Labor Rights

PEDIATRIX MEDICAL GROUP: EQUAL EMPLOYMENT OPPORTUNITY

Pediatrix®, Inc., subscribes to the requirements of federal laws, regulations and executive orders, as well as the laws of the states and municipalities in which we conduct business regarding equal employment opportunity. The company is committed to hiring and developing the most qualified individuals from the available workforce in the communities that we serve. It is the policy of the company to ensure equal opportunity to all employees and applicants in all employment matters, including, but not limited to, recruitment, hiring, placement, compensation, training, promotion and separation. In these and all activities, Pediatrix is committed to honoring those basic rights and fundamental freedoms inherent to all human beings, and the company does not discriminate against any qualified individual because of sex, age, race, color, religion, creed, national origin, ancestry, familial status, marital status, sexual orientation, gender identity, disability, handicap, genetic information, liability for service in the United States Armed Forces, veteran status and/or any other legally protected characteristic.

While Pediatrix recognizes, acknowledges and respects the fundamental rights of workers and organized labor to freely associate and to collectively bargain in compliance with federal and state laws, it is the company’s belief that there is great value in the one-on-one relationship between a leader and a team member and that Pediatrix’s culture of openness and inclusion renders the need for collective bargaining unnecessary.

Pediatrix strives to provide fair wages for all employees in all regions based on competitive market data. The company’s compensation department, using validated outside sources of information, conducts benchmarking studies that are adjusted, as necessary, to reflect geographic differentials in pay. Pediatrix also adheres to all minimum-wage requirements in all jurisdictions.

Each company manager has overall responsibility for developing, communicating and enforcing the principles set forth in this policy throughout the company. The members of the management team, including all department heads and medical directors, are responsible for providing the leadership necessary to make this policy effective and successful.

All personnel are charged with making a personal commitment to practice and enforce the principles of this policy as follows:

Recruit, hire, place, compensate, train, promote and separate without regard to sex, age, race, color, religion, creed, national origin, ancestry, familial status, marital status, sexual orientation, gender identity, disability, handicap, liability for service in the United States Armed Forces, veteran status and/or any other legally protected characteristic, except where a bona fide occupational qualification exists.
Ensure all employment decisions are in accordance with and further the principles of equal employment opportunity.
Ensure relations among staff are void of any verbal or physical abuse, intimidation or harassment against any employee or applicant for employment.

Any individual who feels he or she may have been discriminated against in violation of this policy is strongly encouraged to immediately contact his or her supervisor, medical director, any other member of senior management, the vice president of human resources operations, the chief compliance officer and/or the compliance helpline at 1-877-835-5764. Any member of management, other than the vice president of human resources operations, notified of alleged discrimination is required to bring the matter to the immediate attention of the vice president of human resources operations.

SEXUAL HARASSMENT

The company is committed to the belief that all employees are entitled to work in an environment completely free of implicit or explicit physical and/or verbal harassment of a sexual nature. No employee shall be subject to sexual harassment from another employee, at his or her place of work, or from any individual doing business with the company. Sexual harassment includes same-sex harassment.

This policy applies to all directors, officers and employees of the company. In addition, the company will communicate this policy to vendors and contractors who have contact with any company business location(s).
Sexual harassment may include, but is not limited to, unwelcome or offensive sexual advances, sexual jokes, requests for sexual favors, inappropriate touching, leers, intrusive personal questions and/or questions of a sexual nature, visual displays of degrading images or references to sexual stereotypes, screaming, shouting or using insulting language of a sexual nature or other verbal or physical conduct of a harassing nature. These actions constitute sexual harassment when:
- Submission to such conduct is made a term or condition of employment.
- Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting the individual.
- Such conduct unreasonably interferes with an individual’s work performance or creates an intimidating, hostile or offensive working environment.
Sexual harassment is unacceptable conduct and will not be tolerated. This policy applies not only to the workplace during normal business hours, but also to all work-related social functions, whether on or off the company’s premises, and to business-related travel. All employees are responsible for assuring that the workplace is free from sexual harassment. Employees violating this policy shall be subject to corrective action that may include immediate termination of employment.

