The intent of these model policies is to increase the awareness of law firms, corporate law departments, government agencies and others who employ lawyers in the state of the possible need and interest of lawyers in working more flexible schedules and of the right of lawyers to work in environments that do not create, permit or condone sexual harassment.
These policies do not create a single approach to these issues. Rather, given the vast differences in size and context of legal employers in Indiana, and the freedom that should be recognized for legal employers to determine on their own how best to address these issues, these policies by design are "models" intended to prompt awareness and consideration of these matters.
The model policies include the following:
(For example, for use in a smaller firm or other more informal and unstructured environment without significant management resources)
Policy Against Sexual Harassment
It is the policy of (firm/employer) to maintain a working environment free of all inappropriate conduct of a sexual nature. Sexual harassment in any form is expressly prohibited.
Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or behavior of a sexual nature, when (1) submission to such conduct either explicitly or implicitly is made a condition of employment or is used as a basis for employment decisions, or (2) such conduct has the purpose or effect of unreasonably interfering with work performance (including through creation of a sexually hostile work environment).
Any individual who engages in any conduct that constitutes sexual harassment or that creates a sexually offensive and/or hostile working environment will be subject to appropriate action, up to and including disciplinary action or immediate termination.
Management will promptly and thoroughly investigate all incidents of sexual harassment and will take appropriate corrective action. Any individual who believes that a violation of this sexual harassment policy has occurred has the responsibility to report the alleged violation immediately to (designated individual) or to any other representative of management. No adverse action will be taken against any individual who reports incidents of sexual harassment, and all reports will be treated confidentially.
In order to avoid the appearance of impropriety, (firm/employer) discourages relationships of a sexual nature between supervisors and employees reporting directly or indirectly to that supervisor. The existence of such relationships should immediately be reported to (designated individual) so that appropriate steps may be taken, including reassignment of personnel, to avoid the potential for impropriety.
B. Long-Form Policy
(For example, for use in a larger firm or other more formal and structured environment with significant management resources).
Policy Against Sexual Harassment
1. Policy
It is the policy of (firm/employer) to maintain a working environment free of all inappropriate conduct of a sexual nature. Sexual harassment in any form is expressly prohibited.
Any employee who engages in any conduct that constitutes sexual harassment or that creates a sexually offensive and/or hostile work environment will be subject to appropriate action, up to and including disciplinary action or immediate termination.
Any individual who is aware of sexual harassment or sexually offensive conduct has a duty to report that conduct of (designated individual) or any other member of management.
Management will promptly and thoroughly investigate all incidents of sexual harassment and will take appropriate corrective or disciplinary action.
To avoid even the appearance of impropriety, (firm/employer) discourages relationships of a sexual nature between supervisors and employees reporting directly or indirectly to the supervisor. The existence of such relationships should immediately be reported to (designated individual) so that appropriate steps may be taken, including reassignment of personnel, to avoid the potential for the sexual relationship to adversely affect the individuals' employment relationship in any manner.
2. Sexual Harassment Defined
Sexual harassment includes but is not limited to:
a. Unsolicited and unwelcome verbal comments or jokes and physical gestures or actions of a sexual nature toward another employee (for example, touching, patting, pinching, indecent exposure or vulgar jokes);
b. Unsolicited and unwelcome demands or requests for sexual favors or social or sexual encounters;
c. The explicit or implicit promise of preferential treatment with regard to an individual's employment in exchange for sexual favors or sexual activity;
d. The use of an employee's or applicant's submission to or rejection of such conduct as the basis for making, influencing or affecting an employment decision that has an impact upon the terms and conditions of the individual's employment (e.g., hiring, firing, promotion, demotion, assignment, compensation, benefits or working conditions); and,
e. Engaging in sexual conduct in the workplace, such as verbal comments, jokes, physical gestures, or displaying sexually explicit photographs or objects that a reasonable person would find interferes with the performance of work or creates a sexually hostile working environment.
