The Morton Arboretum is committed to maintaining a work environment of mutual respect that is free of all forms of discrimination and harassment, including sexual harassment, which are all illegal under the Illinois Human Rights Act (IHRA) and Title VII of the U.S. Civil Rights Act of 1964 (Title VII). In keeping with this commitment, the Arboretum will not tolerate discrimination or harassment by anyone, including any supervisor, employee, volunteer, board member, outside vendor or contractor, or other regular guest of the organization. Note that “work environment” is not limited to a physical location in which an employee performs duties; prohibited actions extend to conduct that occurs remotely via electronic platforms. Violation of this policy shall be considered grounds for disciplinary action up to and including termination.
To further support this commitment, all employees are required to attend and complete annual training on the topic of preventing discrimination and harassment.
Discrimination
Discrimination consists of employment actions taken against an individual based on an actual or perceived characteristic protected by law, such as race (and traits associated with race including but not limited to hair texture and protective hairstyles), color, creed, ancestry, religion, national origin, age, sex, disability, pregnancy, marital status, military or veteran status, sexual orientation, gender, gender expression, gender identity, order of protection status, genetic information, citizenship status, work authorization status, order of protection status, or any other category protected by applicable law. In other words, discrimination occurs when an individual is treated differently or unequally because the individual is a member or a perceived member of a protected group.
Harassment
Harassment consists of unwelcome conduct, whether verbal, physical, or visual, that is based upon a person’s actual or perceived protected status such as race (and traits associated with race including but not limited to hair texture and protective hairstyles), color, creed, ancestry, religion, national origin, age, sex, disability, pregnancy, marital status, military or veteran status, sexual orientation, gender, gender expression, gender identity, order of protection status, genetic information, citizenship status, work authorization status, order of protection status, or any other category protected by applicable law. Harassment becomes unlawful when enduring the offensive conduct becomes a condition of continued employment or the behavior is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or offensive.
Harassment includes behavior that is personally offensive, fails to respect the rights of others, lowers morale, and often interferes with work effectiveness. The conduct forbidden by this policy specifically includes, but is not limited to (a) epithets, slurs, negative stereotypes, or intimidating acts that are based on a person’s actual or perceived protected status; and (b) written or graphic material circulated within or posted within the workplace that shows hostility toward a person because of his/her/their actual or perceived protected status. Whatever form it takes, harassment is insulting and demeaning to the recipient and will not be tolerated in the workplace or in other work-related settings such as business trips and business and related social events (including Arboretum-sponsored events).
Sexual Harassment
Sexual harassment, as defined by the IHRA, consists of unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature where:
- Submission to such conduct is made either explicitly or implicitly a term or condition of a person’s employment.
- Submission to or refusal to engage in such conduct is used as the basis for any employment decisions affecting such individual; or
- Such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.
Sexual harassment, as defined above, may include, but is not limited to:
- Uninvited sex-oriented verbal “kidding” or demeaning sexual innuendos, leers, gestures, teasing, sexually explicit or obscene jokes, remarks, or questions of a sexual nature.
- Graphic or suggestive comments about an individual’s dress or body.
- Displaying sexually explicit objects, photographs, writings, or drawings.
- Unwelcome touching, such as patting, pinching, or constant brushing against another’s body; or
- Suggesting or demanding sexual involvement of another employee, whether or not such suggestion or demand is accompanied by implicit or explicit threats concerning one’s employment status or similar personal concerns.
Even if two or more individuals are engaging in consensual conduct, such conduct could constitute harassment of or discrimination against another individual who witnesses or overhears the conduct and may be adversely affected.
Responsibility
Each individual is responsible to help ensure that harassment and discrimination do not occur and are not tolerated. The Arboretum encourages employees who believe that they are being harassed to notify the person who is offending them firmly and promptly that the behavior is unwelcome if it is reasonable to do so under the circumstances.
Reporting Violations
The Morton Arboretum strongly encourages the prompt reporting of all violations of this policy. An individual who believes that they have been subjected to sexual or other types of harassment or discrimination, or who has witnessed harassment or discrimination, should immediately report the conduct in question to their supervisor, any other supervisor, program director, or vice president, or the director of human resources. Reports can also be made through an anonymous reporting hotline, as indicated in the Anonymous Hotline policy. A supervisor who receives a report of harassment or discrimination or becomes aware of such conduct must immediately inform the director of human resources to ensure a timely and thorough investigation.
Investigation Policies
The Morton Arboretum shall promptly investigate all complaints and make all reasonable efforts to resolve the matter in a manner most appropriate to the situation. This may include but is not limited to, convening conferences with the complainant and/or the accused harasser/discriminator to discuss the complaint and the results of the investigation.
The right to confidentiality, both of the complainant and of the accused, will be respected consistent with the organization’s legal obligations and with the necessity to investigate allegations of misconduct and to take corrective action when this conduct has occurred.
Upon completion of the investigation, if it is determined that the complaint is valid and prohibited harassment has occurred, the Arboretum will take appropriate corrective action designed to stop the harassment immediately and to prevent its recurrence, up to and including termination. Where a hostile work environment has been found to exist, the Arboretum will take all reasonable steps to eliminate the conduct creating such an environment. The Morton Arboretum will also take appropriate action to address a substantiated complaint of discrimination or harassment by a third party or non-employee.
If an investigation results in a finding that the complainant falsely accused another of harassment or discrimination knowingly or in a malicious manner, the complainant will be subject to appropriate discipline, including the possibility of discharge.
Retaliation Prohibited
Reporting harassment or discrimination or participating in an investigation will not reflect adversely upon an individual’s status or affect future employment opportunities. Retaliation against employees who, in good faith, bring harassment or discrimination charges or complaints or assist in investigating such charges or complaints is strictly prohibited by this policy and the Illinois Human Rights Act, and the Illinois Whistleblower Act, Title VII of the Civil Rights Act of 1964. Any employee who retaliates against another for exercising their rights under this policy shall be subject to discipline, up to and including termination. The Morton Arboretum will also take appropriate action to address a third party or non-employee who engages in retaliation. Employees are to report any incident of retaliation to their supervisor, program director, vice president, or the director of human resources. A supervisor who receives a report of retaliation or becomes aware of such conduct must immediately inform the director of human resources so that a prompt, thorough, and complete investigation can be conducted.
Resolution Outside the Organization
The purpose of this policy is to establish prompt, thorough, and effective procedures for responding to every report and incident so that problems can be identified and remedied internally. However, an individual has the right to contact the Illinois Department of Human Rights (IDHR) and/or the Equal Employment Opportunity Commission (EEOC) about filing a formal complaint. An IDHR or EEOC complaint must be filed within 300 days of the alleged incident(s) unless it is a continuing offense.
Contact Information:
Illinois Department of Human Rights (IDHR)
- Chicago: 312-814-6200 or 800-662-3942; TTY: 866-740-3953
- Springfield: 217-785-5100; TTY: 866-740-3953
- Marion: 618-993-7463; TTY: 866-740-3953
Illinois Human Rights Commission (IHRC)
- Chicago: 312-814-6269; TTY: 312-814-4760
- Springfield: 217-785-4350; TTY: 217-557-1500
United States Equal Employment Opportunity Commission (EEOC)
- Chicago: 800-669-4000; TTY: 800-869-8001