Protocol for the prevention of sexual harassment and reason of sex
PROTOCOL FOR THE PREVENTION AND ACTION AGAINST SEXUAL HARASSMENT AND GENDER-BASED HARASSMENT IN THE COMPANY INSTITUTO DE FERTILIDAD CLÍNICA RINCÓN, S.L.
INDEX
2.1. Preventive protection against harassment
2.1.1. Declaration of principles: Zero Tolerance for behaviors constituting sexual harassment and/or gender-based harassment
2.1.2. Concept and behaviors constituting sexual harassment and gender-based harassment
2.1.2.1. Definition and behaviors constituting sexual harassment
2.1.2.2. Definition and behaviors constituting gender-based harassment
2.2. The procedure of action
2.2.1. Filing a complaint, activation of the protocol, and processing of the administrative file
2.2.2. Resolution of the harassment file
2.2.3. Follow-up
1
COMMITMENT OF INSTITUTO DE FERTILIDAD CLÍNICA RINCÓN, S.L. IN THE MANAGEMENT OF SEXUAL HARASSMENT AND/OR GENDER-BASED HARASSMENT
With this protocol, INSTITUTO DE FERTILIDAD CLÍNICA RINCÓN, S.L. expresses its zero tolerance for any behavior constituting sexual harassment or gender-based harassment throughout its organization.
By adopting this protocol, INSTITUTO DE FERTILIDAD CLÍNICA RINCÓN, S.L. wants to emphasize its commitment to the prevention and action against sexual harassment and gender-based harassment in any of its forms, informing all personnel providing services within its organization, whether its own staff or from other companies, including those who, without an employment relationship, provide services or collaborate with the organization, such as trainees, those performing non-labor practices, or volunteers.
Additionally, INSTITUTO DE FERTILIDAD CLÍNICA RINCÓN, S.L. undertakes to communicate the existence of this protocol, with an indication of the need for its strict compliance, to companies to which it transfers its own personnel, as well as to companies from which personnel working at INSTITUTO DE FERTILIDAD CLÍNICA RINCÓN, S.L. originate. Thus, the obligation to comply with the provisions of this protocol will be included in contracts signed with other companies.
When the alleged harasser is outside the company's management control, and therefore, INSTITUTO DE FERTILIDAD CLÍNICA RINCÓN, S.L. cannot fully apply the procedure, it will contact the relevant company to solve the issue and, if necessary, sanction the responsible person, warning them that, if they fail to do so, the business relationship between both companies may be terminated.
The protocol will apply to situations of sexual harassment or gender-based harassment that occur during work, in relation to work, or as a result of it:
- in the workplace, including public and private spaces when they are a workplace;
- in places where the worker is paid, where they take rest, eat, or use sanitary facilities or locker rooms;
- during work-related travel, events, or social or training activities;
- within work-related communications, including those made via information and communication technologies (virtual harassment or cyberbullying);
- in employer-provided accommodation;
- on commutes between home and the workplace.
This protocol complies with the requirements of articles 46.2 and 48 of Organic Law 3/2007, of March 22, for the effective equality of women and men, RD 901/2020 of October 13, regulating equality plans and their registration, and amends Royal Decree 713/2010 of May 28 on the registration and deposit of collective agreements, and article 14 of Law 31/1995, of November 8, on occupational risk prevention.
Indeed, INSTITUTO DE FERTILIDAD CLÍNICA RINCÓN, S.L., by committing to the measures in this protocol, clearly expresses its proactive stance on preventing harassment—through awareness and information about behaviors not tolerated by the company—as well as disseminating best practices and implementing all necessary measures to manage complaints and grievances that may arise, and to resolve them appropriately in each case.
Rincón de La Victoria, February 21, 2023
Esther Jiménez Pastor
2
CHARACTERISTICS AND STAGES OF THE PROTOCOL FOR THE PREVENTION AND ACTION AGAINST SEXUAL HARASSMENT AND/OR GENDER-BASED HARASSMENT
In order to fulfill the commitment set forth at the beginning of this protocol and as stated so far, INSTITUTO DE FERTILIDAD CLÍNICA RINCÓN, S.L. implements a procedure for the prevention and action against sexual harassment and gender-based harassment, which has been negotiated and agreed upon with the Legal Representation of the Workers (include when applicable), with the intention of establishing a mechanism that outlines how to act comprehensively and effectively in the face of any behavior that may constitute sexual harassment or gender-based harassment. To achieve this, this protocol incorporates the three types of measures established in section 7 of the Annex of RD 901/2020, of October 13:
Preventive measures, including a declaration of principles, definition of sexual harassment and gender-based harassment, and identification of behaviors that could constitute harassment.
