GUNDERSON MARINE LLC
Employment Policy Updates
January 2024Equal Employment Opportunity
EEO STATEMENT
Gunderson Marine LLC is committed to providing equal employment opportunities for all employees and applicants. Gunderson Marine bases all employment decisions on business needs, job requirements, and individual qualifications without regard to protected characteristics, including, but not limited to, race (including physical characteristics that are historically associated with race, including, but not limited to, natural hair, hair texture, hair type, and protective hairstyles), color, national origin, ethnicity, citizenship status, religion, sex, gender, pregnancy (including pregnancy- or childbirth-related disability or medical conditions), sexual orientation, gender identity/expression, marital or domestic partnership status, age, military or uniform service member status, an expunged juvenile record, physical or mental disability, genetic information, or any other protected characteristic under applicable federal, state, or local law. This policy applies to all aspects of employment and employment decisions, including, but not limited to, hiring, selection, job assignment, training, compensation, promotion, discipline, termination, and access to benefits.
Employees may discuss questions about equal employment opportunities with their manager or HR.
AFFIRMATIVE ACTION POLICY
Gunderson Marine maintains a continuing policy of non-discrimination in employment. It is our policy to provide equal opportunity to individuals with disabilities and protected veterans in all phases of the employment process and in compliance with applicable federal, state, and local laws and regulations. This policy of nondiscrimination shall include, but not be limited to, the following employment decisions and practices: hiring; promotions; demotions or transfers; layoffs; recalls; terminations; rates of pay or other forms of compensation; selection for training, including apprenticeship; and recruitment or recruitment advertising.
Employees and applicants of Gunderson Marine will not be subjected to any form of harassment or discrimination for exercising rights protected by, or because of their participation in an investigation or compliance review related to the Americans With Disabilities Act, Section 503 of the Rehabilitation Act of 1973, the Vietnam Era Veterans' Readjustment Assistance Act of 1974, the Veterans Employment Opportunities Act of 1998, or any other federal or state non-discrimination law, rule, or regulation.
Gunderson Marine will continue to direct management personnel to take such action as may be required to prevent behavior prohibited by this policy. Gunderson Marine will investigate all reports or complaints, and take appropriate disciplinary action if necessary, up to and including termination of employment, if necessary. Gunderson Marine strictly prohibits all forms of retaliation against anyone who complains of or witnesses behavior contrary to this policy.
Employees who believe that they have experienced or witnessed discrimination, or who wish to review appropriate portions of these programs, should notify HR.
Prohibition of Discrimination, Harassment, and Retaliation
Gunderson Marine is committed to providing a work environment that is free from all forms of unlawful discrimination, harassment, and retaliation. This policy applies to all employees and prohibits unlawful discriminatory, harassing, or retaliatory conduct by anyone—including employees, supervisors, managers, officers, board members, clients, vendors, or others in the workplace. Employees with questions about this policy should contact their manager or HR.
Prohibited Conduct
Gunderson Marine prohibits workplace conduct that constitutes discrimination or harassment because of an individual’s “protected characteristic,” including race (including physical characteristics that are historically associated with race, including, but not limited to, natural hair, hair texture, hair type, and protective hairstyles), color, national origin, ethnicity, citizenship status, religion, sex, gender, pregnancy (including pregnancy- or childbirth-related disability or medical conditions), sexual orientation, gender identity/expression, marital or domestic partnership status, age, military or uniform service member status, an expunged juvenile record, physical or mental disability, genetic information, or any other protected characteristic under applicable federal, state, or local law.
This policy also expressly prohibits sexual assault, defined as unwanted conduct of a sexual nature inflicted upon a person or compelled by physical force, manipulation, threat, or intimidation.
For purposes of this policy, the “workplace” includes when employees are on Gunderson Marine premises, at Gunderson Marine-sponsored off-site events, traveling on behalf of Gunderson Marine, or representing or conducting business, regardless of location, on behalf of Gunderson Marine.
