EEOC STATEMENT
Equal Employment Opportunity
In order to provide equal employment and advancement opportunities to all individuals, employment decisions at TCI will be based on merit, qualifications, and abilities. TCI does not discriminate in employment opportunities or practices on the basis of veteran status, uniformed servicemember status, race, color, religion, sex, sexual orientation, gender identity, age (40 and over), pregnancy (including childbirth, lactation and related medical conditions), national origin or ancestry, citizenship or immigration status, physical or mental disability, genetic information (including testing and characteristics), or any other characteristic protected by applicable state, federal, or local laws, including but not limited to, Title VII of the Civil Rights Act.
TCI will make reasonable accommodations for qualified individuals with known disabilities, religious accommodation requests, or pregnancy accommodation requests unless doing so would result in an undue hardship. This policy governs all aspects of employment including: selection, job assignment, compensation, discipline, termination, and access to benefits and training.
In support of its commitment to provide equal employment and advancement opportunities, TCI provides training to its supervisors and managers regarding its policies forbidding discrimination, harassment or retaliation, including training on the requirements of Title VII of the Civil Rights Act of 1964 and other related laws and topics. EEO Compliance will be a component in performance appraisals for all managerial and supervisory positions.
Any employees with questions or concerns about any type of discrimination in the workplace are encouraged to bring these issues to the attention of TCI’s Title VII Coordinator, Vice President of Operations or any member of executive management. TCI’s Title VII Coordinator is Sue Ann Robinson. She can be contacted at srobinson@tcialabama.com and (205) 338-9997 ext. 233.
TCI’s policies regarding unlawful discrimination, harassment and retaliation and reporting of complaints of discrimination, harassment or retaliation are also contained in this handbook. Each time this policy is modified, TCI will disseminate it to all employees.
Right to work
The right to work of employees and applicants will not be denied because of membership or non-membership in any labor union or labor organization.
Americans with disabilities act
It is our policy to comply with all the relevant and applicable employment provisions of the Americans with Disabilities Act (ADA). We will not discriminate against any qualified employee or job applicant with respect to any terms, privileges or conditions of employment because of a person’s physical or mental disability. Reasonable accommodations will be made unless it would cause undue hardship to TCI.
Immigration Law compliance
The Immigration Reform and Control Act of 1986 prohibits TCI from employing any person not legally authorized to work in the United States. As a condition of employment, you must complete the USCIS Employment Eligibility Verification Form I-9 and present documentation establishing identity and employment eligibility.
Employment eligibility and work authorization
TCI Alabama participates in the Electronic Verification System (E-Verify) to electronically verify the work authorization of newly-hired employees. E-Verify is an internet-based program that compares information from an employee’s Form I-9 to data contained in the federal records of the Social Security Administration and the Department of Homeland Security to confirm employment eligibility. TCI does not use E-Verify to pre-screen job applicants.
TCI is committed to honoring all terms and conditions of E-Verify. Employees who do not contest a “Tentative No” confirmation, or who receive a “Final No” confirmation or “No Show”, are subject to immediate termination of employment.
TCI will not tolerate any form of discrimination or harassment prohibited by federal, state or local law, including discriminatory treatment based on an individual’s national origin or citizenship status. Employees who believe they have been subject to discrimination or harassment, including during the Form I-9 and E-Verify process, should immediately report the matter as further discussed in the policies regarding discrimination and harassment set forth in TCI’s Sexual and Unlawful Harassment Policy. TCI prohibits retaliation against employees for making such complaints.
pregnancy and related conditions
In accordance with the federal Pregnant Workers Fairness Act (PWFA) and state requirements, TCI will make reasonable accommodations for known physical or mental limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions (including but not limited to lactation) of a qualified applicant or employee, unless the accommodation would impose an undue hardship on the operation of TCI’s business.
Known physical or mental limitations are those that the applicant, employee, or their representative has communicated to TCI. A limitation can be:
An impediment or problem that is minor or modest and can be episodic.