3. Responsibility
a. Management
All managers and supervisors are responsible for: (i) knowing the (firm/employer) policy on sexual harassment and informing employees that sexual harassment is prohibited by (firm/employer) policy and that (firm/employer) will promptly investigate alleged incidents of sexual harassment and take appropriate disciplinary or corrective action; (ii) reporting immediately all alleged incidents of sexual harassment to (designated individual) or other member of management; (iii) rejecting an employee's or applicant's offer or promise of sexual favors made in anticipation of or in exchange for some personnel action and advising the employee or applicant that such an exchange violates (firm/employer) policy and will not be condoned; and (iv) complying with (firm/employer's) policy on sexual harassment and exhibiting a model of the behavior expected of all employees.
b. Employees
Any employee who believes that a violation of (firm/employer's) sexual harassment has occurred is encouraged and has the responsibility to report the alleged violation immediately to (designated individual) or to any other member of management. The employee's report will result in prompt investigation of the sexual harassment alleged. There will be no adverse action taken against an employee because the employee reports incidents of sexual harassment.
4. Investigation Procedures
Given the nature of sexually inappropriate behavior and the serious effects it can have on the person harassed and the accused, (firm/employer) treats alleged violations of its policy seriously and, to the extent possible, confidentially; (firm/employer) expects that all its employees will treat alleged violations in the same responsible manner. Each allegation of sexual harassment will be investigated in a prompt, diligent and thorough manner. Investigations will be designed to protect the privacy of the parties concerned to the extent possible, and findings and conclusions will be reviewed with employees involved in the alleged incident or conduct. If, after the investigation, management finds that an employee has violated (firm/employer's) policy against sexual harassment, management will take appropriate action.
5. Non-Employee Conduct
Although (firm/employer) obviously cannot control or be responsible for the actions of individuals not in our employ but with whom our employees interact, conduct by such individuals at the premises of (firm/employer) or while in business dealings with our employee which constitutes sexual harassment or creates a sexually offensive environment should be reported to (designated individual) or another member of management for investigation and appropriate response.
6. Potential Remedies and Solutions
The response to the issues and conclusions raised through this procedure of necessity will depend upon the facts revealed and conclusions reached. Among appropriate activities to be undertaken in the event they are warranted may be conferences with the individuals involved; identification of behavior to be avoided; sensitivity training or other avenues to increase awareness of sexually inappropriate behavior; and, where warranted, discipline or termination. In each case (firm/employer) will consider the available information, the circumstances, the interests of (firm/employer) and those involved, and other relevant factors in determining whether and with what means to respond to the situation.
Policy on Alternative Work Arrangements
(Firm/employer) recognizes that, in today's working and living environment, lawyers may have need to seek more flexible working arrangements for some period of time during their professional lives.
(Firm/employer) is committed to making reasonable efforts to accommodate a lawyer's request for an alternative work arrangement, assuming the arrangement (1) meets the legitimate needs and interests of the individual lawyer; (2) does not diminish or interfere with (firm/employer's) primary obligation to provide client service; (3) does not unfairly burden other lawyers in the (firm/employer); (4) permits the continued professional growth and development of the lawyer; and (5) is economically feasible.
Any lawyer who feels the need to explore the possibility of an alternative work schedule is encouraged to contact (designated individual) directly, or any other member of management. They will facilitate the process of discussing alternative work schedules with the lawyer, examining the feasibility and circumstances of such an alternative schedule, and working with the lawyer to reach conclusions concerning any arrangement determined by both the lawyer and (firm/employer) to be acceptable.
B. Sample Generic Policy: Child-Rearing
Policy on Alternative Work Arrangements for Child-Rearing Purposes
(Firm/employer) recognizes that an attorney should be permitted to work a flexible or reduced work schedule for reasons related to child-rearing. Alternative scheduling opportunities for child-rearing purposes promote the continued participation in the working life of (firm/employer) of attorney with significant responsibility for the care of natural, adopted or foster children. Additionally, alternative scheduling opportunities benefit both (firm/employer) and its clients by facilitating the recruitment of qualified and representative new attorneys and the retention of experienced attorneys.