Any employee who has a complaint or knowledge of sexual harassment by anyone, including supervisors, co-workers, customers, vendors or other visitors, is encouraged to bring the problem to the attention of the human resources department, HR generalist, HR director or the vice president of human resources operations, company management, the chief compliance officer and/or the compliance helpline at 1-877-835-5764 within 72 hours or three days of the incident/occurrence. This will enable the company to take timely and appropriate corrective action when necessary. If the complaint involves someone in the employee’s direct line of supervision, the employee may go to another supervisor or manager with the complaint. If the complaint is brought to the attention of a member of management and the employee does not receive a follow-up call from the vice president of human resources operations within 48 hours, the employee should then contact the vice president of human resources operations directly. Employees who are hesitant to make a complaint to their supervisor or other management representative should contact the vice president of human resources operations directly.

Supervisors or management representatives who receive a complaint or have knowledge of alleged sexual harassment are required to immediately contact the vice president of human resources operations, whether or not a formal complaint is filed. The supervisor is to communicate to the employee only that he or she will notify the human resources department and that the entire matter will be kept strictly confidential. The supervisor is to make no other comment or commitment to the employee. The reporting supervisor must document the complaint and forward the documentation to the vice president of human resources operations. No other files are to be maintained. The company will not, in any way, retaliate against an individual who makes a report of sexual harassment nor permit any employee of the company to do so. Retaliation is a serious violation of this policy and should be reported immediately. Any person found to have retaliated against another individual for reporting sexual harassment will be subject to the same corrective action provided for those determined to have violated the company’s policy.

The company will promptly handle all complaints. Special privacy safeguards will be applied in handling sexual harassment complaints. Every effort will be made to maintain the privacy of the individual bringing the complaint of sexual harassment to the attention of the company and of the person(s) accused of sexual harassment, and the complaint will be discussed only with individuals who are in a position to “need to know.”

Human resources will conduct an investigation of the complaint to gather appropriate information to determine the validity of the allegation, will retain documentation of all allegations and investigations and, when appropriate, will ensure corrective action is taken, up to and including immediate termination of employment.

OTHER UNLAWFUL HARASSMENT

The company is committed to the belief that all employees are entitled to work in an environment completely free of implicit or explicit physical and/or verbal harassment on the basis of age, race, color, religion, creed, national origin, sexual orientation, gender identity, disability or handicap or any other protected characteristic. No employee shall be subject to any unlawful harassment from another employee, at his or her place of work, or from any individual doing business with the company.

This policy applies to all directors, officers and employees of the company. In addition, the company will communicate this policy to vendors and contractors who have contact with any company business location.
Other unlawful harassment is verbal or physical conduct that denigrates or shows hostility or aversion toward an employee or his or her relatives, friends, associates or employees on the basis of age, race, color, religion, creed, national origin, sexual orientation, gender identity, disability or handicap or any other protected characteristic.
Harassing conduct includes epithets; slurs; negative stereotyping; or threatening, intimidating or hostile acts. It also includes written or graphic material that denigrates or shows hostility.
Other unlawful harassment is unacceptable conduct and will not be tolerated. All employees are responsible for ensuring that the workplace is free from other unlawful harassment. Employees violating this policy shall be subject to corrective action, which may include immediate termination of employment.

Any employee who has a complaint or knowledge of other unlawful harassment by anyone, including supervisors, co- workers, customers, vendors or other visitors is encouraged to bring the problem to the attention of the human resources department, HR generalist, HR director or the vice president of human resources operations, company management, the chief compliance officer and/or compliance helpline at 1-877-835-5764 within 72 hours or three days of the incident/occurrence. This will enable the company to take immediate appropriate corrective action when necessary. If the complaint involves someone in the employee’s direct line of supervision, the employee may go to another supervisor or manager with the complaint. If the complaint is brought to the attention of a member of management, and the employee does not receive a follow-up call from human resources within 48 hours, the employee should then contact the vice president of human resources operations directly. Employees who are hesitant to make a complaint to their supervisor or other management representative should contact the human resources department directly.

