Anti-Harassment Policy

Alliance Coal, LLC and its affiliates (employer) wish to foster a respectful workplace environment that is free of harassing behavior. Harassment and similar intimidating conduct, not limited to sexual harassment, is prohibited. Prohibited harassment includes harassment based on gender (with or without sexual conduct), race, color, religion, national origin, age, disability, and protected activity (such as opposition to discrimination or participation in complaint proceedings).

Individuals Covered

This anti-harassment policy prohibits harassment by fellow employees, by a supervisor or manager, or by someone not directly connected to the employer (e.g., an outside vendor, consultant, or customer).

Definition of Harassment

Sexual Harassment

Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. In order for these actions to be considered harassment, one of the following situations is generally found:

  • An individual's submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment.
  • An individual's submission to or rejection of such conduct by an individual is used as the basis for an employment decision affecting such individual.
  • The conduct has the purpose or effect of reasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.

Examples of Sexual Harassment

Sexual harassment may include a range of subtle and not-so-subtle behaviors and may involve individuals of the same or different gender. Depending on the circumstances, these behaviors may include, but are not limited to:

  • Verbal harassment (sexual jokes and innuendo; commentary about an individual's body, sexual prowess, or sexual deficiencies; leering; catcalls; or insulting or obscene comments)
  • Physical harassment (unwanted sexual advances, touching or requests for sexual favors, or physical interference with normal work environment)
  • Visual harassment (display or circulation in the workplace of sexually suggestive objects or pictures, including through email).

Other Harassment

Harassment based on other protected characteristics is verbal or physical conduct that denigrates or shows hostility or aversion toward an individual because of the individual's gender, race, color, religion, national origin, age, disability, and protected activity (such as opposition to discrimination or participation in complaint proceedings). To be considered harassment, one of the following situations is generally found:

  • The conduct has the purpose or effect of creating an intimidating, hostile, or offensive work environment.
  • The conduct has the purpose or effect of unreasonably interfering with an individual's work performance.
  • The conduct otherwise adversely affects an individual's employment opportunities.

Examples of Harassing Conduct

Harassing conduct based on an individual's gender, race, color, religion, national origin, age, disability, and protected activity (such as opposition to discrimination or participation in complaint proceedings) includes, but is not limited to the following:

  • Verbal harassment (epithets, slurs, negative stereotyping, threatening, or denigrating jokes)
  • Physical harassment (intimidation or hostile acts)
  • Visual harassment (display or circulation in the workplace of written or graphic material that denigrates or shows hostility or aversion toward an individual or group, including through email).

Reporting an Incident of Harassment

Individuals who have experienced conduct that they believe is contrary to this policy or who have concerns about such matters are required to contact one of the following persons as soon as possible after the incident:

  • Their supervisor
  • Their department manager
  • Their local HR representative
  • Any other member of management.

To report an incident after normal business hours, individuals are to call their local HR representative at home. The report should include details of the conduct, the name of the individual(s) involved, and the names of any witnesses. Early reporting and intervention are effective methods of resolving actual or perceived incidents of harassment. Therefore, employees are encouraged to report any conduct they feel is inappropriate, even if they are unsure whether such conduct violates this policy. The employer considers all reports seriously and will take action that is appropriate to stop any inappropriate conduct. Any supervisor or member of management approached by an individual regarding possible harassment should immediately bring the complaint to the attention of the local HR representative.

Investigation

Each reported incident will be investigated by a member of the Human Resources staff or by another management official. The investigation will be done promptly, thoroughly, and impartially. An employee's report of an incident will be kept as confidential as possible, subject to the need to disclose information in the investigation and management response process.

Retaliation Is Prohibited

The employer prohibits retaliation against any individual who reports harassment or participates in an investigation of such reports. Retaliation against an individual for reporting harassment or for participating in an investigation of a claim of harassment is a serious violation of this policy and may subject the person found to have retaliated to discipline.

Discipline for Misconduct

The employer will take immediate and appropriate corrective action whenever it determines that harassment has occurred in violation of this policy. Disciplinary measures will be proportional to the seriousness of the offense and may include termination of employment.

Appeal Procedure

If a complainant is not satisfied with the results of the investigation or with the discipline or corrective action of the employer, the complainant should submit a written appeal to the local HR representative. At that time, the HR representative or a designated representative will review the written complaint and the investigation report as well as other documents that he or she believes is necessary. Additionally, if necessary, the HR representative or the designated representative may speak to those individuals involved in the investigation, witnesses to the incident, the accused, and the complainant. Afterward, the HR representative will provide a response to the complainant.

Questions

Employees who have questions about this policy or the appropriateness of a certain type of behavior are encouraged to discuss these questions with their local HR representative.