Smith.ai Anti-Discrimination Policy

Justin Maxwell Updated by Justin Maxwell

Equal Employment Opportunity

Our business success is a reflection of the quality and skills of our people. Smith.ai values that each person brings with them wisdom and skills from their own unique experiences, backgrounds, capabilities, and path in life.  As such, Smith.ai is committed to ensuring equal employment opportunity.  All employment decisions, policies, and practices are in accordance with applicable federal, state and local anti-discrimination laws.

Smith.ai. will not engage in or tolerate unlawful discrimination (including any form of unlawful harassment) on account of a person’s race (including ancestry, color, ethnic group identification and ethnic background as well as traits historically associated with race, including but not limited to, hair texture and protective hairstyles), religious creed (including religious dress and grooming practices), color, national origin (including language use restrictions), ancestry, citizenship, physical or mental disability (including HIV and AIDS), medical condition (cancer/genetic characteristics and information), marital status, family care leave status, sex (including pregnancy, childbirth, breastfeeding and medical conditions relating to pregnancy, or childbirth or breastfeeding), gender/gender identity, gender expression, age, sexual orientation, military and veteran status, genetic information, status as a victim of domestic violence, sexual assault, stalking and/or other crimes identified in California Labor Code section 230 and 230.1, or any other basis protected by federal, state or local law, ordinance or regulation.

Anti-Harassment, Discrimination & Retaliation Policy

Introduction & Philosophy

Smith.ai is committed to providing a work environment that is free of unlawful harassment, discrimination, and retaliation.  Smith.ai strictly prohibits all forms of unlawful harassment or discrimination on the basis of race (including ancestry, color, ethnic group identification and ethnic background as well as traits historically associated with race, including but not limited to, hair texture and protective hairstyles), religious creed (including religious dress and grooming practices), color, national origin (including language use restrictions), ancestry, citizenship, physical or mental disability (including HIV and AIDS), medical condition (cancer/genetic characteristics and information), marital status, family care leave status, sex (including pregnancy, childbirth, breastfeeding and medical conditions relating to pregnancy, or childbirth or breastfeeding), gender/gender identity, gender expression, age, sexual orientation, military and veteran status, genetic information, status as a victim of domestic violence, sexual assault, stalking and/or other crimes identified in California Labor Code section 230 and 230.1, or any other basis protected by federal, state or local law, ordinance or regulation.  This policy also prohibits unlawful discrimination and harassment based on the perceptions that anyone has any legally protected characteristics, or is associated with a person who has, or is perceived as having, any of those characteristics.  Therefore, Smith.ai expects that all relationships among employees in the workplace will be business-like and free of bias, prejudice and harassment. Smith.ai also will not tolerate unlawful retaliation.

This policy prohibits all employees as well as third parties who come into contact with employees (such as vendors, suppliers, independent contractors, and others working with Smith.ai) from engaging in unlawful harassment or discrimination.  For example, this policy prohibits all employees, from harassing co-workers (including unpaid interns and volunteers) as well as Smith.ai’s vendors, suppliers, independent contractors and others working with Smith.ai.  As an additional example, this policy prohibits third parties who our employees come into contact with (such as vendors, suppliers, independent contractors and others working with Smith.ai) from harassing or discriminating against our employees.

Violation of this policy will subject an employee to disciplinary action, up to and including immediate termination.  Additionally, under California law, employees may be held personally liable for harassing conduct.

Examples of Prohibited Sexual Harassment 

Sexual harassment includes a broad spectrum of conduct including harassment based on gender, gender expression or identity, and sexual orientation.  By way of illustration only, and not limitation, some examples of prohibited behavior include:

  • unwanted sexual advances;
  • offering an employment benefit (such as a raise, promotion or assistance with one’s career) in exchange for sexual favors, or threatening an employment detriment (such as termination, demotion, or disciplinary action) for an employee’s failure to engage in sexual activity;
  • visual conduct, such as leering, making sexual gestures, displaying sexually suggestive objects or pictures, cartoons or posters;
  • verbal sexual advances, propositions, requests or comments;
  • verbal abuse of a sexual nature, graphic verbal commentaries about an individual’s body, sexually degrading words used to describe an individual, suggestive or obscene letters, notes or invitations;
  • physical conduct such as touching, assault, impeding or blocking movement;
  • physical or verbal abuse concerning an individual’s actual sex or the actor’s perception of the individual’s sex; and
  • verbal abuse concerning a person’s characteristics such as vocal pitch, facial hair or the size or shape of a person’s body, including remarks that a male is too feminine or a woman is too masculine.
Examples of Other Prohibited Conduct