Proactive or procedural measures to address harassment, allowing complaints or reports to be filed, and applicable precautionary and/or corrective measures.
Identification of reactive measures against harassment and, where appropriate, the disciplinary regime.
2.1.PREVENTIVE PROTECTION AGAINST HARASSMENT
2.1.1. Declaration of principles: Zero Tolerance for behaviors constituting sexual harassment and gender-based harassment
INSTITUTO DE FERTILIDAD CLÍNICA RINCÓN, S.L. formalizes the following declaration of principles, emphasizing how relationships between company personnel should be and the behaviors that are not tolerated within the organization.
This procedure applies to any behavior constituting sexual harassment or gender-based harassment that may occur within INSTITUTO DE FERTILIDAD CLÍNICA RINCÓN, S.L.
By implementing this procedure, INSTITUTO DE FERTILIDAD CLÍNICA RINCÓN, S.L. commits to preventing, not tolerating, combating, and prosecuting any manifestation of sexual harassment or gender-based harassment within its organization.
Harassment is, by definition, a multi-offensive act that affects various legal interests, primarily the dignity of the worker as a manifestation of the right to life and physical, mental, and moral integrity. While harassment affects dignity, it may also harm other legal interests such as equality, non-discrimination, honor, self-image, privacy, and health, but it will always, by definition, be contrary to dignity. Sexual harassment and gender-based harassment always affect the dignity of the victim and constitute gender-based discrimination.
Within INSTITUTO DE FERTILIDAD CLÍNICA RINCÓN, S.L., no conduct that may constitute sexual harassment or gender-based harassment in any of its manifestations will be allowed or tolerated. The company will sanction both those who engage in offensive conduct and those who promote, encourage, and/or tolerate it. All company personnel are obligated to respect the fundamental rights of everyone within INSTITUTO DE FERTILIDAD CLÍNICA RINCÓN, S.L., as well as those who provide services within it, and must refrain from engaging in behaviors that violate dignity, privacy, and the principle of equality and non-discrimination, while always promoting respectful conduct.
Nevertheless, if any worker believes they are being harassed or are aware of a situation of sexual harassment or gender-based harassment, they will have the opportunity to file a complaint or report, activating this protocol as an internal, confidential, and swift procedure aimed at eradicating the issue and addressing its effects.
Once the relevant investigative file has been processed, if sexual harassment or gender-based harassment is confirmed, INSTITUTO DE FERTILIDAD CLÍNICA RINCÓN, S.L. will sanction those responsible and commit to using all its managerial and disciplinary power to ensure a work environment free from violence, sexist and gender-based discriminatory behavior, and in compliance with safety and health principles at work.
2.1.2 Definition and behaviors constituting sexual harassment and gender-based harassment
2.1.2.1. Definition and behaviors constituting sexual harassment
Definition of sexual harassment
Without prejudice to what is established in the Penal Code, for the purposes of this protocol, sexual harassment is any verbal or physical behavior of a sexual nature that is intended to or results in undermining the dignity of a person, particularly when it creates an intimidating, degrading, or offensive environment.
All sexual harassment will be considered discriminatory.
The conditioning of a right or an expectation of a right to the acceptance of a situation constituting sexual harassment will also be considered an act of gender-based discrimination.
By way of example and without being exhaustive, the following behaviors may constitute sexual harassment:
Verbal conduct:
- Sexual insinuations, propositions, or pressure for sexual activity;
- Offensive flirting;
- Suggestive comments, innuendos, or obscene remarks;
- Unwanted phone calls or social media contacts.
- Jokes or comments about sexual appearance.
Non-verbal conduct:
- Displaying sexually suggestive or pornographic photos, objects, or writings, indecent looks, gestures.
- Offensive emails or social media messages with clear sexual content.
Physical conduct:
- Deliberate and unsolicited physical contact, unwanted hugs or kisses, excessive and unnecessary physical proximity.
- "Quid pro quo" sexual harassment or sexual blackmail.
