Part 2: Internal Policies and Education
Our policies can (and should) align with our values.
Dominant culture shows up in our work through concretized policies and reliance on the written word. When our policies do not reflect our organizational values, we make decisions that are rooted in many of the systems we all seek to transform.
This is why an internal review of policies is so important to organizational culture. In this section, we will outline some key policy areas and offer a framework of radical doability to imagine how we might take our organizational policies to the next level.
POLICIES THAT SUPPORT EQUITY
Equity is the fair and just distribution of money, power and resources that ultimately lead to fair treatment, access, opportunity and advancement for all people. Any path towards equity must acknowledge the root causes of outcome disparities in society; and challenge the “status quo” of power relations, assumptions, and societal views that work to minoritize and marginalize groups of people.
Equity strives to identify and eliminate barriers that have prevented the full participation of some groups.
Equity is only achieved when all people have the economic, social, and political power and resources to make decisions about their lives, families, and communities.
POLICIES THAT SUPPORT CARE AND PREVENT BURNOUT
Care is seeing people for their full humanity, and creating spaces, opportunities and policies that fill the gaps where current systems fail.
Care draws from the work of disability justice – a framework that aims to understand and address ableism, the oppression of people with disabilities, by highlighting the connection between ableism and other forms of oppression. In our communities and workspaces, we must shift to see care through a holistic and collective lens, outside its current context of individual action and access. Collective care as a critical framing says “I am well because we are well.”
We address burnout (also referred to as chronic workplace stress) because it is a common workplace manifestation of the harms of these systems however, acknowledge that burnout is a contributing factor, not a root cause of the impact of any one policy or element of workplace culture.
Characteristics of burnout can include:
- Feeling of exhaustion
- Increased mental distance from work
- Reduced ability to function effectively
POLICIES THAT FOSTER SAFETY, DIGNITY AND BELONGING
Safety: Safety is the physical, emotional and spiritual existence of well-being. When policies foster safety, we are being pro-active in addressing harm through a restorative lens, committed to creating the worlds we want to see, starting from our workplaces and outside of them.
Dignity: Dignity is the inherent worthiness of every person to human rights, autonomy, and joy.
Belonging: Belonging is a shared sense of identity and commitment to one another; a belief and understanding that we belong to each other, and our liberation is bound up with each others.
This section of the guidebook is not meant to provide an exhaustive list but instead to spark conversation and to reference the multitude of policies that could exist and how they can become actionable at our organization.
Important Notes
- Policies are not meant to reinforce or police a work culture. They are meant to create accountability and an architecture of our values in action.
- Where does this new, proposed or re-envisioned policy fall on the radical doability spectrum? Identifying where you are starting from can create a map of opportunities and help to visibilize the gaps standing between your organization and the policy transformation you are looking to work towards.
We introduce this framework of radical doability spectrum below.
NOT RADICAL
HIGHLY RADICAL
Not new, or novel:
models exist in the world
New, would require bold imagination;
pushes the field in a new direction
NOT DO-ABLE
HIGHLY DO-ABLE
We do not currently have the resources,
capacity or expertise to make this happen
We could make this happen with
creative use of time, people and resources
Guiding questions:
- Is this policy that I am trying to implement new or are there models that exist in my community / network?
- If YES, might I reach out to organizations in the Network or other community partners for support?
- Is this policy doable right now with our current resources and people power, or would we need to increase capacity or expertise to make it happen?
- If NO, can you note this for inclusion in upcoming budget planning?
Map the policies you want to update or create using this matrix to know the needs you have to make policy real.
Policies we are proud of
Policies that are in need of transformation
Policies that are HIGHLY DOABLE for us?
Policies that are HIGHLY RADICAL for us?
The 3 C’s of Policy Building: So You Want an Equitable Workplace?
Section written in collaboration with Bodega Legal. Please note that while we consulted with an attorney, this is not legal advice and provided for informational purposes only.
Creating an equitable workplace for all requires imagination. Ask yourself, ‘what can be’ instead of ‘what is required.’ The legal requirements set by city, state, and federal authorities is the floor of what’s possible. And while creating policies and procedures for your organization that comply with the law will save you from liability, it is just the first step on the upward track to collective care!
Compliance: Here’s what we mean
The ever-evolving “floor” which holds employers to baseline legal standards set by local, state, and federal authorities. Your organization should have policies in place that meet those minimum requirements.
Consensus Building: Here’s what we mean
Policy choices that grow your organization’s capacity for care, but likely have no significant costs or added changes to your existing structure or systems. Your changes are still within the ‘status quo,’ with policies existing as a happy medium between radical change and business needs.
Collective Care: Here’s what we mean
These policies push and recreate the boundaries to prioritize employee well-being, participation, and feedback! When your organization centers its staff, everyone plays a part in accomplishing your mission! The integrity of your policies aligns and strengthens your work.
