English Application

Sexual harassment can occur in a variety of circumstances, including but not limited to the following:

1. The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex.
2. The harasser can be the victim’s supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee.
3. The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.
4. Unlawful sexual harassment may occur without economic injury to or discharge of the victim.
5. The harasser’s conduct must be unwelcome.

It is helpful for the victim to inform the harasser directly that the conduct is unwelcome and must stop. The victim should use any employer complaint mechanism or grievance system available.
To determine if an action is considered harassment, it must be viewed as such by the people that it affected, not by the ones responsible for it. An employee may not have seen or even meant their words or actions to be harassing in nature, but if the victim felt uncomfortable or insulted, then it would be classified as harassment. Some of the most common forms of unwelcome behavior are:

1. Jokes that are sexual in nature
2. Lewd comments about sex
3. Offensive emails or instant messages
4. Playing suggestive music
5. Inappropriate written material such as love notes

Accepting conduct is not the same as welcoming it. A person is not welcoming a conversation or action just because they fail to say anything. They may even participate in the conversation but they feel offended by what someone in the group is saying. Furthermore, just because a person likes someone today doesn’t mean that they will welcome it tomorrow. For example, if two employees are dating by mutual consent but then break up, what was acceptable a week ago may not be unwelcome.

In the event there is any dispute between Employer and I relating to or arising out of or relating to my employment or the termination of my employment, which Employer and I are unable to resolve informally through direct discussion, regardless of the kind or type of dispute, Employer and I agree to submit all such claims or disputes to be resolved by final and binding arbitration in accordance with the National Rules for the Resolution of Employment Disputes of the American Arbitration Association within the state of employment. Said disputes may include but are not limited to claims for or under: breach of contract, fraud, misrepresentation, defamation, personal injury, wages, salary, wrongful termination, vacation pay, sick pay, overtime pay, the Federal Labor Standards Act and comparable state laws, the Civil Rights Act of 1964, as amended, 42 U.S.C. section 1981, the Americans with Disabilities Act, laws that prohibit discrimination based on religion, sex, age, color, nationality, physical impairment, disability, medical condition, marital status, or other basis, the Family and Medical Leave Act, the Employee Retirement Income Security Act (ERISA), and state laws regarding unfair competition or unfair business practices..
Any such claims must be submitted on an individual basis only and I hereby waive the right to bring or join any type of collective or class claim in arbitration, in any court, or in any other forum. This class/collective action waiver does not apply to claims brought under the National Labor Relations Act (NLRA). I may challenge the enforceability of this class/collective action waiver under the NLRA or in any other forum, and Employer agrees that it will not retaliate against me or any employee who challenges the enforceability of this waiver; however, Employer reserves all rights to seek to fully enforce the waiver and compel arbitration on an individual basis. Consolidation of claims absent consent of all the parties to the dispute is also prohibited. Any claims must be filed within the statute of limitations applicable to filing such claim in court or in an administrative proceeding. All remedies available through a court or administrative action are available through arbitration. Either party to this agreement may be represented by counsel at any arbitration proceeding and either party retains the right to seek injunctive relief in aid of arbitration.

I consent to a pre-employment test to detect the use of illegal or controlled substances, alcohol, or prescription medication without a prescription. I consent to provide a specimen of my urine and/or blood or hair as may be requested in conformity with Selective Staffing policies and procedures. I certify that urine submitted for such a drug screen will be my own. I understand that I have a right to receive a copy of this authorization.

I understand that Selective Staffing may require a post-accident screening to test for illegal drugs or controlled substances, alcohol, or prescription medication without a prescription when a work-related accident is reported, in accordance with Selective Staffing’s policy, and I consent to such a drug screening.

I consent to the release of drug screen results to Selective Staffing also authorize any physician, hospital or clinic who may have examined me previously for drug or substance abuse to release to Selective Staffing a complete record of the findings, results or opinions.

I understand and agree that the results of my drug screens may be used in determining my employment eligibility. If I refuse to sign this consent, fail to take a pre-employment or accident-related drug screen, or fail any portion of the test, I will not be considered for employment, or if employed, I will be terminated.

I understand and agree that Selective Staffing may release the results of my pre-employment and/or post-accident drug screens to the State Unemployment Department if a claim for unemployment insurance is filed by me or on my behalf.

I agree to hold all parties harmless and not to sue in connection with any aspect of drug screen testing or its effect on my employment status. I understand that if I have any questions about the meaning of the provisions in this authorization and consent or the drug screens, they will be answered on request.