(Firm/employer) expects that an attorney working an alternative work schedule will be flexible in his or her hours so as to provide quality and timely services to clients consistent with the area of practice and level of responsibility of the attorney involved. The attorney working an alternative work schedule recognizes that (firm/employer's) standard of professionalism and client loyalty must be maintained.
Various flexible work schedules can be developed to meet the varied requirements of different practice settings and different situations. The attorney and his or her supervisor should feel free to create the most mutually advantageous arrangement possible. The attorney should continue to perform work commensurate with her or his experience and skills. Competent and efficient performance of the appropriate level of work are to be maintained.
The following are examples of alternative work schedules:
Flextime - The attorney continues to work a full-time schedule, but has some flexibility to choose when to fulfill work obligations.
Part Time - The attorney works a reduced schedule.
Job Sharing - Two part-time attorneys share one full-time position.
Remote Work - The attorney has the option to work at home or in another off-site work setting. The attorney will be linked to the office by telephone and/or by computers, facsimile machines and voice mail.
Where it is feasible, (firm/employer) welcomes proposals for sharing of offices, secretaries, workload, and any other ideas for making the alternative work arrangement mutually effective.
An attorney may apply for an alternative work schedule for child-rearing purposes. Requests for alternative work schedules for reasons other than child-rearing will be considered on a case-by-case basis.
An attorney requesting an alternative work schedule should submit a proposal to (designated individual) as much in advance as possible. Requests for alternative scheduling arrangements related to child-rearing generally will be granted if the attorney is in good standing, if the request reasonably can be accommodated by the work area which directly is affected, and if the attorney and (firm/employer) mutually agree on the terms of employment applicable during the alternative work arrangement.
Compensation of an attorney on a reduced schedule for child-rearing generally will be paid on a mutually agreed basis, with reference to the number of hours expected to be worked by the attorney during the alternative work schedule as compared to the number of hours that the lawyer would be expected to work if working full-time.
The attorney will receive health insurance coverage while on an alternative work schedule. The attorney may be required to contribute to the cost of coverage. All other benefits (including vacation and sick leave) will be provided on a mutually agreed basis.
Working an alternative work schedule generally will not affect the basic eligibility of the attorney to be considered for promotion, although the attorney must recognize that the alternative arrangement may increase the amount of time necessary to acquire the amount, duration and quality of experience needed for progression, due to the reduced level of time committed to the practice during the arrangement.
Each alternative work schedule arrangement will be reviewed and evaluated periodically (initially, semi-annually) and may be evaluated more frequently as needed. At this time consideration may be given, if necessary, to appropriate adjustments to continue the arrangement on a mutually satisfactory basis.
C. Sample Detailed Policy: Multi-Purpose
Policy on Alternative Work Arrangements
Preface
The kind of alternative work arrangement described in this policy is intended as an accommodation to a lawyer who needs to work for a time at a lightly slower pace. Any lawyer who has a different need or goal than described in this policy and wishes to discuss other kinds of alternative work arrangements should contact the appropriate liaison.
Introduction
(Firm/employer) recognizes that some lawyers may request to reduce the amount of time devoted to the practice for a period in their professional lives. (Firm/employer) is committed to making reasonable efforts to accommodate a lawyer's request for an alternative work arrangement so long as such an arrangement (1) meets the legitimate needs and interests of the individual lawyers; (2) is consistent with (firm/employer's) primary obligation to client service; (3) does not unfairly burden other lawyers; (4) permits the continued professional growth and development of the lawyer; and (5) is economically feasible.
The kind of alternative work arrangement described in this policy is designed for a lawyer who wishes to experience the full range of opportunities and to develop professionally, albeit over a longer period of time than his or her contemporaries.