In accordance with this policy, Gunderson Marine will not take or tolerate any discriminatory employment action (including, but not limited to, hiring, scheduling, compensation, promotion, disciplinary, or termination decisions) or unlawful harassment against any employee or applicant based on a protected characteristic. Gunderson Marine also will not take or tolerate any form of retaliatory action toward an employee because they have, in good faith, made a report, filed a complaint, or participated in the investigation of a complaint under this policy.
Sexual Harassment
Gunderson Marine strictly prohibits, and will not tolerate, sexual harassment or sexual assault in the workplace by any person (including employees, supervisors, managers, officers, board members, clients, vendors, or others in the workplace) under any circumstances.
Unlawful sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, or other verbal, physical, or visual conduct of a sexual nature when:
● submission to the conduct is made a term or condition of employment;
● submission to or rejection of the conduct is used as the basis for any employment-related decision; or
● the conduct has the purpose or effect of unreasonably interfering with an employee’s work performance or creating an intimidating, hostile, or offensive work environment.
Sexual desire need not motivate the actor for the conduct to be unlawful or to violate this policy. For example, hostile acts toward an employee because of their gender can constitute sexual harassment, regardless of whether the sexual desire motivated the conduct. In addition, conduct prohibited by this policy includes conduct by an employee of the same or opposite sex or gender, regardless of any involved individual’s actual or perceived sex, gender, sexual orientation, gender identity, or gender expression.
Some examples of sexual harassment include but are not limited to, the following: unwelcome sexual flirtations, advances, or propositions; subtle pressure or requests for sexual activities or favors; graphic or verbal commentary about an individual’s body, sexual prowess, or deficiency; leering, whistling, or touching; physical assault; sexual acts; sexually explicit comments, gestures, or jokes; display in the workplace of sexually suggestive objects, posters, cartoons, wallpapers, pictures, videos, music, or other audio recordings. This list is not exhaustive.
Other Types of Unlawful Harassment
In addition to sexual harassment, Gunderson Marine prohibits, and will not tolerate, any form of unlawful harassment based on any other protected characteristic in the workplace by any person (including employees, supervisors, managers, officers, board members, clients, vendors, or others in the workplace) under any circumstances.
Harassment is unwelcome conduct based on any protected characteristic under applicable federal, state, or local law. Harassment includes verbal or physical conduct that denigrates or shows hostility or aversion toward an individual because of a legally protected characteristic of the employee, or the employee’s relatives, friends, or associates.
Harassment becomes unlawful when:
● endurance of the offensive conduct becomes a condition of continued employment; or
● the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.
Some examples of harassment include but are not limited to, epithets, slurs, or negative stereotyping; threatening, intimidating, or hostile acts; and written or graphic material that denigrates or shows hostility or aversion toward an individual or group based on a protected characteristic. Harassment does not refer to occasional compliments of a socially acceptable nature.
Discipline for Violations
Any person found to have engaged in unlawful discrimination, harassment, or retaliation in violation of this policy will be subject to disciplinary action, up to and including immediate termination of employment. Gunderson Marine may also subject employees, including supervisors or managers, to disciplinary action, up to and including immediate termination of employment, if they fail to report or take prompt and appropriate action to address known or suspected discrimination, harassment, or retaliation in the workplace.
Retaliation Is Prohibited
Gunderson Marine strictly prohibits all forms of retaliation against any employee for making a good-faith report of unlawful discrimination, harassment, or retaliation under this policy. Gunderson Marine will not take, or tolerate, any form of retaliatory or negative treatment or action against an employee because they made a good faith report or complaint under this policy or participated in any workplace investigation or complaint process. An employee, including a supervisor or manager, who retaliates against another employee for reporting harassment, discrimination, or retaliation under this policy will be subject to disciplinary action, up to and including termination of employment.
