Non-Harassment Policy
Introduction
In order to promote harmonious work relationships, to prevent discrimination, and to maintain a professional atmosphere, BMC Software establishes this policy prohibiting harassment of individuals. This policy prohibits not only sexual harassment, but also prohibits any form of harassment which creates an intimidating, hostile, or offensive working environment.
Scope and Compliance
This Policy applies to all BMC operations globally. Employees are required to comply with this policy as described in the Overview of Corporate Policies. As with all corporate policies, failure to comply with this policy may result in disciplinary action up to and including termination of employment.
Definitions
- Harassment – can be any inappropriate statements, activity, and/or objects made or transmitted in any fashion relating to protected categories. Protected categories include race, color, age, national origin, physical or mental disability, history of disability, ancestry, citizenship status, political affiliation, religion, creed, sex, gender, (transgender, gender identity, gender expression), marital status, pregnancy, status as a parent, sexual orientation, veteran status, genetic information or other basis which has the effect of substantially interfering with an individual’s work performance, or creating an intimidating, hostile or offensive working environment.
- Sexual Harassment – may take the form of unwelcome sexual advances, requests of sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) 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.
Policy Statement
The Company will not tolerate bullying, cyber, face-to-face, or otherwise, threats of violence relating to the workplace, regardless of location. This policy is intended to be used as guidelines for employees, supervisors, and managers and has been prepared to aid in the recognition, prevention, and response to employee workplace violence.
This policy prohibits, but is not limited to: offensive, derogatory, insulting, intimidating or inappropriate comments, offers, threats, actions, conduct, behavior, jokes, pictures, messages, notes, documents or files made or transmitted verbally, electronically, in writing, visually, or nonverbally relating to protected categories of race, color, age, national origin, physical or mental disability, history of disability, ancestry, citizenship status, political affiliation, religion, creed, sex, gender, transgender, gender identity, gender expression, marital status, status as a parent, sexual orientation, veteran status or other factors prohibited by law.
Bystanders’ responsibility should be vigilant in identifying signs of bullying, threats of violence, or any behavior that may violate this policy, whether it occurs face-to-face or online. This includes offensive comments, intimidating actions, or inappropriate conduct related to protected categories such as race, gender, religion, or sexual orientation.
BMC requires employees, including those to whom any violation of this policy is directed, to immediately report any known or suspected violations of this policy as directed below.
Suspected violations should be immediately reported by any of the following methods:
- Your supervisor; manager
- Your local Human Resources Business Partner; or Compliance and Ethics office or legal department
- BMC Ethics Helpline via telephone at +1-800-461-9330. Web submission is also available at www.bmcHelpLine.com.
Individuals having information of known or suspected violations to this policy should not attempt to investigate the information before reporting it and should keep the information confidential. Upon reporting a suspected violation of this policy, you must give a full truthful disclosure of all information pertaining to the suspected violation. While care will be taken in handling the information and precautions will be made to maintain confidentiality to the extent possible under the circumstances, some circumstances require limited disclosure of information in order to properly investigate and address the matter.
Once a complaint is received, BMC will conduct a fair, timely and thorough investigation. If misconduct is found to have occurred appropriate remedial measures will be taken.
BMC prohibits retaliation against employees who, in good faith, report suspected policy violations or cooperate in an investigation of a suspected violation.
Roles and Responsibilities
A. Employees
Be aware of and abide by laws applicable to you, your job and BMC’s Policies and Procedures. BMC’s Policies and Procedures are available by going to the intranet, Human Resources and BMC management.
- Employees, who have questions about BMC’s Policies or Procedures or about applicable laws, should contact your manager or Human Resources.
- Be aware of, and do not participate in any prohibited or inappropriate behaviors or activities during work hours, while representing BMC or on BMC property.
- Be aware that BMC will take allegations seriously and will ask your cooperation in an investigation if, as an employee you bring a complaint forward.
- If you bring a complaint forward, it will be reviewed. If you elect not to participate, the complaint will still be reviewed.
- Provide a full and truthful disclosure of relevant information and assist with investigations of alleged policy violations.
- Handle information related to known or suspected violations of this policy in a discreet and confidential manner.
- Do not attempt to investigate the information or suspected violations of this policy.
B. Management (Management has the same responsibilities as the employee, as well as these additional responsibilities)
- Make information, policies, and procedures available to employees via the Web, Human Resources and BMC management. Management should have adequate knowledge about applicable laws, and answer questions regarding relevant policies and procedures.
- Immediately forward any report or complaint of an alleged violation of this policy and all relevant or requested information to the appropriate Human Resources Business Partner.
- Keep disclosed information as confidential as possible. Handle information in a discreet manner and disclose confidential information strictly on a “need-to-know” basis only.
- Do not attempt to investigate or verify the information unless instructed by the Human resources or Legal Department personnel in charge of the investigation.
- Fully cooperate, facilitate, and aid the prompt handling of an investigation by Human Resources or the Legal Department.
- Carry out all corrective measures and remediation established in the final decision.
- Hold management and employees accountable for all aspects of this policy.