A need or problem related to maintaining the employee’s health or the health of the pregnancy.
Seeking health care related to pregnancy, childbirth, or a related medical condition.
Employees or applicants who wish to inform TCI of such a limitation and/or request a reasonable accommodation under this policy should contact their supervisor, preferably in writing, identifying the limitation and stating that the employee needs an adjustment or change at work due to the limitation. Human Resources will then engage in an interactive process with the applicant or employee to determine the nature of the limitation and what, if any, reasonable accommodation(s) may be appropriate. If, through this interactive process, TCI and the individual arrive at a reasonable accommodation that does not impose an undue hardship on the operation of TCI’s business, TCI will make that accommodation.
Several states and localities have laws that apply to employees affected by pregnancy, childbirth, or related medical conditions. For individuals working in a jurisdiction that has a mandatory pregnancy accommodation law, TCI will comply with all legal requirements, including providing greater or different benefits than those indicated here.
TCI prohibits discrimination on the basis of pregnancy, childbirth, or related medical conditions. For this reason, TCI will not:
Deny employment opportunities on the basis of a need for reasonable accommodation.
Deny reasonable accommodation for known limitations, unless the accommodation would cause an undue hardship.
Require an applicant or an employee to accept an accommodation that is unnecessary or an accommodation other than one arrived at through the interactive process.
Require an employee to take family leave or any other leave, if the employer can make reasonable accommodation instead.
Take an adverse employment action, discriminate, or retaliate because the applicant or employee has inquired about, requested, or used a reasonable accommodation, or rep or ted or opposed discrimination.
Individuals who believe they have been subjected to, or believe that another individual has been subjected to, discrimination or retaliation should report it immediately pursuant to TCI’s Complaint and Reporting Procedure.
Unlawful Discrimination, Harassment, & Retaliation
TCI fosters an environment where every employee feels productive and comfortable. It’s our policy that all employees are entitled to and are able to work in a setting free from all forms of unlawful discrimination, harassment, and retaliation.
Discrimination
It is a violation of TCI’s policy, as well as applicable laws, including but not limited to Title VII, to make any decision regarding any term or condition of employment based on race, color, religion, sex, sexual orientation, gender identity, pregnancy, national origin or ancestry. It is also a violation of TCI’s policy and applicable laws to discriminate based on age (40 and over), physical or mental disability, citizenship or immigration status, genetic information or any other characteristic protected by applicable state, federal or local laws.
TCI is committed to preventing unlawful discrimination in the workplace. It is a violation of TCI’s policy and Title VII of the Civil Rights Act for any employee to discriminate against another employee. This includes acts between supervisors and employees. It also includes acts between one employee and another or inappropriate workplace conduct between a third party (such as a visitor, vendor, customer, or independent contractor) and an employee. Individuals who believe they have been subjected to, or believe that another individual has been subjected to, discrimination should report it immediately pursuant to TCI’s Complaint and Reporting Procedure. Any employee found to have violated the TCI’s policy forbidding discrimination will be subject to disciplinary action up to and including coaching, counseling, documented verbal and written warnings, performance improvement requirements, loss of supervisory responsibilities, reassignment, suspension or termination from employment. Such discipline will be documented in the offending employee’s personnel file.
Harassment
Harassment is verbal or physical conduct that demeans or shows hostility or aversion toward an individual because of their veteran status, uniformed servicemember status, race, color, religion, sex, sexual orientation, gender identity, age (40 and over), pregnancy (including childbirth, lactation and related medical conditions), national origin or ancestry, citizenship or immigration status, physical or mental disability, genetic information (including testing and characteristics) (referred to throughout this policy as local, state, and/or federal protected classes) and that:
Has the purpose or effect of creating an intimidating, hostile, or offensive working environment;
Has the purpose or effect of unreasonably interfering with an individual’s work performance;
Otherwise adversely affects an individual’s employment opportunities
Harassing conduct includes, but is not limited to, the following:
Epithets, slurs, negative stereotyping, demeaning comments or labels, or threatening, intimidating or hostile acts that relate to local, state, and/or federal protected classes; and
Written or graphic material that demeans or shows hostility or aversion toward an individual or group because of local, state and/or federal protected classes and that is placed on walls, bulletin boards, computers, or elsewhere on the employer’s premises, or circulated in the workplace.