Reporting Procedures
Employees should report any actions that they believe may violate this policy no matter how slight the actions may seem Gunderson Marine cannot resolve a potential policy violation unless it knows about it. Employees are, therefore, responsible for reporting possible policy violations so that Gunderson Marine can investigate and take appropriate action if necessary.
Employees must report promptly all concerns of unlawful discrimination, harassment, or retaliation in violation of this policy. Any employee who believes they, or another employee, have been subject to unlawful discrimination, harassment, or retaliation must report the incident as soon as possible. Gunderson Marine also encourages all employees to document all incidents of unlawful discrimination, harassment, or retaliation as soon as possible.
Due to the very serious nature of discrimination, harassment, and retaliation, employees must report concerns to (one of) the individual(s) listed below:
● Their manager; or
● HR.
If an employee makes a report to a person listed above and that person either does not respond or does not address the situation consistent with this policy, the employee must report the situation to one of the other persons on the list above to receive complaints. In addition, if an employee has a concern regarding their manager or HR or the manner in which they handled a complaint, or does not feel comfortable reporting their concern to one of the above-listed individuals, they may report their concern to any other member of management or the CEO. The name and contact information for each of the above-identified individuals will be made available to employees.
Employees may submit a report or complaint orally or in writing, but Gunderson Marine encourages employees to provide written reports or statements when possible. To the extent possible, employees should include details of the incident(s) (including dates, times, and locations), as well as the names of any witnesses and individuals involved. Upon receipt of a complaint or report under this policy, Gunderson Marine will provide a reporting employee with another copy of this policy.
Gunderson Marine takes this seriously and will promptly investigate all reports of discrimination, harassment, or retaliation under this policy. Gunderson Marine will maintain reports, complaints, and investigations under this policy in as confidential a manner as possible. However, Gunderson Marine cannot promise complete confidentiality because its duty to investigate and take corrective action may require the disclosure of information to individuals with a need to know.
Gunderson Marine is committed to taking appropriate action to address and deter prohibited conduct under this policy. If Gunderson Marine determines that prohibited conduct occurred, it will take appropriate remedial action, which may include disciplinary action against a person found to have violated this policy. However, Gunderson Marine is not required to take a specific action requested by the reporting employee, if any, and reserves the right to take the action it deems necessary and appropriate in its sole discretion.
Nothing in this policy prohibits employees from filing an external complaint of unlawful discrimination, harassment, or retaliation with the Oregon Bureau of Labor and Industries (BOLI), U.S. Equal Employment Opportunity Commission (EEOC), or court. For claims based on workplace conduct occurring on or after September 29, 2019, Oregon law provides that any legal action asserting allegations of sexual assault or discrimination or harassment in violation of ORS 659A.030 (because of race, color, national origin, religion, sex, gender, pregnancy, sexual orientation, gender identity/expression, marital status, age, or an expunged juvenile record), ORS 659A.082 (because of uniformed service), or ORS 659A.112 (because of disability) must be commenced within five years of the occurrence. Other applicable laws may have a shorter time limitation on filing.
As noted above, Gunderson Marine will not penalize or retaliate against any employee for making a good faith report of harassment, discrimination, retaliation, or other actions that they in good faith believe may violate this policy.
Non-Disclosure/Non-Disparagement Agreements
In accordance with Oregon law, Gunderson Marine will not require or coerce any employee (including a current, former, or prospective employee) to enter into any agreement as a condition of employment, continued employment, promotion, compensation, or receipt of benefits that contains a non-disclosure, non-disparagement, or other provision that has the purpose or effect of preventing the employee from disclosing or discussing workplace conduct that constitutes sexual assault or discrimination or harassment because of race, color, national origin, religion, sex, gender, pregnancy, sexual orientation, gender identity/expression, marital status, age, an expunged juvenile record, uniformed service, or disability.
