The James Beard
Foundation’s (the “Foundation”) policy is to operate within the letter and
spirit of all applicable laws and regulations.
The
Foundation’s mission is "to celebrate, support, and elevate the people
behind America's food culture and champion a standard of good food anchored in
talent, equity, and sustainability." The Foundation provides this Code of
Conduct for Program and Event Participants for guidance in recognizing and
resolving properly the ethical and business issues that may be encountered in
carrying out the Foundation’s mission.
The Foundation
reserves the right, in its sole discretion, to take action when it receives
reports or allegations concerning violations of this Code of Conduct, criminal
or unethical behavior or other conduct determined to be detrimental or contrary
to the mission, integrity and fair perception of the Foundation or its programs
or events. Such action may include, in the Foundation’s sole discretion,
removing, disqualifying or terminating a participant from the Foundation’s
programs or events.
Any program or
event participant (“Covered Persons”) who has a question about a potential
violation of law or the interpretation of this policy should contact the CEO of
the Foundation by email at creichenbach@jamesbeard.org, anyone
in management with whom he or she is comfortable, or any member of the Board of
Trustees.
COOPERATION
The Foundation
is committed to quickly and effectively resolving issues that are brought to
our attention. From time to time it becomes necessary to conduct investigations
into these alleged issues. We ask that all Covered Persons cooperate fully in
these investigations and maintain the utmost confidentiality.
EQUAL
OPPORTUNITY
The Foundation
prohibits discrimination because of the individual’s race, color, ethnicity,
sex, religion, creed, national origin, citizenship, age, sexual orientation,
actual or perceived mental or physical disability, gender identity or
expression, marital status, partnership status, genetic predisposition or
carrier status, military status, caregiver status or any other characteristic
protected by law. This policy applies to all Foundation programs and
activities, including but not limited to, recruitment, hiring, compensation,
training, education, social and recreational programs, promotion, discipline
and discharge.
POLICY
AGAINST HARASSMENT
All Covered Persons are strictly prohibited from harassing employees, Trustees,
independent contractors, interns and other Covered Persons based on any
protected classification, race, color, ethnicity, sex (whether or not of a
sexual nature), religion, creed, national origin, citizenship status, age,
sexual orientation, actual or perceived mental or physical disability, gender
identity or expression, marital status, partnership status, genetic
predisposition or carrier status, military status, caregiver status or any
other characteristic protected by law.
Harassment is
not limited to the Foundation’s premises. It can occur while Covered Persons
are at Foundation sponsored events or parties. Calls, texts, emails, and social
media usage by Covered Persons can constitute harassment, even if they occur
away from the Foundation’s premises, on personal devices.
SEXUAL
HARASSMENT
Sexual
harassment is a form of sex discrimination and is unlawful under federal,
state, and (where applicable) local law. Sexual harassment includes harassment
on the basis of sex, sexual orientation, self-identified or perceived sex,
gender expression, gender identity and the status of being transgender.
Sexual
harassment includes unwelcome conduct which is either of a sexual nature, or
which is directed at an individual because of that individual’s sex when:
- Such
conduct has the purpose or effect of unreasonably interfering with an
individual’s work performance or creating an intimidating, hostile or
offensive work environment, even if the reporting individual is not the
intended target of the sexual harassment;
- Such
conduct is made either explicitly or implicitly a term or condition of
employment; or
- Submission
to or rejection of such conduct is used as the basis for employment
decisions affecting an individual’s employment.
The following
describes some of the types of acts that may be unlawful sexual harassment and
that are strictly prohibited:
- Unwelcome
sexual flirtations, advances or propositions
- Inappropriate
touching of an individual’s body, such as touching, pinching, patting,
kissing, hugging, grabbing, brushing against another employee’s body or
poking another employee’s body or rape, sexual battery, molestation or
attempts to commit these assaults
- Graphic
verbal comments about an individual’s body or appearance
- Sexually
oriented gestures, noises, remarks or jokes, or comments about a person’s
sexuality
- Sexually
degrading words used to describe an individual
- Sexual
or discriminatory displays or publications anywhere in the workplace, such
as displaying pictures, posters, calendars, graffiti, objects, promotional
material, reading materials or other materials that are sexually demeaning
or pornographic. This includes such sexual displays on workplace computers
or cell phones and sharing such displays while in the workplace
- Sex
stereotyping
- Hostile
actions taken against an individual because of that individual’s sex,
sexual orientation, gender identity and the status of being transgender,
such as bullying, yelling, name-calling
PROTECTED CLASS HARASSMENT
Harassment on
the basis of any protected characteristic is also strictly prohibited. It is
the policy of The Foundation to maintain an environment that is free from
harassment on the basis of any protected classification, race, color,
ethnicity, sex (whether or not of a sexual nature), religion, creed, national
origin, citizenship status, age, sexual orientation, actual or perceived mental
or physical disability, gender identity or expression, marital status,
partnership status, genetic predisposition or carrier status, military status,
caregiver status or any other characteristic protected by law.