TCI is committed to preventing harassment in the workplace. It is a violation of TCI’s policy, as well as applicable laws, including but not limited to Title VII, for any employee to harass another employee. This includes acts between supervisors and employees. It also includes acts between one employee and another or inappropriate workplace conduct between a third party (such as a visitor, vendor, customer, independent contractor) and an employee. Individuals who believe they have been subjected to, or believe that another individual has been subjected to, harassment should report it immediately pursuant to TCI’s Complaint and Reporting Procedure. Any employee found to have violated the TCI’s policy forbidding harassment will be subject to disciplinary action up to and including coaching, counseling, documented verbal and written warnings, performance improvement requirements, loss of supervisory responsibilities, reassignment, suspension or termination from employment. Such discipline will be documented in the offending employee’s personnel file.
Sexual Harassment
Sexual harassment is a form of sex discrimination. The Equal Employment Opportunity Commission has defined sexual harassment as follows:
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment 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 individual;
Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance;
Such conduct creates an intimidating, hostile, or offensive working environment.
Prohibited sexual harassment may include, but is not limited to:
Sexual jokes, calendars, posters, car toons, magazines, derogatory or physically descriptive comments about or toward another employee;
Sexually suggestive comments;
Inappropriate use of company communications including email and telephone;
Unwelcome touching or physical contact;
Punishment or favoritism on the basis of an employee’s sex;
Sexual slurs; and
Negative sexual stereotyping.
Sexual assault is also a form of sex discrimination. This includes unwanted conduct of a sexual nature that is inflicted upon a person or compelled through the use of physical force, manipulation, threat, or intimidation.
TCI is committed to preventing sexual harassment in the workplace. It is a violation of TCI’s policy, as well as applicable laws, including but not limited to Title VII, for any employee to sexually harass or assault another employee. This includes acts between supervisors and employees. It also includes acts between one employee and another or inappropriate workplace conduct between a third party (such as a visitor, vendor, customer, or independent contractor) and an employee Individuals who believe they have been subjected to, or believe that another individual has been subjected to, sexual harassment should report it immediately pursuant to TCI’s Complaint and Reporting Procedure. Any employee found to have violated the TCI’s policy forbidding sexual harassment will be subject to disciplinary action up to and including coaching, counseling, documented verbal and written warnings, performance improvement requirements, loss of supervisory responsibilities, reassignment, suspension or termination from employment. Such discipline will be documented in the offending employee’s personnel file.
Retaliation
Retaliation occurs when an employee is punished, mistreated or harassed for engaging in a protected activity, including complaining of or reporting unlawful discrimination, harassment or retaliation pursuant to the TCI’s Reporting Procedure, filing a charge of discrimination with the Equal Employment Opportunity Commission, exercising a right under any state or federal law prohibiting discrimination or harassment, or participating in, assisting with or providing testimony in an investigation of a complaint of discrimination, harassment or retaliation, including internal Company investigations or an investigation conducted by the Equal Employment Opportunity Commission.
It is a violation of TCI policy, as well as applicable laws, including but not limited to Title VII, for any employee to retaliate against any other employee for engaging in a protected activity, including complaining of unlawful discrimination, harassment or retaliation pursuant to TCI’s Complaint Procedure, filing a charge of discrimination with the Equal Employment Opportunity Commission, exercising a right under any state or federal law prohibiting discrimination or harassment, or participating in or assisting with an investigation of a complaint of discrimination, harassment or retaliation, including an investigation conducted by the Equal Employment Opportunity Commission. TCI will not take any adverse action against an employee based on his or her engaging in a protected activity.
