Preamble

Knowledge
and
Initiatives
towards
Equality to ensure the
equal opportunities to
its employees and to
protect employees and
its our beneficiaries
from Discriminations do
here by adopting the
following
policy
for
Equal opportunities &
Anti-Discrimination.

The policy for

Equal opportunities &
Anti-discrimination

The policy for Equal

Opportunities & AntiDiscrimination
of
Knowledge
and
Initiatives
towards
Equality
will
hereinafter referred to
as
the
policy.
Knowledge
and
Initiatives
towards
Equality
will
hereinafter referred to
as KITE

Knowledge and Initiatives

towards Equality
Last updated on:
2014-09-18

General details
KITE is committed to a policy of equal opportunity and anti-discrimination.
Under this policy KITE will not accept any form of discrimination in its operational
activities. In particular it will ensure that all of its beneficiaries, staff and (where
appropriate) volunteers, will be offered equally favorable treatment, irrespective of
disability, age, gender, marital status, sexual orientation, race, ethnic origin,
nationality, political or religious beliefs.
All managers have responsibility for ensuring that this Policy is implemented within
their sphere of operation.
This Policy is available to all staff members, and in appropriate instances. The policy
has duly been translated to native languages: Sinhala and Tamil.

1.

Procedure

KITE is committed to stopping discrimination and promoting equal opportunities in

both the employment and management of staff (paid and voluntary), and in the
development, planning and implementation of its operations and will strive to meet its
obligations under all relevant legislation of Sri Lanka, including:

The Shop and Office Employees Act No. 19 of 1954

Maternity Benefits Ordinance No. 32 of 1939

Employment of Women, Young Persons, and Children Act No. 47 of 1956.

Service Contracts Ordinance

Industrial Disputes Act No. 04 of 1950

Employees Provident Fund Act No. 15 of 1958

Employees Trust Fund Act No. 46 of 1980

Termination of Employment of Workmen Act No. 45 of 1971

In managing operations KITE will promote equal opportunities across all its services
and in particular will ensure that:

No employee (paid or voluntary) or job applicant is unfairly discriminated against,

either directly or indirectly, on any grounds. This includes on the grounds of their
disability, age, gender, marital status, sexual orientation, race, ethnic origin and
nationality, political or religious beliefs.

All staff (paid or voluntary) and managers will be trained in the operation of
equality of opportunity and anti-discriminatory practice in employment and in
conducting operations.

All areas of KITE management and the Organization recognizes the need to value
differences between ethnic and minority groups and to ensure that individual
needs regarding culture, religion, and behavior are met as far as possible.

Managers will ensure equality of treatment in all disciplinary matters, including

dismissal.

Detailed policies and procedures are developed on how this policy will be
implemented in respect of recruitment and selection, training and development,
harassment and employment.

All employment applicants will be considered, including those with previous,

minor convictions. However, the nature, timing and severity of the offence will be
taken into consideration.

Existing staff will not necessarily be subject to

disciplinary action if they acquire a conviction, as again the nature and severity of
the offence will be taken into account.

2.

Responsibilities of the paid and voluntary employees

All staff employed by KITE on a paid or voluntary basis will be expected to:

Respect the staff they work with.

Comply with this policy and related policies relating to equality of opportunity.

Not discriminate against, or encourage others to discriminate against, any other

member of staff or person connected with KITE.
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Not harass, victimize, abuse or intimidate any member of staff.

Inform KITE management if they witness any form of unfair discrimination in the
normal course of their work involving any member staff.

Where KITE staff (paid or voluntary), are found not to have complied with this
Policy, disciplinary actions will be considered.
It is recognized that whilst much can be achieved by legislative measures, real
progress in improving equality of opportunity can only be achieved with a continuing
commitment from the Company in all areas and at all levels in order to achieve its
aims in equal opportunities. The Board of Directors has confirmed its commitment to
ensuring that KITE takes a positive attitude to equal opportunities.

3.
3.1.

Code of Practice
People with Disabilities

KITE will not tolerate discrimination against people with disabilities. Positive steps
will be taken to ensure that people with disabilities are made aware of job
opportunities in the Company, of the services provided by the Company and the
opportunities available for any voluntary work.

In order to meet these objectives, KITE will review and where possible adapt or
provide suitable premises, facilities and equipment.

3.2.

Gender and Marital Status

KITE will not tolerate discrimination on the grounds of gender or marital status.
Sexual harassment of any kind will not be tolerated.
3.3.

Sexual Orientation

KITE will not tolerate discrimination on the grounds of a persons sexual orientation
or declared sexual identity.
3.4.

Racial Discrimination
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KITE will not tolerate discrimination on the grounds of racial or ethnic background.
Racial harassment or abuse will not be tolerated.
3.5.

Political Allegiance

KITE will not tolerate discrimination on the grounds of a persons political allegiance.
KITE is politically neutral and it will not condone any use of the KITE name and
variance with this stance.
3.6.