Various flexible work schedules can be developed to meet the varied requirements of different practice settings and different situations. The attorney and his or her supervisor should feel free to create the most mutually advantageous arrangement possible. The attorney should continue to perform work commensurate with her or his experience and skills. Competent and efficient performance of the appropriate level of work are to be maintained.
The following are examples of alternative work schedules:
Flextime - The attorney continues to work a full-time schedule, but has some flexibility to choose when to fulfill work obligations.
Part Time - The attorney works a reduced schedule.
Job Sharing - Two part-time attorneys share one full-time position.
Remote Work - The attorney has the option to work at home or in another off-site work setting. The attorney will be linked to the office by telephone and/or computers, facsimile machines and voice mail.
Where it is feasible, (firm/employer) welcomes proposals for sharing of offices, secretaries, workload and any other ideas for making the alternative work arrangement mutually effective.
Commitments Made By the Lawyer Who Has an Alternative Work Arrangement
The lawyer who has such an alternative work arrangement makes the same commitments as do other lawyers but at a reduced level with respect to time. Specifically:
A lawyer with a request for this kind of alternative work arrangement should go to (designated individual), who will serve as a liaison to help the requesting lawyer and those with whom he or she works attempt to formulate an arrangement that works for everyone involved.
The liaison will first help the lawyer articulate a specific description of the arrangement requested, including time management and goal, core working hours, term of the arrangement, and any other details concerning what the lawyer plans to do to assure that his or her responsibilities to clients and to (firm/employer) will be met.
The liaison will work with the lawyer and other lawyers who would be affected by the arrangement with the goal of formulating an arrangement that (a) accommodates the lawyer's requirements; (b) is consistent with client service obligations; (c) does not unfairly burden other lawyers; and (d) permits the lawyer's continued professional growth and development. Where the parties can work out an arrangement that satisfies those criteria, and the particulars of any such arrangement, will spend on a variety of circumstances, including the lawyer's area of responsibility and experience level, staffing levels and workloads, and the lawyer's specific requirements for the arrangement.
If the lawyer and other lawyers affected are able to formulate an arrangement that they believe satisfies the four criteria above, the liaison will present the proposal to management, which will (a) determine the compensation level at which the lawyer should be paid during the alternative work arrangement to assure that the arrangement is economically feasible and (b) satisfy itself that the proposed arrangement satisfies the other criteria. All alternative work arrangements must be approved by management.
Guidelines
Eligibility: Any lawyer who has been employed at (firm/employer) for (period of years) is eligible to request an alternative work arrangement. (Firm/employer) believes that the success of an alternative work arrangement depends on the lawyer's bringing to it a solid foundation of professional training and successful practice experience.
Term: There is no maximum or minimum period during which a lawyer may work under an alternative work arrangement; however, such arrangement is not intended to be permanent.
Benefits: (Firm/employer) will continue to provide a benefits package while the alternative work arrangement is in effect. The benefits package shall be agreed upon by (firm/employer) and employee.
Salary: A lawyer's salary while he or she is working pursuant to an alternative work arrangement will be determined on an annual basis by management, which will consider such factors as the amount of time committed to the practice, the lawyer's length of service, and the demands of the practice. A lawyer's compensation may not be as great a percentage of a standard salary as the percentage his or her time goal bears to the standard time commitment. An alternative work arrangement may require allowance for such costs as full fringe benefits, fixed overhead costs and full-time secretarial services in order to be economically feasible.
Career Progression: Because a lawyer's professional development bears a relationship to the amount of his or her experience in the practice, an alternative work arrangement, with is reduction in the amount of the lawyers experience, may be expected to delay a lawyer's career progression. Management has the discretion to determine that a lawyer's reduced workload over a short time has not materially affected the cumulative amount of his or her professional experience.
Review: The alternative work arrangement will be evaluated annually to see if it is working for the lawyer and for (firm/employer). Based on that evaluation, the arrangement can be continued, modified or terminated. The lawyer, his or her supervisor and the liaison are expected to meet periodically to review how the arrangement is working and to agree upon such adjustments as are necessary to address problems or improve the arrangement.