TCI is committed to preventing retaliation in the workplace. Retaliation of any sort against an employee reporting unlawful discrimination, harassment or retaliation will not be tolerated. No adverse employment action will be taken against any employee making a good faith report of unlawful discrimination, harassment or retaliation. Any employee found to have violated the TCI’s policy forbidding retaliation will be subject to disciplinary action up to and including coaching, counseling, documented verbal and written warnings, performance improvement requirements, loss of supervisory responsibilities, reassignment, suspension or termination from employment. Such discipline will be documented in the offending employee’s personnel file.
Procedure for reporting complaints of discrimination, harassment, or retaliation and tci’s investigatory process
Employees who believe they have been subjected to discrimination, harassment or retaliation, are encouraged to report their concerns by utilizing TCI’s Complaint Reporting Procedure without fear of reprisal. Compliance with TCI’s Complaint Reporting Procedure is necessary to ensure that TCI can effectively and appropriately investigate and respond to any such complaints and honor its commitment to provide a workplace free from discrimination, harassment, and retaliation.
Such employees should report their concerns, verbally or in writing, in the language of the employee’s choosing to TCI’s Title VII Coordinator, Vice President of Operations, or any member of executive management. The complaint can also be reported through TCI’s Employee Relations Hotline. The Employee Relations Hotline is a confidential and toll-free number where employees can report concerns of discrimination, harassment or retaliation. The Employee Relations Hotline Number is 1-800-432-1284.
Investigations
Upon receiving reports of discrimination, harassment or retaliation, TCI will conduct a prompt, fair and reasonable investigation. Immediately upon receipt of a complaint, TCI’s Vice President of Operations, or any member of executive management, will immediately report the complaint to the TCI’s Title VII Coordinator.
TCI’s Title VII Coordinator will promptly investigate any complaint of discrimination, harassment or retaliation with the assistance of the Human Resource Consulting Company with whom TCI contracts to provide Human Resource services. The Title VII Coordinator and the Representatives of the Human Resources Consulting Company have received training on investigating allegations of discrimination, harassment and retaliation. All investigations will be prompt and reasonable. TCI’s Title VII Coordinator will take appropriate corrective action against any employee whom it believes has engaged in discrimination or harassment based veteran status, uniformed servicemember status, race, color, religion, sex, sexual orientation, gender identity, age (40 and over), pregnancy (including childbirth, lactation and related medical conditions), national origin or ancestry, citizenship or immigration status, physical or mental disability, genetic information (including testing and characteristics), or retaliation.
Any employee found to have violated the TCI’s policy forbidding discrimination, harassment and retaliation will be subject to disciplinary action up to and including coaching, counseling, documented verbal and written warnings, performance improvement requirements, loss of supervisory responsibilities, reassignment, suspension or termination from employment. Such discipline will be documented in the offending employee’s personnel file.
TCI will not store or maintain any documentation or data relating to the employee’s report of discrimination, harassment or retaliation in the employee’s personnel file. TCI will protect, to the extent possible, the confidentiality of persons who report unlawful discrimination or harassment based on veteran status, uniformed servicemember status, race, color, religion, sex, sexual orientation, gender identity, age (40 and over), pregnancy (including childbirth, lactation and related medical conditions), national origin or ancestry, citizenship or immigration status, physical or mental disability, genetic information (including testing and characteristics), or retaliation, or who participate in an investigation into allegations of discrimination, harassment and retaliation.
Retaliation against any employee who, in good faith, reports or participates in an investigation of a report of unlawful discrimination, harassment or retaliation will not be tolerated. Any employee found to have retaliated against an employee for reporting unlawful discrimination, harassment or retaliation, or participating in an investigation regarding discrimination, harassment or retaliation, will be subject to disciplinary action up to and including termination of employment.
The Equal Employment Opportunity Commission is a governmental agency that accepts and investigates charges of unlawful discrimination, harassment or retaliation free of cost. Employees can find additional information regarding the Equal Employment Opportunity Commission on its website at https://www.eeoc.gov.