A5. Humane Treatment / A6. Non-Discrimination / Non-Harassment

Code 7.0

There is to be no harsh or inhumane treatment including violence, gender-based violence, sexual harassment, sexual abuse, corporal punishment, mental or physical coercion, bullying, public shaming, or verbal abuse of workers; nor is there to be the threat of any such treatment. Disciplinary policies and procedures in support of these requirements shall be clearly defined and communicated to workers. Participants should be committed to a workplace free of harassment and unlawful discrimination. Companies shall not engage in discrimination or harassment based on race, color, age, gender, sexual orientation, gender identity or expression, ethnicity or national origin, disability, pregnancy, religion, political affiliation, union membership, covered veteran status, protected genetic information or marital status in hiring and employment practices such as wages, promotions, rewards, and access to training. Workers shall be provided with reasonable accommodation for religious practices. In addition, workers or potential workers should not be subjected to medical tests, including pregnancy or virginity tests, or physical exams that could be used in a discriminatory way. This was drafted in consideration of ILO Discrimination (Employment and Occupation) Convention (No.111).

Elements to Demonstrate Compliance to RBA Code

1. Policy

Have a detailed, comprehensive documented non-discrimination and non-harassment policy with elements including:

• a. No discrimination or harassment based on race, color, age, gender, sexual orientation, gender identity or expression, ethnicity or national origin, disability, pregnancy, religion, political affiliation, union membership, covered veteran status, protected genetic information or marital status in hiring and employment practices such as wages, promotions, rewards, and access to training.
• b. No harsh or inhumane treatment including violence, gender-based violence, sexual harassment, sexual abuse, corporal punishment, mental or physical coercion, bullying, public shaming, or verbal abuse of workers; nor is there to be the threat of any such treatment.
• c. Decisions in hiring, employing (such as compensation, promotion, access to training, …), or terminating workers are based solely on the candidate's ability to perform the job's requirements.
• d. Prohibition of disciplinary wage deductions are in place including "Pay equals time worked."
• e. Health tests, pregnancy testing, or contraception are not used as a condition of employment.

NOTE: Pregnant and nursing workers should be moved from hazardous to non-hazardous roles or remove the hazards from their roles; in either case while keeping the same pay and all other benefits.

• f. There should be no termination of a worker's employment based on the worker's pregnancy, virginity, or parental status.

NOTE: In some cases, health tests are required by local governments for foreign migrant workers prior to issuance of work visas.

• g. Reasonable accommodation for requested religious practices is provided.

2. Procedures & Practices

Procedures & Practices are in place such that:

• a. Clear communication to workers happens at the time of hire and is immediately accessible to all workers (e.g. worker training, handbooks, noticeboard postings, etc.)
• b. Provides managers and supervisors with training on the company's policies and procedures for disciplinary action. The training clearly communicates proper treatment of workers and prohibits any and all forms of abuse and harassment.
• c. No discrimination or harassment against a worker in eligibility for another position based on the worker's refusal to take a medical test where there is no required medical test for such position.
• d. All disciplinary actions are taken when discrimination and/or mistreatment occurs.
• e. Establish a disciplinary process which is humane.
• f. Disciplinary records do not show inhumane disciplinary measures.
• g. There are no groups inappropriately exempted from discipline process (policies applied equally).
• h. All records of disciplinary action against workers shall be reviewed by management and verifiably communicated to them.
• i. Formal policies and procedures exist for sick leave and maternity leave.
  • i. Workers receive a reasonable amount of time off for sickness without job loss or financial penalty.
  • ii. Workers are able to take time off for legally allowable maternity leave without loss of their job or seniority.
• j. Provide adequate compensation for lost income to workers injured at work or suffering from occupational disease, in accordance with local requirements.
• k. Establish a confidential communication system where workers can raise issues of concern including treatment by their supervisors or coworkers without fear of reprisal.
• l. Religious accommodation
  • i. Establish a process and group to review requests for religious practices accommodation.
  • ii. Review and decide upon and provide reason of decision of accommodation (or no accommodation) to the requestor in a timely manner.
  • iii. The religious accommodation element of the process shall reasonably accommodate group or individual religious practice requests made to management and may include:
    1. Scheduling Changes
    2. Voluntary Substitutes and Shift Swaps
    3. Change of Job Tasks and Lateral Transfer
    4. Dress and Grooming Standards
    5. Use of Employer Facilities
    6. Tests and Selection Process
  • iv. Reasonable Religious Accommodation requests may be refused for safety and security concerns, after seeking alternatives (including off-site options) and/or a significant impact on business operations, operating costs, or other workers.