Such harassment
includes verbal or physical conduct that denigrates or shows hostility or
aversion towards a protected group or against an individual because of
membership in such a group, or that of his/her relatives, friends or
associates, and that:
- has
the purpose or effect of creating an intimidating, hostile or offensive
working environment;
- has
the purpose or effect of unreasonably interfering with an individual’s
work performance; or
- otherwise
adversely affects an individual’s employment opportunities.
Harassing
conduct is prohibited. Although it is not possible to list all examples of
conduct which constitutes protected class harassment, the following are some
examples of conduct which, if unwelcome, may constitute harassment depending
upon the totality of the circumstances, including the severity of the conduct
and its pervasiveness:
- Use
of epithets, slurs, negative stereotyping, or threatening, intimidating or
hostile acts that relate to any characteristic protected by applicable law
- Displaying
or circulating written or graphic material that denigrates or shows
hostility or aversion toward an individual or group because of a
particular characteristic protected by applicable law
- Use
of derogatory words, phrases, jokes, or negative stereotyping
- Sending
e-mail or voicemail messages containing derogatory statements regarding a
particular ethnic group, race, religion or other legally protected status
- Demonstrations
of a racial or ethnic nature such as a use of gestures, pictures or
drawings which would offend a particular protected individual or group
- Comments
about an individual’s skin color or other racial/ethnic characteristics
- Making
disparaging remarks about an individual’s gender that are not sexual in
nature
- Negative
comments about an employee’s religious beliefs (or lack of religious
beliefs)
- Expressing
negative stereotypes regarding an employee’s birthplace or ancestry
- Negative
comments regarding an employee’s age
- Derogatory
or intimidating references to an employee’s mental or physical impairment
Harassment does
not require an intent to offend. Thus, inappropriate conduct meant as a joke, a
prank, or even a compliment can lead or contribute to harassment.
NO RETALIATION
Covered Persons
may raise concerns and make reports of discrimination or harassment without
fear of reprisal. No individual shall be intimidated, threatened, coerced, or
discriminated against for reporting a claim of harassment, furnishing
information with regard to a complaint, or for participating in any manner in
an investigation or compliance review.
Threats or acts
of retaliation against individuals who report inappropriate conduct pursuant to
these policies or provide information in connection with a report by another
individual will not be tolerated. In the event a Covered Person believes that
he or she has been retaliated against for such action, he or she should use the
above procedures to report the pertinent facts promptly. The Foundation will
investigate and take appropriate action in the manner described above.
REPORTING VIOLATIONS OF EQUAL OPPORTUNITY AND HARASSMENT
POLICIES
If a Covered
Person believes that he or she or another individual has been subjected to any
discriminatory, harassing or retaliatory conduct of the type described in the
above policies, he or she is expected to report the relevant facts promptly.
Covered Persons should direct such reports to the Chief Executive Officer,
Chief Financial Officer, or, if the complaint involves the Chief Executive
Officer or a Trustee, the Chairperson of the Board of Trustees (the “Board”) or
the Chairperson of the Governance Committee of the Board (the “Governance
Committee”). Covered Persons should choose from this list whomever they feel
most comfortable contacting under the circumstances. The conduct should be
reported regardless of the offender’s position at the Foundation and should
also be reported even if the offender is not employed at the Foundation (for
example, a Trustee, vendor, service provider, event participant, program
participant, volunteer, guest, or other Covered Persons). Reports may be made
orally or in writing. A form for submission of a written complaint of sexual
harassment is attached to this Code, and all Covered Persons are encouraged to
use this complaint form. All supervisors, managers and Trustees who receive a
complaint or information about suspected discrimination or harassment, observe
what may be discriminatory or harassing behavior or for any reason suspect that
discrimination or harassment is occurring, are required to report
such suspected sexual harassment to the Chief Executive Officer, or, if the
complaint involves the Chief Executive Officer or a Trustee, the Chairperson of
the Board or Chairperson of the Governance Committee.