A non-disclosure provision prohibited by this policy is an agreement by which one or more parties agree not to discuss or disclose information regarding workplace conduct that constitutes sexual assault or discrimination or harassment because of race, color, national origin, religion, sex, gender, pregnancy, sexual orientation, gender identity/expression, marital status, age, an expunged juvenile record, uniformed service, or disability, including the amount or terms of a settlement. A non-disparagement provision is an agreement by which one or more parties agree not to discredit or make negative or disparaging written or oral statements about any other party or the organization. A no-rehire provision is an agreement that prohibits an employee from seeking reemployment with Gunderson Marine and allows Gunderson Marine not to rehire that individual in the future.
Notwithstanding the foregoing, an agreement with an employee that includes a release of claims against the employer for workplace conduct that constitutes sexual assault or discrimination or harassment because of race, color, national origin, religion, sex, gender, pregnancy, sexual orientation, gender identity/expression, marital status, age, an expunged juvenile record, uniformed service, or disability may include an otherwise prohibited non-disclosure, non-disparagement, no-rehire, or other provision as a term or condition of the agreement, if voluntarily requested by the employee and provided the employee has seven days to revoke the agreement. Gunderson Marine may also enter into an agreement with an employee that includes such provisions if it makes a good faith determination that the employee engaged in workplace conduct that constitutes sexual assault or discrimination or harassment because of race, color, national origin, religion, sex, gender, pregnancy, sexual orientation, gender identity/expression, marital status, age, an expunged juvenile record, uniformed service, or disability, or as otherwise permitted by Oregon law.
Non-Interference
Nothing in this policy, nor any of Gunderson Marine’s separate policies, is intended to have the purpose or effect of preventing employees from disclosing or discussing workplace conduct that constitutes sexual assault or discrimination or harassment in violation of ORS 659A.030 (because of race, color, national origin, religion, sex, gender, pregnancy, sexual orientation, gender identity/expression, marital status, age, or an expunged juvenile record), ORS 659A.082 (because of uniformed service), or ORS 659A.112 (because of disability), or engaging in other legally protected disclosures, except to the extent expressly permitted by applicable law.
Disability Accommodation
Gunderson Marine does not discriminate against qualified individuals based on disability in any aspect of employment and will provide reasonable accommodation to qualified individuals with a disability in accordance with federal and state disability laws. Qualified individuals are those applicants or employees who can perform all of the essential functions of an available position for which they are qualified, either with or without a reasonable accommodation.
Reasonable accommodation is determined based on a case-by-case analysis. Gunderson Marine will consider requests for accommodation through an informal, interactive process between the employee, the employee’s manager, and HR. Gunderson Marine may require an employee to provide documentation during the accommodation process, including documentation from a healthcare provider, in order to establish eligibility for accommodation and the need for and effectiveness of a proposed accommodation. Gunderson Marine will provide reasonable accommodation to qualified disabled individuals that do not cause undue hardship to its operations or create a direct threat to the health or safety of the employee or others. Reasonable accommodation could include things such as physical restrictions, modifications to the physical work environment, modifications to the work schedule, or unpaid disability leave from work (even if the employee is not eligible for or has already exhausted other forms of protected leave). Gunderson Marine, in its sole discretion, may provide an accommodation suggested by an employee or may provide an alternative reasonable accommodation that will enable the employee to perform all of the essential functions of their job. To the extent possible, Gunderson Marine will maintain the confidentiality of all documentation obtained during this process separately from personnel files and limit access only to authorized individuals.
Gunderson Marine expressly prohibits any form of discipline, intimidation, or retaliation against individuals because they requested a reasonable accommodation in good faith. Employees should contact their manager or HR to request an accommodation or for additional information.
Pregnancy and Lactation Accommodation
Gunderson Marine provides pregnancy and lactation accommodation in accordance with applicable law and this policy. Employees should contact their manager or HR to obtain more information or request a pregnancy or lactation accommodation.
Pregnancy Accommodation
Employees and applicants in Oregon have a right to be free from unlawful discrimination and retaliation because of pregnancy, childbirth, or related medical conditions (including lactation) and have a right to reasonable workplace accommodation for known limitations related to pregnancy, childbirth, or related medical conditions (including lactation), unless doing so would impose an undue hardship.
