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Southwest Care Center is committed to providing a professional work environment free from unlawful discrimination, harassment, and retaliation.

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The Organization prohibits discrimination or harassment against applicants, team members, licensed providers, contractors, interns, volunteers, or third parties on the basis of any characteristic protected by applicable federal, New Mexico, or local law.

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Protected characteristics include, but are not limited to:

• Race

• Color

• Religion or creed

• National origin

• Ancestry

• Citizenship status

• Age (40 years and over)

• Sex

• Pregnancy, childbirth, lactation, or related medical conditions

• Gender identity or expression (including transgender status)

• Sexual orientation

• Marital status

• Spousal affiliation (as defined by New Mexico law)

• Military service or veteran status

• Physical or mental disability

• Serious medical condition (as defined under New Mexico law)

• Genetic information

• Any other status protected by law

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This policy applies to all employment-related decisions and workplace conduct, including recruitment, hiring, promotion, discipline, compensation, termination, access to facilities, and all other terms and conditions of employment.

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Nothing in this policy alters the at-will employment relationship or creates a contract of employment.

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1. Scope

This policy applies to:

• Conduct occurring on Organization premises

• Off-site work locations

• Work-related travel

• Organization-sponsored events

• Electronic communications and work-related social media interactions

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In a healthcare environment, this policy also applies to interactions involving patients, visitors, vendors, and contractors.

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2. Prohibited Harassment Defined

Harassment under this policy is defined as unwelcome conduct based on a protected characteristic that:

• Is sufficiently severe or pervasive to create a work environment that a reasonable person would consider intimidating, hostile, or abusive; or

• Results in an adverse employment action.

 

Harassment may include verbal, visual, written, electronic, or physical conduct.

 

Examples include, but are not limited to:

• Derogatory slurs or epithets

• Offensive jokes or ridicule

• Display of offensive materials

• Threatening or intimidating behavior

• Unwanted physical contact

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Isolated incidents, petty slights, or minor annoyances may not rise to the level of unlawful harassment; however, Southwest Care Center expects professional conduct at all times.

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The Organization reserves the right to address inappropriate workplace behavior even if it does not meet the legal definition of unlawful harassment.

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3. Sexual Harassment

Sexual harassment is a form of prohibited harassment and includes unwelcome sexual advances, requests for sexual favors, or other conduct of a sexual nature when:

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1. Submission to such conduct is made explicitly or implicitly a term or condition of employment;

2. Submission to or rejection of such conduct is used as the basis for employment decisions; or

3. The conduct is sufficiently severe or pervasive to create a hostile or offensive work environment.

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Sexual harassment may occur between individuals of any gender and does not require economic injury to be unlawful.

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Examples may include:

• Unwelcome touching

• Sexual propositions

• Sexually explicit communications

• Repeated unwanted invitations

• Comments about an individual’s body

• Conduct targeted at an individual based on gender identity or sexual orientation

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4. Third-Party and Patient Conduct

In a healthcare setting, harassment may originate from patients, visitors, or vendors.

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Southwest Care Center will take appropriate corrective action when team members report harassment by third parties. Such action will be consistent with:

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• Patient rights obligations

• Clinical judgment

• Continuity-of-care requirements

• Nondiscrimination laws

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The Organization retains discretion to determine appropriate remedial measures under the circumstances.

 

5. Reporting Procedures

Individuals who believe they have experienced or witnessed conduct that may violate this policy are encouraged to report the matter promptly.

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Reports may be made to:

• A Human Resources Representative

• The Vice President of Human Resources

• The Director of Quality, Compliance, and Risk

• Any member of management

• The SCC Incident Reporting Portal

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If the complaint involves one of the individuals listed above, the report may be made to another member of leadership.

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Reports should be made as soon as practicable to allow timely review.

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Failure to report conduct promptly may limit the Organization’s ability to investigate and respond effectively.

 

6. Investigation Process

Upon receipt of a report, Southwest Care Center will conduct a prompt, thorough, and impartial investigation appropriate to the circumstances.

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The Organization:

• Does not guarantee a particular investigative process

• Does not guarantee a specific outcome

• Retains discretion regarding investigative steps

• May implement interim measures where appropriate

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Confidentiality will be maintained to the extent reasonably possible, consistent with conducting a fair investigation and meeting legal obligations.

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All team members are expected to cooperate fully.

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7. Corrective Action

If the Organization determines, after a good-faith investigation, that this policy has been violated, appropriate corrective action will be taken.

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Corrective action may include:

• Coaching

• Written warning

• Suspension

• Termination

• Removal of privileges

• Termination of contractual relationships

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Disciplinary decisions are made at the sole discretion of the Organization based on the facts and circumstances of each case.

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8. Non-Retaliation

Southwest Care Center strictly prohibits retaliation against any individual who, in good faith:

• Reports discrimination or harassment

• Participates in an investigation

• Opposes conduct reasonably believed to be unlawful

• Exercises rights under federal or New Mexico law

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Retaliation includes materially adverse actions that might dissuade a reasonable person from making or supporting a complaint.

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Individuals who believe they have experienced retaliation should report it immediately through the reporting channels listed above.

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9. Policy Administration and Interpretation

This policy will be interpreted consistent with applicable federal and New Mexico law. If any portion of this policy is found to be inconsistent with law, the Organization will comply with governing legal requirements.

The Organization reserves the right to modify this policy at any time.