Among the behaviors constituting sexual harassment, "quid pro quo" sexual harassment or sexual blackmail involves forcing the victim to choose between submitting to sexual demands or losing or seeing certain work benefits or conditions negatively affected, such as access to professional training, continued employment, promotion, remuneration, or any other work-related decision. As this involves an abuse of authority, the harasser will be someone who has the power, directly or indirectly, to grant or withdraw a work benefit or condition.
Environmental sexual harassment
In this type of sexual harassment, the harasser creates an intimidating, hostile, degrading, humiliating, or offensive environment for the victim due to unwanted sexual attitudes and behaviors. This can be perpetrated by any company member, regardless of their position or status, or by third parties located in the work environment.
2.1.2.2.- Definition and behaviors constituting gender-based harassment
Definition of gender-based harassment
Gender-based harassment is any behavior based on a person's gender with the intent or effect of undermining their dignity and creating an intimidating, degrading, or offensive environment.
All gender-based harassment will be considered discriminatory.
To determine whether a specific situation constitutes gender-based harassment, the following common elements must be present:
- Harassment, understood as any intimidating, degrading, humiliating, and offensive behavior that originates externally and is perceived as such by the victim.
- Objective harm to the victim's dignity, subjectively perceived by the victim.
- Multi-offensive result. The attack on the victim's dignity does not preclude damage to other fundamental rights, such as the right not to suffer discrimination, harm to mental and physical health, etc.
- The behavior must not be an isolated incident.
- The reason for the behavior must be related to being a woman or to circumstances that biologically only affect women (pregnancy, motherhood, breastfeeding) or are related to reproductive and caregiving functions, which, due to social discrimination, are presumed to be inherent to women. In this sense, men can also experience gender-based harassment when performing roles or activities traditionally associated with women, for example, a male worker being harassed for caring for children or dependents.
The conditioning of a right or an expectation of a right to the acceptance of a situation constituting gender-based harassment will also be considered an act of gender-based discrimination.
Behaviors constituting gender-based harassment
By way of example and without being exhaustive, the following behaviors may, if fulfilling the conditions stated above, constitute gender-based harassment in the workplace when occurring repeatedly.
Attacks through organizational measures
- Offensively judging the person's performance, downplaying their efforts and skills.
- Questioning and discrediting the person's decisions.
- Failing to assign tasks or assigning meaningless or degrading tasks.
- Denying or withholding the resources needed to do the job or providing incorrect information.
- Assigning work that is far above or below the person's skills or qualifications, or that requires far less qualification than the person has.
- Issuing contradictory or impossible-to-comply-with orders.
- Theft of personal belongings, documents, work tools, deleting computer files, manipulating work tools to cause harm, etc.
- Threats or pressure on those who support the victim.
- Manipulation, concealment, or withholding of correspondence, phone calls, messages, etc., from the person.
- Denial or difficulty in accessing permits, courses, activities, etc.
Actions aimed at isolating the recipient
- Moving the person's workspace away from coworkers (isolation).
- Ignoring the person's presence.
- Refusing to speak to the person.
- Restricting coworkers from speaking to the person.
- Not allowing the person to express themselves.
- Avoiding all eye contact.
- Restricting or eliminating communication channels available to the person (phone, email, etc.).
Actions affecting the victim's physical or mental health
- Threats and physical assaults.
- Verbal or written threats.
- Shouting and/or insults.
- Frightening phone calls.
- Provoking the person, forcing them to react emotionally.
- Intentionally causing expenses to harm the person.
- Causing damage to the workplace or personal belongings.
- Forcing the person to do dangerous work or work that is harmful to their health.
Attacks on private life and personal or professional reputation
- Manipulating personal or professional reputation through rumors, denigration, and ridicule.
- Implying that the person has psychological problems, attempting to subject them to a psychiatric examination or diagnosis.
- Mocking gestures, voice, physical appearance, disabilities, giving nicknames, etc.
- Criticism of nationality, political or religious beliefs, private life, etc.
2.2. THE ACTION PROCEDURE
The phases and maximum deadlines for carrying out the action procedure are as follows:
The procedure to be followed is as follows:
2.2.1 Filing a complaint, activation of the protocol, and processing of the administrative file
1st) The company appoints Esther Jiménez Pastor, MANAGER, as the instructor responsible for handling any complaint or report related to sexual harassment and/or gender-based harassment at work, investigating it, and monitoring it. In case of absence due to vacation, illness, or any other legal cause, Ángeles Ramírez Ortega, NURSING ASSISTANT, will act as a substitute. For the relevant purposes, all personnel providing services in the organization will be informed of this appointment, and it will be clearly and concisely communicated how such complaints or reports can be submitted to them.
