Datum is committed to providing a workplace free from discrimination and harassment. All employees, contractors, clients, and visitors have the right to work in an environment that promotes equal opportunity and prohibits discriminatory practices.
Violations of this policy will result in disciplinary action, up to and including immediate termination.
Scope
This policy applies to all work-related settings, including company facilities, client sites, remote work locations, business travel, company-sponsored events, and online interactions related to work. It covers conduct during and outside regular business hours when it affects the work environment.
Prohibited discrimination
Datum prohibits discrimination based on race, color, ethnicity, national origin, sex, gender, gender identity, gender expression, sexual orientation, age, religion, disability, genetic information, pregnancy, marital or family status, military or veteran status, or any other characteristic protected by law.
Prohibited discrimination includes making employment decisions based on protected characteristics, providing unequal pay or benefits, limiting opportunities based on protected characteristics, and retaliating against individuals who oppose discriminatory practices.
Prohibited harassment
Harassment is defined as unwelcome conduct based on a protected characteristic that creates an intimidating, hostile, or offensive work environment or interferes with work performance.
Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature. Examples include unwanted propositions, offering benefits in exchange for sexual favors, threatening reprisals after rejection, leering or sexual gestures, displaying sexually suggestive materials, sexual comments or jokes, unwanted touching, and sending sexually explicit messages.
Other forms of harassment include verbal harassment (slurs, derogatory comments, jokes), visual harassment (offensive posters, symbols, gestures), physical harassment (assault, unwanted touching, blocking movement), threats and intimidation, and cyberbullying related to protected characteristics.
A hostile work environment can be created by anyone in the workplace and is characterized by severe or pervasive unwelcome conduct that a reasonable person would find hostile or abusive.
Responsibilities
All employees must treat others with respect, comply with this policy, report suspected violations promptly, cooperate with investigations, and respect confidentiality.
Managers and supervisors must model appropriate behavior, maintain a workplace free from discrimination and harassment, take immediate action when violations occur, report concerns to Human Resources immediately, never discourage reporting, and ensure no retaliation occurs.
Reporting
Report discrimination or harassment immediately through any of these channels:
- Direct Supervisor (unless they are involved in the complaint)
- Human Resources: Steven Smyser, CFO at ssmyser@datum.net
- Senior Management: Any member of the leadership team
You do not need to confront the harasser before reporting. Anonymous reports are welcome. When reporting, provide as much detail as possible including names, dates, locations, descriptions of incidents, and any supporting documentation.
Investigation process
Upon receiving a complaint, we will acknowledge receipt promptly, assess whether interim measures are needed, and begin investigation immediately. All investigations will be prompt, thorough, impartial, documented, and confidential (shared only on a need-to-know basis).
We may implement interim measures during investigation such as temporary schedule changes, reassignment, or administrative leave. Upon conclusion, both parties will be informed of the outcome, appropriate action will be taken if violations are substantiated, and follow-up will ensure no retaliation occurs.
Disciplinary action
Violations may result in verbal or written warning, mandatory training, loss of privileges, demotion, suspension, termination, or legal action. The Company may take immediate action, including termination, for severe violations.
Non-retaliation
Datum strictly prohibits retaliation against anyone who reports discrimination or harassment in good faith, participates in investigations, opposes discriminatory conduct, or requests reasonable accommodation.
Retaliation includes termination, demotion, suspension, threats, negative performance evaluations not based on performance, unjustified changes in duties or conditions, or social ostracism. Retaliation is a serious violation and may result in discipline up to and including termination, even if the underlying complaint is not substantiated.
False complaints
While we encourage reporting concerns in good faith, knowingly making false accusations will result in disciplinary action up to and including termination. A complaint made in good faith that is not substantiated is not considered a false complaint.
Confidentiality
We maintain confidentiality to the extent possible while conducting thorough investigations. Information is shared only with those who need to know to conduct the investigation, implement corrective action, or as required by law. Employees involved in complaints or investigations should maintain confidentiality and not discuss matters with co-workers.
Resources
Internal resources can be secured through our Human Resources function ssmyser@datum.net. In addition, the following external resources are available:
- Equal Employment Opportunity Commission (EEOC): Website | 1-800-669-4000
- New York State Division of Human Rights: 1-888-392-3644
- National Sexual Assault Hotline: 1-800-656-4673
- National Domestic Violence Hotline: 1-800-799-7233
Questions about this policy should be directed to Human Resources at ssmyser@datum.net.