Religious Belief

KITE will not tolerate discrimination on the grounds of a persons religious belief.
KITE does not discriminate on the grounds of religion and will seek to offer its
services to people of all (or no) religious beliefs.
KITE would not expect staff to use their position in the company to win converts for a
specific faith.

4.

Recruitment

It is recognized that recruitment and selection is a crucial part of managing equal

opportunities and a separate Staff Recruitment Policy has been produced to support
this Equal Opportunities & Anti-Discrimination Policy to ensure high standards of
recruitment practices are operated.
KITE will ensure that the ways in which jobs are designated, advertised and filled,
fulfil the requirements of its Equal Opportunities & Anti-Discrimination Policy.
Job descriptions and person specifications will be written, and interviews carried out,
in accordance with the KITEs Equal Opportunities & Anti-Discrimination Policy.
5.

Training and Development

Training and development of staff is a key part of the KITE quality program and
provision of high quality services. KITE recognizes the importance of ensuring a fair
application of training and development provision based on the individual needs of
staff.

6.

Harassment

Staff concerns and complaints about equal opportunities and unfair discrimination on
an individual or group basis can already be addressed through the KITE Grievance
Procedure. However, it is recognized that individuals may often be reluctant to
initiate grievances to seek redress on a particular issue.
Harassment by staff of any kind will be considered a disciplinary offence.
Harassment may involve derogatory or discriminatory remarks, ridicule, unwanted
physical contact, and demands for favors or physical assault. Any behavior which is
offensive to KITE staff or other persons who come into contact with our staff, or
which causes them to feel threatened, or humiliated (on the grounds stated in this
policy) or which undermines the quality of service / work performance / or job
security, is harassment.
Any staff member who seriously or repeatedly harasses another staff member or
anyone else connected with KITE will be liable to dismissal for gross misconduct.
Similarly, any Board member or volunteer found to have breached the KITE Equal
Opportunities & Anti-Discrimination Policy in this regard will be asked to resign.

7.

Grievance and Disciplinary Issues

Failure to implement this policy may result in disciplinary action being taken under
the KITE Disciplinary Procedure. Any grievance concerning the implementation of
this policy should be progressed via KITEs Grievance Procedure.

8.

Conditions of Service

It is a condition of service that all staff adhere to the KITEs Equal Opportunities &
Anti-Discrimination Policy. Failure to do so can lead to disciplinary action being
taken.
All members of the Board will be expected to accept and adhere to the provisions of
the KITEs Equal Opportunities & Anti-Discrimination Policy.
All volunteers and outside consultants will be expected to abide by the provisions of
the KITEs Equal Opportunities & Anti-Discrimination Policy within their work for
the Company.

9.

Responsibilities of implementation

The Board of Directors of KITE has the first and final responsibility to promote,
implement and review this policy. It is also the responsibility of all KITE staff and
volunteers to promote this policy by ensuring that:

a)

None of KITEs activities or promotions reinforces or condones unfair

discriminatory practices.
b)

Material is not displayed in connection with KITEs work or activities which

may offend against the principles of this policy.

10. Resources
KITEs commitment to making its Equal Opportunities & Anti-Discrimination
Policy a success is unqualified, which means that, where possible, it will make
available the necessary resources to invest in good practice.

11. Policies and standards of Anti-Discrimination

KITE seeks to provide a work environment in which all employees are treated with
respect and dignity and that is free of harassment based upon an employee's race,
color, ethnic origin, nationality, national origin, religion or belief, sex, sexual
orientation, age, marital status or disability. Employees must not harass or intimidate
other employees on these grounds. Such harassment not only contravenes the
organizations policy but it may also constitute unlawful discrimination. Such
behavior will be treated as potential gross misconduct under our disciplinary
procedure and could render the employee liable to summary dismissal.
All employees are responsible for conducting themselves in accordance with this
policy and KITE will not condone any form of harassment, whether engaged in by
employees or by outside third parties who do work with the organization.
Employees should draw the attention of their line manager to suspected cases of
harassment.
Line Managers must not victimize or retaliate against an employee who has made
allegations or complaints of harassment or who has provided information about such
harassment.

Such behavior will be treated as potential gross misconduct under the

organizations disciplinary procedure. Employees should support colleagues who

suffer such treatment and are making a complaint.

11.1.

Sexual harassment and harassment on the grounds of sex or sexual

orientation

It is against KITEs policy for any employee, male or female, to sexually harass
another employee or to harass him or her on the grounds of his or her sex or actual or
perceived sexual orientation or gender reassignment. Harassment occurs where, on the
ground of an employees sex or sexual orientation, a person engages in unwanted
conduct that has the purpose or effect of violating the others dignity at work, or of
creating an intimidating, hostile, degrading, humiliating or offensive work
environment for the employee.
Sexual harassment occurs where a person engages in any form of unwanted verbal,
non-verbal or physical conduct of a sexual nature that has the purpose or effect of
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violating the others dignity at work, or of creating an intimidating, hostile, degrading,

humiliating or offensive work environment for the employee. Sexual harassment
includes, but is not limited to, unwelcome sexual advances, requests for sexual favors,
engaging in other unwelcome verbal, non-verbal or physical conduct of a sexual
nature, subjection to obscene or other suggestive comments and sexual jokes, pictures
or videos.
Harassment also occurs where, on the ground of the employees rejection of or
submission to unwanted conduct of the kind specified above, a person treats the
employee less favorably than he or she would treat him or her had he or she not
rejected, or submitted to, the unwanted conduct.