Gunderson Marine will not discriminate against employees or applicants because of known limitations related to pregnancy, childbirth, or related medical conditions (including lactation), and will provide reasonable accommodation to employees or applicants for such known limitations unless doing so would impose an undue hardship.
To that end, Gunderson Marine will not:
● Deny employment opportunities because of the need for reasonable accommodation;
● Deny reasonable accommodation for known limitations, unless it would cause undue hardship;
● Discriminate or retaliate against employees or applicants for inquiring about, requesting, or using a reasonable accommodation;
● Require employees or applicants to accept a reasonable accommodation that is unnecessary to perform the essential functions of the job or if they do not have a known limitation; or
● Require employees to take leave from work if Gunderson Marine can provide another reasonable accommodation for a known limitation.
Possible reasonable accommodations under this policy could include, but are not limited to:
● Acquisition or modification of equipment or devices;
● Longer or more frequent break periods;
● Assistance with manual labor; and/or
● Modification to work schedules or job assignments.
Lactation Accommodation
Gunderson Marine will provide reasonable lactation breaks to accommodate employees who need to express milk for their child during the workday each time they need to do so until their child is 18 months of age. If feasible, employees shall attempt to take lactation breaks at the same time as their normal rest or meal breaks. However, Gunderson Marine will provide additional time and/or breaks for lactation if needed. Lactation breaks are unpaid, except to the extent they overlap with a paid break. With manager approval, employees may be permitted (but are not required) to start their shift early or end it later in order to make up the unpaid time used during lactation break(s). When possible, employees should provide reasonable notice that they intend to express milk upon returning to work after their child’s birth; however, failure to provide such notice will not be grounds for disciplinary action. Gunderson Marine may allow employees temporarily to change job duties if their regular job duties do not allow them to express milk. Reasonable lactation breaks are available to exempt and non-exempt employees.
Gunderson Marine will make reasonable efforts to provide nursing employees with a private location (other than a public restroom or toilet stall) with an electrical outlet available, within close proximity to their work area to express milk during the workday. Gunderson Marine will also allow employees to use an onsite refrigerator designated for employee use (if one is available at the work location) to store the milk or to bring their own insulated container to do so.
Religious Accommodation
Gunderson Marine will reasonably accommodate an applicant’s or employee’s sincerely held religious beliefs or practices in accordance with applicable law, to the extent such accommodation does not pose an undue hardship on Gunderson Marine. If an employee believes they need an accommodation, such as time off from work or a dress and/or clothing accommodation because of their religious beliefs or practices, they should contact their manager or HR.
Whistleblower Protection Policy
Gunderson Marine endeavors to conduct its business ethically and in compliance with all applicable laws and regulations at all times, and expects all employees to assist it in doing so. Gunderson Marine encourages employees to promptly report any questions or concerns that they believe in good faith to violate any applicable federal, state, or local law or regulation (such as equal employment opportunity laws, workplace health and safety laws, wage and hour laws, or other laws or regulations applicable to Gunderson Marine). Gunderson Marine encourages employees to report such concerns to their manager or HR. Employees may also report to another member of management or the CEO if they have a concern that involves the their manager or HR, or they otherwise do not feel comfortable reporting to their manager or HR. Gunderson Marine will promptly investigate all such reports in as confidential a manner as possible and will take appropriate remedial action if necessary. In accordance with Oregon law, Gunderson Marine will not subject an employee to any form of retaliation because they made a good faith internal or external report of unethical or illegal activity in accordance with applicable law or this policy. If any employee believes that their manager or any other employee has treated them (or another employee) negatively because they made a report or complaint under this policy or applicable law, they should promptly notify their manager or HR. Any employee found to have engaged in retaliatory conduct in violation of this policy will be subject to disciplinary action, up to and including termination of employment.