2nd) Complaints cannot be anonymous and may be submitted by the person who feels harassed or by someone who has knowledge of the situation.
3rd) The email address for submitting complaints or reports of harassment, sexual harassment, and/or gender-based harassment is acoso@fertilidadclinicarincon.com. Only the person designated to handle the protocol will have access to the emails sent for these purposes.
4th) Complaints or reports may also be submitted in paper form in a sealed envelope. For this purpose, the mailbox for depositing such complaints or reports will be located at (INDICATE).
5th) Confidentiality must be guaranteed, regardless of how the complaints are processed. Once a complaint is received, the person responsible for processing it will assign a numerical code to each of the affected parties.
6th) Once received, within a maximum of 2 working days, the procedure for its processing will be activated. Any complaint, report, or claim made will be presumed truthful.
7th) The person instructing the complaint or report of harassment, Esther Jiménez Pastor, MANAGER, will conduct a quick and confidential investigation within 10 working days, during which she will hear the affected parties and witnesses and will request all necessary documentation, without prejudice to the provisions regarding personal data protection and confidential documentation. Individuals who are requested to participate must cooperate as diligently as possible.
In any case, impartiality will be ensured in the process, so if there is any kinship by blood or marriage with any of the affected parties, close friendship, clear enmity with those involved in the procedure, or direct or indirect interest in the specific process, the person must abstain from acting and inform the company to be replaced. If, despite the existence of these reasons, abstention does not occur, any of the affected parties may request the disqualification of the person.
8th) During the processing of the file, the victim will first be heard, followed by the accused person. Both involved parties may be assisted and accompanied by a person of their trust, whether or not they are legal or union representatives of the workers, who must maintain confidentiality regarding the information accessed.
9th) The procedure must be as agile and effective as possible and must protect, in any case, the privacy, confidentiality, and dignity of the affected parties, as well as the right of the accused to present their defense. Throughout the procedure, strict confidentiality will be maintained, and all internal investigations will be conducted with care and due respect for both the complainant and the victim, who must not receive unfavorable treatment due to this issue, as well as the accused person, whose guilt will not be presumed. All individuals involved in the process will be obligated to maintain confidentiality regarding all information accessed.
10th) During the processing of the file, based on the instructor's recommendation, the company's management will adopt the necessary precautionary measures to immediately stop the harassment situation, without such measures causing permanent and definitive harm to the working conditions of the individuals involved. In addition to other precautionary measures, INSTITUTO DE FERTILIDAD CLÍNICA RINCÓN, S.L. will separate the alleged harasser from the victim.
11th) Once the investigation is completed, the person who processed the file will prepare a report outlining the facts, testimonies, and evidence gathered, concluding whether, in their opinion, there are indications of sexual harassment or gender-based harassment.
If the evidence suggests the presence of harassment, the report's conclusions will urge the company to take appropriate disciplinary measures, including, in severe cases, proposing the dismissal of the aggressor.
If the evidence does not indicate harassment, the report will state that no sexual harassment or gender-based harassment can be found based on the evidence explicitly examined.
If, even in the absence of harassment, inappropriate behavior or a situation of conflict is found that, if continued over time, could lead to harassment, this will also be reported to the company's management, suggesting any necessary measures to resolve the situation.
12th) None of these actions will prevent the individuals involved from pursuing any legal, administrative, or other actions they deem appropriate.
2.2.2.- Resolution of the harassment file
INSTITUTO DE FERTILIDAD CLÍNICA RINCÓN, S.L.'s management, upon receiving the instructor's conclusions, will make the appropriate decisions within 3 working days, being the sole authority empowered to decide. The decision will be communicated in writing to the victim, the accused, and the instructor.
Additionally, the final decision of the file will also be communicated to the person responsible for occupational risk prevention. To ensure confidentiality, no personal data will be disclosed in this communication, and the numerical codes assigned to each party involved in the file will be used.
Based on the conclusions report prepared by the instructor, INSTITUTO DE FERTILIDAD CLÍNICA RINCÓN, S.L.'s management will proceed to:
- Archive the actions, documenting the decision.
- Take any measures deemed appropriate based on the recommendations made by the procedure's investigation commission. Examples of possible decisions include the following:
- Physically separate the alleged aggressor from the victim by changing their position and/or shift or schedule. Under no circumstances will the victim of harassment be forced to change their position, schedule, or location within the company.