Let’s do a Policy Audit before we get started:
Take a moment to think about your onboarding experience. What processes or procedures did you review? Do you still have copies of those documents or know where to find them? How often do you update those policies? Are you invited to give input on those revisions or invite others to provide feedback?
Policies focused on Collective Care means there is no “HR Expert,” your entire staff gets to co-create with leadership and help figure out what works and what doesn’t for all staff members, empowering an entire team of experts that become just as knowledgeable of the baseline compliance requirements.
Now take a look below at the list of various policies and procedures commonly maintained by employers. Without consulting or reviewing anything else, identify and circle all the documents your organization maintains. Remember, sometimes a policy can be as simple as a paragraph or as in-depth as a booklet. Identify your organization’s policies without evaluating its sufficiency or level of care.
I can find this policy here:
Compliance
Per NYS law and/or federal requirements, does your policy:
Consensus Building
Could your policy include the following – in your process, creation, or implementation:
Collective Care
Could your policy include the following – to move towards a deeper commitment to collective care:
NYS Policy Recommendation Resources: See Appendix B, Anti-Discrimination & Harassment – LGBTQ+ Community and Fair Labor Practices-Pay Equity
Closing the Pay Gap!
Salary History vs. Salary Expectations
Inquiries often create a cycle of inequity and discrimination in the workplace, which perpetuates lower salaries for women and people of color. Avoiding asking at any point in the hiring process, including ads, applications, or during interviews.
Starting September 17, 2023, all private employers with 4 or more employees must list salary ranges for all advertised jobs and postings, including promotion and transfer opportunities. Many local governments have already enacted pay transparency laws, so check with an attorney!
1 Gender is defined broadly under the law & includes actual or perceived sex, gender identity, gender expression including a person’s actual or perceived gender-related self-image, appearance, behavior, expression or other gender-related characteristics, regardless of the sex assigned to that person at birth.
2 Already legally required for job postings in New York City and some other localities.
I can find this policy here:
Compliance
Per NYS law and/or federal requirements, does your policy:
Consensus Building
Could your policy include the following – in your process, creation, or implementation:
Collective Care
Could your policy include the following – to move towards a deeper commitment to collective care:
NYS Policy Recommendation Resources: See Appendix B, Fair Labor Practices for Formerly Incarcerated Persons & Anti-Discrimination/Harassment
3 Microsoft Word – Correction Law Article 23A.doc (ny.https://www.criminaljustice.ny.gov/pio/correction-law-article-23a.pdfgov)
4 Already legally required for positions in New York City and other localities. Check with your local city laws to ensure compliance. Credit checks may be required by law, such as for employers in the financial services industry when complying with industry-specific rules and regulations promulgated by a self-regulated organization, positions requiring security clearance, positions requiring bonding, etc. For a full list of exemptions under the New York City Stop Credit Discrimination in Employment Act, see Appendix B, Fair Labor Practices – Credit Discrimination.
I can find this policy here:
Compliance
Per NYS law and/or federal requirements, does your policy:
Consensus Building
Could your policy include the following – in your process, creation, or implementation:
Collective Care
Could your policy include the following – to move towards a deeper commitment to collective care:
NYS Policy Recommendation Resources: See Appendix B, Miscellaneous Provisions
Stop retaliation, build teams rooted in trust!
No one will be subject to, or should experience retaliation for speaking up or working to make our organizations more deeply align with our intended values.
Ensure your staff know how to report discrimination or retaliation, both internally and externally. Employees can report discrimination to:
- The New York State Division of Human Rights –
https://forms.ny.gov/s3/nysdhrcomplaint - The Federal Equal Employment Opportunity Commission –
https://www.eeoc.gov/filing-charge-discrimination - Approximately 24 local city or county based human rights commissions exist in New York State and may also accept complaints for investigation. Check to see if your locality has their own laws and enforcement agencies here:
https://dhr.ny.gov/human-rights-commission
While you should never prohibit someone from applying for a job on account of their identity or other protected class, you may want to invite applicants that align with the population you serve, i.e.:
“People of color, trans people, women, people with intersex conditions or DSDs, people who have lived in poverty, people with disabilities, immigrants, and lesbian, gay, bisexual and queer people are strongly encouraged to apply.”
I can find this policy here:
Compliance
Per NYS law and/or federal requirements, does your policy:
Consensus Building
Could your policy include the following – in your process, creation, or implementation:
Collective Care
Could your policy include the following – to move towards a deeper commitment to collective care:
NYS Policy Recommendation Resources: See Appendix B, Fair Labor Practices for Formerly Incarcerated Persons & Anti-Discrimination/Harassment
5 Cooperative dialogue is a good-faith discussion between the employer and employee regarding the employee’s accommodation request to determine its reasonableness. The dialogue can be verbal and/or in writing, and should address what the accommodation is, why it is needed, feasibility of the accommodation, if there are alternatives that would support the employee in executing their job duties, and any difficulties that such a potential accommodation may pose etc. There is no “one size fits all” solution to accommodation requests, so both parties must participate in the discussions.
