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HIPAA/Quality of Care

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MECFS Clinic MN is committed to providing a work environment free of harassment, discrimination, retaliation and disrespectful or other unprofessional conduct based on sex (including pregnancy, and grooming practices), color, gender (including gender identity and gender expression), national origin, ancestry physical or mental disability, medical condition, genetic information, marital status, registered domestic partner status, age, sexual orientation, military and veteran status or any other basis protected by federal, state or local law or ordinance or regulation.  It also prohibits discrimination, harassment, disrespectful or unprofessional conduct based on the perception that anyone has any of those characteristics or is associated with a person who has or is perceived as having any of those characteristics. 

  

In addition, MECFS Clinic MN prohibits retaliation against individuals who raise complaints of discrimination or harassment or who participate in workplace investigations.  All such conduct violates clinic policy. 

  

Harassment Prevention 

The MECFS Clinic MN’s policy prohibiting harassment applies to all persons involved in the operation of the clinic.  MECFS Clinic MN prohibits harassment, disrespectful or unprofessional conduct by any volunteers, employees, supervisors, managers, directors, board members and co-workers.  The MECFS Clinic MN’s anti-harassment policy also applies to vendors, patients, customers, independent contractors, unpaid interns, persons providing services pursuant to a contract and persons with whom you come into contact while working or volunteering. 

  

Harassing conduct can take many forms and includes, but is not limited to: 

  • Verbal conduct, including profane language, epithets, derogatory comments, slurs or unwanted comments, jokes, flirtations or propositions; 

  • Visual conduct, including derogatory or sexually suggestive posters, photography, cartoons, drawings, emails or gestures; 

  • Physical conduct including assault, unwanted touching, intentionally blocking normal movement or interfering with work because of sex, race or any other protected basis; 

  • Threatening or demanding that an individual submit to sexual requests or sexual advances as a condition of continued employment, or to avoid some other loss and offers of employment benefits in return for sexual favors; 

  • Retaliation for reporting or threatening to report harassment; and 

  • Communication via electronic media of any type that includes any conduct that is prohibited by state and/or federal law or by clinic policy. 

 

Sexual harassment does not need to be motivated by sexual desire to be unlawful or to violate this policy.  For example, hostile acts toward a volunteer because of his/her gender can amount to sexual harassment, regardless of whether the treatment is motivated by sexual desire. 

 

Prohibited harassment is not just sexual harassment but harassment based on any protected category. 

 

Non-Discrimination 

MECFS Clinic MN is committed to compliance with all applicable laws providing equal employment and volunteering opportunities.  This commitment applies to all people involved in the clinic operations.  MECFS Clinic MN prohibits unlawful discrimination against any job applicant, employee or volunteer by any staff or volunteer of the clinic including directors, supervisors and co-workers. 

 

Pay discrimination between employees of the opposite sex performing substantially similar work, as defined by the state and federal law, is prohibited.  Pay differentials may be valid in certain situations defined by law.  Employees will not be retaliated against for inquiring about or discussing wages.  However, MECFS Clinic MN is not obligated to disclose the wages of other employees. 

  

Anti-Retaliation 

MECFS Clinic MN will not retaliate against you for filing a good-faith complaint or participating in any workplace investigation and will not tolerate or permit retaliation by management, employees, volunteers or co-workers. 

 

Reasonable Accommodation 

Discrimination can also include failing to reasonably accommodate religious practices or qualified individuals with disabilities where the accommodation does not pose an undue hardship. 

 

To comply with applicable laws ensuring equal employment opportunities to qualified individuals with a disability, MECFS Clinic MN will make reasonable accommodations for the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or an employee unless undue hardship would result. 

 

Any job applicant or employee who requires accommodation to perform the essential functions of the job should contact a MECFS Clinic MN representative, such as their manager or Executive Director of the clinic, and discuss the need for accommodation.  MECFS Clinic MN will engage in an interactive process with the volunteer or employee to identify possible accommodations, if any, that will help the applicant, volunteer or employee perform the job.  An applicant, employee or volunteer who requires an accommodation of a religious belief or practice (including religious dress and grooming practices, such as religious clothing or hairstyles) should also contact a clinic representative, such as their manager or Executive Director, and discuss the need for accommodation.  If the accommodation is reasonable and will not impose an undue hardship, MECFS Clinic MN will provide the accommodation. 

 

MECFS Clinic MN will not retaliate against you for requesting reasonable accommodation and will not knowingly tolerate or permit retaliation by management, employees, volunteers or co-workers. 

 

Complaint Procedure 

If you believe that you have been the subject of harassment, discrimination, retaliation or other prohibited conduct, bring your complaint to your supervisor, Executive Director or one of the clinic’s board of directors.  Please provide all known details of the incident or incidents, names of individuals involved and names of any witnesses.  It would be best to communicate your complaint in writing, but this is not mandatory.  

 

MECFS Clinic MN encourages all individuals to report any incidents of harassment, discrimination, retaliation or other prohibited conduct forbidden by this policy immediately so that complaints can be quickly and fairly resolved. 

 

You should also be aware that the Federal Employment Opportunity Commission prosecutes complaints of prohibited harassment, discrimination and retaliation in employment.  If you think you have been harassed or discriminated against or that you have been retaliated against for resisting, complaining or participating in an investigation, you may file a complaint with the appropriate agency.  The nearest office can be found by visiting the agency websites as https://mn.gov/mdhr/ and https://www.eeoc.gov/

 

Supervisors must refer all complaints involving harassment, discrimination, retaliation or other prohibited conduct to the Executive Director or one of the Board of Directors of the clinic, so that MECFS Clinic MN can try to resolve the complaint. 

 

When MECFS Clinic MN receives allegations of misconduct, it will immediately undertake a fair, timely, thorough and objective investigation of the allegations in accordance with all legal requirements.  MECFS Clinic MN will reach reasonable conclusions based on the evidence collected and will maintain confidentiality to the extent possible.  However, MECFS Clinic MN cannot promise complete confidentiality.  The employer’s duty to investigate and take corrective action may require the disclosure of information to individuals with a need to know. 

 

Complaints will be: 

  • Responded to in a timely manner 

  • Kept confidential to the extent possible 

  • Investigated impartially by qualified personnel in a timely manner 

  • Documented and tracked for reasonable progress 

  • Given appropriate options for remedial action and resolution 

  • Closed in a timely manner 

 

If MECFS Clinic MN determines that harassment, discrimination, retaliation or other prohibited conduct has occurred, appropriate and effective corrective and remedial action will be taken in accordance with the circumstances involved.  MECFS Clinic MN also will take appropriate action to deter future misconduct. 

 

Any volunteer or employee determined by MECFS Clinic MN to be responsible for harassment, discrimination, retaliation or other prohibited conduct will be subject to appropriate disciplinary action, up to and including termination of employee or cessation of association with the clinic of the person who has had investigated and substantiated allegations made against them.  Employees and volunteers should know that if they engage in unlawful harassment, they can be held personally liable for the misconduct. 

 

If you have experienced any harassment at MECFS Clinic MN or would like to report a situation, please contact Lisa Alioto, the Secretary of the Board of Directors, at lisa.m.alioto@gmail.com

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