In addition to the above listed conduct, this policy strictly prohibits harassment based on race (including ancestry, color, ethnic group identification and ethnic background as well as traits historically associated with race, including but not limited to, hair texture and protective hairstyles), religious creed (including religious dress and grooming practices), color, national origin (including language use restrictions), ancestry, citizenship, physical or mental disability (including HIV and AIDS), medical condition (cancer/genetic characteristics and information), marital status, family care leave status, sex (including pregnancy, childbirth, breastfeeding and medical conditions relating to pregnancy, childbirth or breastfeeding), gender/gender identity, gender expression, age, sexual orientation, military and veteran status, genetic information, status as a victim of domestic violence, sexual assault, stalking and/or other crimes identified in California Labor Code section 230 and 230.1, or any other category protected by applicable local, state or federal law.  By way of illustration only, and not limitation, prohibited harassment includes:

  • racial slurs, epithets, and any other offensive remarks;
  • sexual or racial jokes, whether written, verbal, or electronic;
  • threats, intimidation, and other menacing behavior;
  • other verbal graphic, or physical conduct; and
  • other conduct predicated upon one or more of the protected categories identified in this policy.

Whether or not the offending employee or person means to give offense or believed the comments or conduct was welcome is not determinative.  Rather, Smith.ai’s policy is violated when another employee or individual, whether the recipient or a mere observer, is in fact offended by comments or conduct which are based on the characteristics identified above.

Complaint Process and Investigation

Your notification of the problem is essential to us.  Smith.ai cannot help resolve discrimination or harassment unless it knows about it.  Therefore, it is each employees responsibility to bring concerns and/or problems to Smith.ai’s attention so that Smith.ai can take whatever steps are necessary to address the situation.

  • Any employee who believes that the employee has been the subject of any form of harassment, discrimination or retaliation by anyone at Smith.ai or by any person who does work with Smith.ai must immediately report the matter to the employee’s supervisor, another supervisor, or people-ops@smith.ai. In addition, if you observe discrimination or harassment by another employee or non-employee, please report the incident immediately through the avenues discussed above. Managers and supervisors who receive complaints of unlawful discrimination or harassment must immediately report any such complaints to people-ops@smith.ai. If a concern involves the HR/People Ops team, contact Aaron Lee & Justin Maxwell, the co-founders, via founders@smith.ai.
  • Smith.ai takes complaints of unlawful discrimination and harassment seriously. All allegations of discrimination, harassment or retaliation will be investigated in a fair, thorough and timely manner by an impartial qualified person, providing due process for the parties involved.  There will be a timely response and resolution to the investigation; conclusions and discipline will be based on evidence collected.  The investigation will be conducted, stressing confidentiality to the extent possible, with proper documentation and tracking.  Smith.ai will treat complaints with as much confidentiality as possible, consistent with both the need to conduct a fair and thorough investigation and with applicable law.  If, upon the conclusion of the investigation, a violation of this policy is found, Smith.ai will take appropriate corrective/remedial measures.  There will be no retaliation against any employee who reports such conduct or participates in the investigation in good faith.  Any attempt to interfere with an investigation or retaliate against an employee for reporting conduct or participation in an investigation may result in immediate termination. 
  • Smith.ai prohibits all employees from hindering internal investigations and this policy’s internal complaint procedure.  All employees and individuals performing services for Smith.ai are expected to comply with this policy and to cooperate with investigations into complaints of harassment.
  • If Smith.ai determines that the conduct complained of does not rise to the level of unlawful harassment, discrimination or retaliation, Smith.ai may still offer appropriate options for remedial actions and resolutions to address the issues raised.

Unlawful Retaliation is Prohibited

Smith.ai prohibits retaliation for filing a good faith complaint under this policy or for participating in the investigation of a harassment or discrimination complaint.  If you perceive retaliation or believe you are being retaliated against for either making a complaint or for your participation in a discrimination or harassment investigation, you should immediately contact the persons identified above to discuss your complaint.  Complaints of unlawful retaliation will be promptly investigated in a fair and thorough manner that is documented and provides all parties with due process.  If, upon the conclusion of the investigation, a violation of this policy is found, Smith.ai will take appropriate corrective/remedial measures. 

Additional Enforcement Information

In addition to Smith.ai’s internal complaint procedure, in California, employees may also address their harassment, discrimination, or retaliation complaints to the United States Equal Employment Opportunity Commission (“EEOC”) or the California Department of Fair Employment and Housing (“DFEH”), which have the authority to conduct investigations and prosecute claims. Employees can contact the nearest EEOC or DFEH office at the locations listed in the Smith.ai’s EEOC and DFEH posters or online (https://www.dfeh.ca.gov/or https://www.eeoc.gov/). The law protects employees against retaliation for filing a complaint with either the DFEH or EEOC or otherwise participating in an investigation, proceeding, or hearing conducted by either agency.

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