I can find this policy here:
Compliance
Per NYS law and/or federal requirements, does your policy:
Consensus Building
Could your policy include the following – in your process, creation, or implementation:
Collective Care
Could your policy include the following – to move towards a deeper commitment to collective care:
Consider unlimited paid time off – Unlimited time off ensures that staff who are living with chronic illness, moving through mental health challenges, surviving or healing from intimate partner violence, or have other needs can take the time they need without fear of losing their job
NYS Policy Recommendation Resources: See Appendix B, Fair Labor Practices for Formerly Incarcerated Persons & Anti-Discrimination/Harassment
I can find this policy here:
Compliance
Per NYS law and/or federal requirements, does your policy:
Consensus Building
Could your policy include the following – in your process, creation, or implementation:
Collective Care
Could your policy include the following – to move towards a deeper commitment to collective care:
NYS Policy Recommendation Resources: See Appendix B, Fair Labor Practices, & Miscellaneous Provisions
I can find this policy here:
Compliance
Per NYS law and/or federal requirements, does your policy:
Consensus Building
Could your policy include the following – in your process, creation, or implementation:
Collective Care
Could your policy include the following – to move towards a deeper commitment to collective care:
NYS Policy Recommendation Resources: See Appendix B, Anti-Discrimination & Harassment – LGBTQ+ Community and Fair Labor Practices-Pay Equity
6 Height and Weight is a protected class in some localities, including New York City.
I can find this policy here:
Compliance
Per NYS law and/or federal requirements, does your policy:
Consensus Building
Could your policy include the following – in your process, creation, or implementation:
Collective Care
Could your policy include the following – to move towards a deeper commitment to collective care:
NYS Policy Recommendation Resources: See Appendix B, Anti-Discrimination/Harassment
7 Quid pro quo sexual harassment occurs when a person’s employment, pay, benefits, title, position, or other opportunities for advancement or training are conditions on the submission to unwelcome sexual advances. This can be explicit or implicit, and typically occurs when a supervisor or higher level management personnel seeks sexual favor in exchange for the benefit or to avoid some type of detriment, like a pay cut, demotion, or poor performance review. This is different from a hostile work environment claim, which focuses on conduct that is so intolerable or pervasive that a reasonable person would conclude your workplace is intimidating, hostile or abusive.
I can find this policy here:
Compliance
Per NYS law and/or federal requirements, does your policy:
Consensus Building
Could your policy include the following – in your process, creation, or implementation:
Collective Care
Could your policy include the following – to move towards a deeper commitment to collective care:
NYS Policy Recommendation Resources: See Appendix B, Miscellaneous Provisions
8 Testing is permissible for some job types, such as positions requiring a commercial drivers license, positions supervising or caring for children, medical patients or vulnerable persons, etc. For
9 https://www.nysenate.gov/legislation/laws/LAB/201-D
10 Review NYS Labor Law Section 201-d, subsection 4-a
I can find this policy here:
Compliance
Per NYS law and/or federal requirements, does your policy:
Consensus Building
Could your policy include the following – in your process, creation, or implementation:
Collective Care
Could your policy include the following – to move towards a deeper commitment to collective care:
NYS Policy Recommendation Resources: See Appendix B, Fair Labor Practices, & Miscellaneous Provisions
11 Courts have found that employers have a duty to provide employees with a fair and effective grievance procedure.
Our labor makes the work possible!
Honor Equity of Labor
- Create opportunities to revisit roles and responsibilities as the work is shaped and flows, with teams and direct supervisor
- Host a generative feedback process that honors 360 degree feedback at least 1x per year
- Affirm positive work and impact of team member’s on organization and community
- Additional asks around Equity Committee or Affinity groups are work and should be accounted for
New York State Division of Human Rights
The NYS Division of Human Rights is the state agency charged with enforcing the NYS Human Rights Law. It investigates, prosecutes, and adjudicates discrimination cases throughout New York
Its website houses valuable resources, including legal guidance, informational materials, and educational materials to keep you compliant!
Just remember your local authority may have enacted stronger protections than State; always implement policies that comply with the strongest protections.
Visit the DHCR website at dhr.ny.gov.
Long-term policy strategies for responding to harm as a community
As practiced by Rebellious Root
1. Understand your team member’s support styles and offer that type of care when possible
2. Create an away message (vacation responder) as an organization to recognize the impact of national loss in the wake of police violence, harm against LGBTQIA+ people, or other events that have a personal impact on staff’s wellness
3. Offer affirmative care work in the form of a self-care stipend or team outings and events that prioritize care and rest
4. Debrief in moments of non-crisis and assess what went well and could be put in place for the future
Create a care and response team that sends a card, flowers, or a message of support when someone is moving through loss and grief