- Without prejudice to the above, based on the investigation's results, the aggressor will be sanctioned according to the table of infractions and sanctions provided for in the collective bargaining agreement applicable to the company or, if necessary, in article 54 of the Workers' Statute.
The following sanctions will be considered when applying to the aggressor:
- Transfer, relocation, change of position, working hours, or location
- Suspension without pay
- Temporary limitation on promotions
- Disciplinary dismissal
If the aggressor is not dismissed, INSTITUTO DE FERTILIDAD CLÍNICA RINCÓN, S.L.'s management will actively monitor the worker when they return (in the case of a suspension) or in their new position (in the case of relocation). In any case, eradicating harassment will not end with merely changing the position or suspension; the company will be required to subsequently monitor and control the situation.
INSTITUTO DE FERTILIDAD CLÍNICA RINCÓN, S.L.'s management will adopt the necessary preventive measures to prevent the situation from recurring, strengthen training and awareness actions, and take actions to protect the victim's safety and health, including the following:
Psychosocial risk assessment within the company.
- Implementation of monitoring measures to protect the victim.
- Adoption of measures to prevent recurrences of sanctioned individuals.
- Psychological and social support for the victim of harassment.
- Modification of working conditions that, with the victim's prior consent, are deemed beneficial for their recovery.
- Training or retraining for the victim's professional updating if they have been on sick leave for an extended period.
- Implementation of new training and awareness actions for the prevention, detection, and action against sexual harassment and gender-based harassment, aimed at all employees providing services within the company.
2.2.3. Monitoring
Once the file is closed, and within a period not exceeding thirty calendar days, the person responsible for handling and investigating the complaint, Esther Jiménez Pastor, will be required to monitor the agreed-upon measures, that is, their compliance and/or the outcome of the adopted measures. The results of this follow-up will be recorded in a report, which will include recommendations for measures to be taken if the causes of the procedure continue and will also analyze whether the proposed preventive and disciplinary measures have been implemented, if applicable. This report will be sent to the company's management so that the necessary measures can be taken, as well as to the legal representation of the workers, if any, and to the person responsible for occupational risk prevention, while respecting confidentiality regarding the personal data of the affected parties.
3
DURATION, MANDATORY COMPLIANCE, AND EFFECTIVE DATE
The content of this protocol is mandatory, coming into effect upon its communication to the company's staff via https://rinconfertilidad.com/ and email[1], and remaining valid until February 21, 2025.
However, it will be necessary to review and adjust the protocol in the following cases.
- At any time during its validity in order to realign its objectives of prevention and action against sexual harassment and gender-based harassment.
- When it is found to be non-compliant with legal and regulatory requirements or insufficient as a result of actions by the Labor and Social Security Inspectorate.
- In cases of merger, acquisition, transfer, or modification of the company's legal status, and in any incident that substantially changes the company's workforce, work methods, or organization.
- When a judicial ruling condemns the company for gender or sexual discrimination or determines that the protocol does not comply with legal or regulatory requirements.
This procedure does not impede the victim's right to report at any time to the Labor and Social Security Inspectorate, as well as to the civil, labor, or criminal courts.
4
COMPLAINT OR REPORT FORM IN THE COMPANY (COMPANY NAME)
I. Person reporting the facts
c Person who has suffered harassment:
c Others (Specify):
II. Details of the person who suffered harassment
First name:
Last name:
ID number:
Position:
Type of contract/Employment relationship:
Phone:
Email:
Address for notifications:
III. Details of the aggressor
First and last name:
Group/professional category or position:
Workplace:
Company name:
IV. Description of the facts
Include a description of the reported facts, attaching numbered sheets as necessary, including dates when the events occurred, if possible:
V. Witnesses and/or evidence
If there are witnesses, provide their full name:
Attach any evidence you deem relevant (specify which):
VI. Request
This complaint or report of harassment (SPECIFY IF IT'S SEXUAL OR GENDER-BASED) against (IDENTIFY THE AGGRESSOR) is submitted, and the procedure outlined in the protocol is initiated:
Location and date:
Signature of the concerned person:
To the attention of the instructor of the complaint procedure for sexual and/or gender-based harassment at INSTITUTO DE FERTILIDAD CLÍNICA RINCÓN, S.L.
[1] This can be done via email, the company intranet, posted on the notice board, in writing, or any other appropriate means.