjected to any form of harassment. Equally it is the obligation and responsibility of every employee and volunteer to ensure that the workplace is free from harassment.
The USTA prohibits harassment of staff or volunteers by an employee, supervisor, volunteer or other parties with whom the USTA has business relationships such as vendors and clients, for any reason prohibited by federal, state or local law including, but not limited to, harassment on the basis of race, creed, color, disability, marital status, veteran status, national origin, age, sex, sexual orientation, religion, physical handicap, genetic predisposition, or carrier status. ADVERTISEMENT
Harassment does not have any legitimate workplace function. The USTA will not tolerate harassment, or victimization under any circumstances. The responsibility lies with every employee and volunteer to ensure that harassment or victimization does not occur.
The principles set out in this policy are intended to apply to any USTA work-related context. [Work related contexts] include, but are not limited to, conferences, work functions, social events, meetings, and business trips.
The USTA strongly encourages any employee or volunteer who feels that he or she has been harassed to take action, by making it clear that such behavior is unwelcome and offensive; alternatively, or in addition, follow the procedures for reporting the behavior.
Any reports of harassment will be treated seriously and promptly with sensitivity and complete confidentiality. Complainants have the right to determine how to have a complaint treated; have support or representation throughout the process, [and the option to discontinue a complaint at any stage of the process; however, once a complaint is reported, the USTA will complete its investigation].
While it is not easy to define precisely what harassment is, it includes, but is not limited to, slurs, epithets, threats, derogatory comments, unwelcome jokes and teasing, derogatory pictures, posters, gestures, unwanted blocking of movement and interference with work.
A breach of this policy will result in disciplinary action. Depending upon the severity of the case, consequences may include apology, counseling, transfer, demotion, removal, dismissal, or other forms of disciplinary action deemed appropriate.
The USTA is committed to maintaining a work environment free from all forms of sexual harassment. Sexual advances in any form or manner are unacceptable and will not be tolerated. Sexual harassment may include inappropriate conduct among employees and/or volunteers and may apply to actions between employees and/or volunteers and other parties with whom the USTA has business relationships such as vendors and clients. It may include unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature. Explicitly or implicitly using sexual harassment as a term or condition of an individual’s employment or volunteer assignment is a violation of USTA policy.
Actions that may constitute sexual harassment include but are not limited to:
• Deliberate, repeated or unsolicited gestures or physical actions of a sexual nature toward another employee or volunteer;
• Unwelcome sexual flirtations, advances, teasing or propositions;
• Comments about an individual’s body or bodily functions;
• The display in the workplace of sexually suggestive objects, drawings or pictures;
• Demands or subtle pressures for sexual favors or activity;
• Explicit or implicit promises of preferential treatment with regard to an individual’s employment or volunteer assignment in return for sexual favors; and
• Unsolicited verbal or physical conduct, which has the purpose or effect of unreasonably interfering or creating an intimidating, hostile, or offensive work environment.
Any employee or volunteer who engages in harassment at work or at a [USTA-sponsored event or work-related context] will be subject to disciplinary action up to and including termination of employment or dismissal from their volunteer assignment.
Procedure for Reporting Harassment
An employee or volunteer who feels that he or she is are a victim of harassment, including, but not limited to, sexual harassment, should immediately report the matter to any of the individuals listed herein:
WHITE PLAINS: USTA Managing Director, Human Resources (Dario Otero, 914-696-7207)
ORLANDO: USTA Director, Human Resources (Marybeth Interdonato, 407-675-2535)
Although USTA’s policy specifies the management individuals above to whom unethical behavior may be reported, there may be times when an employee or volunteer may prefer to report such situations anonymously. In order to provide an individual with such capability, the USTA has contracted with EthicsPoint, an independent service provider specializing in secure and anonymous Whistle-blower Hotline services. This hotline will enable an individual to anonymously report a suspected violation by phone (866-654-6516) or via the internet (www.ethicspoint.com). EthicsPoint will forward the anonymous report to the appropriate USTA contact person.
The USTA will promptly and discreetly investigate any complaint of harassment. The USTA recognizes the very serious impact a false accusation can have and trusts that all employees and volunteers will act responsibly.
Once a complaint is filed, the matter shall be investigated in as confidential a manner as possible. The USTA recognizes that every investigation requires a determination based on all the facts of a matter. The investigation may include private discussions with the complainant, the alleged harasser as well as any witnesses. Any employee or volunteer who is found, after appropriate investigation, to have engaged in a violation of this policy will be subject to appropriate disciplinary action up to and including termination of employment or dismissal from their volunteer assignment.
It is also a violation of USTA policy to retaliate against an employee or volunteer because they have made a good-faith complaint of harassment. It is USTA policy to encourage discussion of such issues to help protect others from being subjected to inappropriate behavior. Similarly, retaliation against anyone participating in the USTA’s investigation of a complaint is a violation of USTA policy. An employee or volunteer who believes that they have been retaliated against for making or assisting in the investigation of a complaint should contact the USTA’s Managing Director of Human Resources, the USTA Director of HR (both listed above) or the EthicsPoint hotline. Any person who engages in retaliatory conduct towards an employee or volunteer will be subject to discipline up to and including termination of employment or dismissal from their volunteer assignment.
* USTA refers to the USTA family of companies including the United States Tennis Association Incorporated, USTA National Tennis Center Incorporated, US Open Series, LLC, USTA Player Development Incorporated and USTA Foundation.