3. Controls & Monitoring

Controls & Monitoring should include:

• a. Periodically reviews hiring practices, compensation records, and benefits to determine that there is no prohibited discrimination.
• b. Hiring agents and supplier management are trained in non-discrimination and applicable non-discrimination laws.
• c. Ensuring workers are aware of the existing and planned accommodations as well as channel to request accommodations.

4. Records

Records are maintained including:

• a. Have written job descriptions for worker roles that focus solely on "occupational qualifications," not personal characteristics.
• b. Investigations, results, and actions related to allegations and discriminatory actions observed and/or mistreatment of workers.
• c. Records of all cases of disciplinary decisions are available and show any disciplinary actions with signature or confirmation of worker.
• d. Religious accommodation requests and decisions are recorded and maintained.

5. Serious conditions that will result in a severe finding

• Inhumane treatment case without action taken.
• Discrimination or harassment case without action taken.
• Reasonable Religious Accommodation requests are refused by management without justification.

6. Leading Practices

• a. The disciplinary policy includes the following elements:
  • i. Graduated/Progressive – "First time" or small offenses might involve training/retraining or verbal discussions between the worker and supervisor in private - not in front of other workers. Major or re-occurring offenses would involve more serious disciplinary written warning or re-assignment, etc., according to the documented process.
  • ii. Constructive- Feedback is timely, targeted, and intended to motivate improvement in worker behavior and performance.
  • iii. Balanced - discipline applied consistently to all individuals and groups.
• b. Facilities proactively equipped to accommodate disabled persons (e.g., wheelchair ramps; elevators; visual evaluation alarms; etc.).
• c. Having policies and taking actions to hire and promote a diverse workforce.

2.0.0 (2022-06-01)

Changed

• Discrimination rating tightened to a Priority for any single unactioned discrimination or harassment case; scope broadened: The 7.0.0 banded discrimination ratings (Major = two or more discrimination cases reported with actions not taken; Minor = one case reported with actions completed) were replaced with a Priority for any single discrimination or harassment case without action taken. A facility with exactly one discrimination case where action was not taken passed under 7.0.0 (not 2+, so below Major) but fails as Priority under 7.1.2. The discrimination finding was also broadened from 'discrimination' to 'discrimination or harassment', so an unactioned harassment case now triggers the Priority. A prior pass can become a fail, hence major.

Added

• Inhumane-treatment definition expanded: The definition of inhumane treatment was expanded to add withdrawal of basic physical comforts provided to other workers and isolation of families, so a facility isolating families could now trip the inhumane-treatment finding having passed before.

Removed

• Standalone humane-treatment policy and non-discrimination policy provisions removed: The 7.0.0 standalone humane-treatment policy provision (old A5.2) and the standalone non-discrimination policy provision (old A6.2) were dropped. Loosenings that only remove ways to fail, so they do not drive the severity; the discrimination-rating tightening above makes the boundary major.

1.0.0 (2021-01-01)

Changed

• Initial historical baseline — Humane Treatment (A5) + Non-Discrimination/Non-Harassment (A6) (RBA Code of Conduct 7.0): Earliest imported version, published as two separate criteria: A5 Humane Treatment and A6 Non-Discrimination/Non-Harassment. Prohibition of harsh or inhumane treatment; non-discrimination and non-harassment across protected characteristics in hiring and employment; humane disciplinary process; reasonable accommodation for religious practices; and restrictions on discriminatory medical testing. Discrimination was determined using a banded rating (Major = two or more cases with actions not taken) rather than a single-case Priority. Standalone humane-treatment and non-discrimination policy provisions were present.