In addition to
the process at the Foundation, Covered Persons may also choose to pursue any
external legal remedies that may be available to them (for example, with the
New York State Division of Human Rights, the United States Equal Employment
Opportunity Commission (EEOC) or the New York City Commission on Human Rights,
if applicable). If the harassment involves unwanted physical touching, coerced
physical confinement or coerced sex acts, the conduct may constitute a crime
and local police may be contacted.
COMPLAINT AND INVESTIGATION PROCEDURES
Prompt
reporting is very important so that the Foundation or its Board can take action
to stop the conduct before it is repeated. All reports will be followed up
promptly, with further investigation conducted where needed to confirm facts or
resolve disputed facts. The investigation will be kept confidential to the
extent possible. All persons involved, including complainants, witnesses and
alleged harassers will be accorded due process to protect their rights to a
fair and impartial investigation.
While the
process may vary from case to case, investigations will generally involve:
- Requesting
and reviewing all relevant documents, including all electronic
communications.
- Interviewing
all parties involved, including any relevant witnesses; and
- Promptly
notifying the individual who reported and the individual(s) about whom the
complaint was made of the final determination.
If after
investigating any complaint of harassment or unlawful discrimination, The
Foundation or the Board determines that the claimant has provided false
information regarding a complaint, disciplinary action may be taken against the
individual who gave the false information.
Disciplinary
action will be taken against Covered Persons found to have violated the above
policies. Individuals who violate these policies may also be subject to
personal legal and financial liability under applicable law.
CLEAN AIR POLICY
Smoking is not
permitted in any space occupied by The James Beard Foundation at any location.
All Covered Persons are expected to comply with these smoking regulations.
ANTI-VIOLENCE POLICY
The Foundation
has a zero-tolerance policy toward violence at its programs and events. An act
of violence includes but is not limited to actual, threatened or attempted
violence toward an individual or to property. We expect all Covered Persons to
participate in the Foundation’s programs or events without violence toward any
other individual and without possessing weapons. All acts of violence will be
investigated and appropriate action will be taken.
DRUG-FREE ENVIRONMENT
The Foundation
intends to comply with all state and federal laws relating to the use/abuse of
narcotics and other illegal drugs. The Foundation will not tolerate the
purchase, sale, use, transfer, or possession of illegal drugs, narcotics,
contraband, or other related paraphernalia on the Foundation’s premises.
Individuals who
the Foundation reasonably believes to be under the influence of illegal drugs
on the Foundation premises or while participating in Foundation programs or
events may be removed.
GAMBLING
All forms of
gambling are prohibited on the Foundation’s premises and at the Foundation’s
programs or events off premises.
WHISTLEBLOWER POLICY
The Foundation
requires Covered Persons to observe the highest standards of business and
personal ethics in the conduct of their duties and responsibilities. As
representatives of the Foundation, we must practice honesty and integrity in
fulfilling our responsibilities and must comply with all applicable laws,
regulations and corporate policies of the Foundation. In this spirit, the
Foundation encourages Covered Persons to identify any instances in which these
standards may be compromised.
This
Whistleblower Policy (the “Policy”) has been established to provide a means for
Covered Persons to raise good faith concerns about behavior by the Foundation’s
directors, officers, employees and volunteers and other Covered Persons that is
or appears to be illegal, fraudulent, dishonest, unethical or in violation of
any adopted policy of the Foundation (a “Suspected Violation”). A
“Whistleblower” is the Covered Persons reporting such Suspected Violation
pursuant to this Policy.
Procedure
for Reporting Suspected Violations
Any person may report a Suspected Violation, either in written or oral form.
The complaint submitted by the Whistleblower should include whatever
documentation is available to support a reasonable basis for the allegation(s)
and to assist in investigating the complaint.