It is for the complainant to decide for him or herself what they regard as offensive.

11.2.

Racial harassment and harassment on the grounds of religion or belief

It is against the organizations policy for any employee to harass another employee on
the grounds of his or her race, colour, ethnic origin, nationality, national origin or
religion or belief. Harassment occurs where a person engages in unwanted conduct
which has the purpose or effect of violating the others dignity at work, or creating an
intimidating, hostile, degrading, humiliating or offensive work environment for the
other person. Racial harassment includes, but is not limited to, engaging in
unwelcome verbal, non-verbal or physical conduct of a racial nature, subjection to
racist comments, and racist jokes, pictures or videos. Racial harassment and
harassment on the grounds of religion or belief may comprise intentional bullying
which is obvious or violent but it can also be unintentional or subtle, such as the use
of nicknames or teasing.
It is for the complainant to decide for him or herself what they regard as offensive.

11.3.

Harassment on the grounds of disability or age

It is against the organizations policy for any employee to harass another employee on
the grounds of his or her disability or age. The principles set out above apply equally
to harassment on the grounds of disability or age.

11.4.

Reporting and investigation of complaints

All allegations of harassment will be dealt with seriously, confidentially and speedily.
KITE will not ignore or treat lightly grievances or complaints of harassment from
members of a particular sex, sexual orientation, religion or racial group or from
employees who are disabled.
While the organization encourages employees who believe they are being harassed to
notify the offender (by words or by conduct) that his or her behavior is unwelcome,
the organization also recognizes that actual or perceived power and status disparities
may make such confrontation impractical.
In the event that such informal, direct communication between employees is either
ineffective or impractical, the following steps should be followed in reporting a
complaint of harassment:
Any employee who believes he or she has been or is being harassed in violation of
this policy, or who wishes to report an incident of harassment, should report the
situation to their line manager. If the employee does not wish to speak to their line
manager, they can instead speak to an alternative manager or to the directly to the
Vice President Staff Development.
1
Such reports should be made promptly so that investigation may proceed and any
action taken expeditiously.
2
All allegations of harassment will be taken seriously. The allegation will be promptly
investigated and, as part of the investigatory process, the employee will be
interviewed and asked to provide a written witness statement setting out the nature
and details of the incident or complaint and the basis for it. Confidentiality will be
maintained during the investigatory process to the extent that this is practical and
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appropriate in the circumstances. However, in order to effectively investigate an

allegation, KITE must be able to determine the scope of the investigation and the
individuals who should be informed of or interviewed about the allegation. KITE
reserves the right to arrange for another manager to conduct the investigation other
than the manager with whom the employee raised the matter.
3
KITE will also invite the employee to attend at least one meeting at a reasonable time
and place at which his or her complaint can be discussed and the employee must take
all reasonable steps to attend that meeting. The employee has the right to be
accompanied at that meeting by either a trade union official or a fellow employee of
their choice.
4
Once the investigation has been completed and after the meeting with the employee
has taken place, the employee will be informed in writing of the outcome and the
organizations conclusions and decision as soon as possible. The employee will also
be notified in writing of his or her right to appeal against the organizations decision if
he or she is not satisfied with it. The Company is committed to taking appropriate
actions with respect to all complaints of harassment which are upheld.

If the employee wishes to appeal against the organizations decision, he or she must
appeal in writing to the Chief Executive Director or to a Director of the organization
within five working days of the organizations decision. On receipt of such a request,
a Director from the board of directors (who may not be the person to whom the
employee addressed their appeal) shall make arrangements to hear the appeal at an
appeal meeting and at that meeting the employee may again, if they wish, be
accompanied by either a trade union official or a fellow employee of their choice. The
employee must take all reasonable steps to attend that meeting. Following the
meeting, the relevant Director will inform the employee in writing of the
organizations final decision on the employees appeal.
5
Employees will not be penalized for raising a complaint even if it is not upheld, unless
the complaint was both untrue and made in bad faith. Alternatively, the employee may
use the organizations grievance procedure to make a complaint. The grievance
procedure is very similar to this procedure.
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12. Disciplinary action

Any KITE employee who is found to have harassed another employee in violation of
this policy will be subject to appropriate disciplinary action under the Company's
disciplinary procedure. Such behavior may be treated as gross misconduct and could
render the employee liable to summary dismissal. In addition, line managers who had
knowledge that such harassment had occurred in their departments but who had taken
no action to eliminate it will also be subject to disciplinary action under the
organization's disciplinary procedure.

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