Complaints of
Suspected Violations may be made anonymously. Anonymous complaints should be
detailed to the greatest extent possible because follow up questions will not
be possible, making the investigation and resolution of such complaints
difficult.
A Whistleblower
should direct all reports, either in written or oral form, to the CEO. If the
CEO is the subject of the Suspected Violation or a Whistleblower is not
comfortable reporting a complaint concerning a Suspected Violation to the CEO
or is unsatisfied with the response, the Whistleblower is encouraged to instead
speak with anyone in management with whom he or she is comfortable. In such
case, the manager to whom such Suspected Violation is reported shall in turn
report such Suspected Violation to the CEO, unless the CEO is the subject of
the complaint, in which case the manager shall submit the report to the Audit
Committee. If the CEO is the subject of the complaint, the Audit Committee
shall designate someone to act in the place of the CEO and all references to
the CEO in this Policy with respect to such complaint shall be applicable to
such designee. Such report shall include a statement as to whether such
Suspected Violation was reported first to the CEO; if it was not, the report
shall indicate why the Suspected Violation was not reported to the CEO.
Although the
Whistleblower is not expected to prove the truth of the allegation(s) asserted
in the complaint, she or he must demonstrate reasonable grounds for concern. No
investigation will be made of unspecified wrongdoing or broad allegations. The
Whistleblower is not responsible for investigating the activity or for
determining fault or corrective measures.
Confidentiality
Any investigation will be conducted in a manner that conceals and protects the
Whistleblower's identity to the greatest extent practicable given legal
requirements, consistent with the need to conduct a fair and adequate
investigation and take necessary corrective action.
Procedure
for Handling of Reported Violations
Unless the complaint is submitted anonymously or there are overriding legal or
public interest concerns, the Whistleblower will be provided with an
acknowledgement of receipt of his or her complaint within ten business days.
All complaints will be promptly investigated by or under the direction of the
CEO, and appropriate corrective action will be taken if warranted by the
investigation. The CEO may resolve any complaint without consulting others,
discuss such complaint with the Audit Committee, any other Board committees or
the Board of Trustees before taking action or refer the matter to the Audit
Committee or the Board of Trustees for action, depending on the CEO’s
determination of the seriousness or severity of the complaint.
The CEO shall
provide to the Audit Committee on at least a quarterly basis a written report
identifying all complaints reported under this Policy during the preceding
quarter or indicating that no such complaints were reported. The CEO is
required to report to the full Board of Trustees at least annually regarding
such complaints. Records of all complaints shall be maintained in accordance
with the Foundation’s document retention policy.
Following
investigation, the Foundation will take appropriate remedial and disciplinary
action as it deems justified by the circumstances, including, but not limited
to, terminating employment, board membership or volunteer status, seeking
restitution, removal from office, or criminal prosecution.
Acting in
Good Faith
Anyone filing a complaint concerning a Suspected Violation must act in good
faith and have reasonable grounds for believing the information disclosed may
indicate a Suspected Violation. Any allegations that prove not to be
substantiated and which prove to have been made maliciously or knowing them to
be false will be viewed as a serious disciplinary offense.
No
Retaliation
No Covered Person who in good faith reports any Suspected Violation (whether
reported to the Foundation, its agents or its auditors or to any law
enforcement officials, government or regulatory agency), or who cooperates with
an investigation of a complaint (whether conducted by the Foundation, its
agents or its auditors or by any law enforcement officials, government or
regulatory agency), shall suffer intimidation, harassment, discrimination, or
other retaliation. Any person who retaliates against someone who has reported a
Suspected Violation in good faith is subject to appropriate discipline and
corrective action, up to and including termination of employment in the case of
an employee
A
Whistleblower's right to protection under this Policy does not provide him or
her with immunity for participating or being complicit in the Suspected
Violation that is the subject of the complaint or ensuing investigations.
Any questions,
concerns or suggestions regarding this Policy also should be addressed directly
to the CEO.
Foundation
Contacts For Reporting
Effective:
May 6, 2021
Disclaimer:
The James Beard Foundation does not affiliate with any partisan and/or
religious groups, activities, and/or ideologies. Partisan and/or religious
views of participants in any of our programs, including the James Beard Awards,
do not reflect the views of the James Beard Foundation.