Supervisors or management representatives who receive a complaint or have knowledge of alleged unlawful harassment are required to immediately contact the human resources department, whether or not a formal complaint is filed. The supervisor is to communicate to the employee only that he or she will notify the human resources department and that the entire matter will be kept strictly confidential. The supervisor is to make no other comment or commitment to the employee. The reporting supervisor must document the complaint and forward the documentation to the director of human resources or vice president of human resources operations. No other files are to be maintained.

Human resources will promptly handle all complaints. Special privacy safeguards will be applied in handling other unlawful harassment complaints. Every effort will be made to maintain the privacy of the individual bringing the complaint of other unlawful harassment to the attention of the company and of the person(s) accused of other unlawful harassment and the complaint will be discussed only with individuals who are in a position to “need to know.” No employee will be subjected to retaliation of any kind for having lodged a complaint of harassment.

The human resources department will conduct an investigation of the complaint to gather appropriate information to determine the validity of the allegation, retain documentation of all allegations and investigations and, when appropriate, ensure corrective action is taken, up to and including immediate termination of employment.

The company will not, in any way, retaliate against an individual who makes a report of other unlawful harassment nor permit any employee of the company to do so. Retaliation is a serious violation of this policy and should be reported immediately. Any person found to have retaliated against another individual for reporting other unlawful harassment will be subject to the same corrective action provided for those determined to have violated the company’s policy.

AGE DISCRIMINATION IN EMPLOYMENT ACT (ADEA) & OLDER WORKERS BENEFIT PROTECTION ACT (OWBPA)

The company subscribes to the tenets of the Age Discrimination in Employment Act (ADEA) and Older Workers Benefit Protection Act (OWBPA). The company does not discriminate against any employee or applicant, including those who are 40 years of age or older. Age is not a consideration in recruiting, hiring, training, promoting, compensating, providing benefits, taking corrective action or separating an employee or any other term or condition of employment.

Any individual who feels he or she may have an age-discrimination issue is strongly encouraged to immediately contact his or her supervisor, medical director, any other member of senior management, the human resources department, HR generalist, HR director or the vice president of human resources operations, company management, the chief compliance officer and/or the compliance helpline at 1-877-835-5764. Any member of management, other than the vice president of human resources operations, notified of alleged age discrimination is required to bring the matter to the immediate attention of the vice president of human resources operations.

AMERICANS WITH DISABILITIES ACT (ADA)/ AMERICANS WITH DISABILITIES ACT AMENDMENTS ACT (ADAAA)

The company complies with the Americans with Disabilities Act (ADA) and the ADA Amendments Act (ADAAA), which became effective Jan. 1, 2009, in all matters of employment including recruiting, hiring, training, promoting, compensating, providing benefits, taking corrective action or separating an employee or any other term or condition of employment.

The ADA/ADAAA prohibits discrimination against persons with disabilities, defined as:

A physical or mental impairment that substantially limits one or more major life activity,; the record or history of such impairment or being regarded by the employer as having such an impairment.

An individual must be qualified to perform the essential functions of the job with or without reasonable accommodation to be protected by the ADA/ADAAA. The company will endeavor to make reasonable accommodation to a qualified employee/applicant who can perform the essential functions of the job.

The following are some examples of the conditions that may be considered disabilities under the act. (This list is not not exhaustive.):

Blindness
Deafness
Speech impediments
Cerebral palsy
Muscular dystrophy
Multiple sclerosis
HIV/AIDS
Cancer
Heart disease
Diabetes
Mental retardation
Emotional illness
Alcoholism (provided it does not interfere with job performance)
Rehabilitated drug users (provided they are not currently taking illegal drugs)
Gross obesity

Reasonable accommodation includes, but is not limited to, making facilities accessible, restructuring jobs, providing modified work schedules and/or acquiring or modifying equipment or devices.

An employee or applicant cannot be asked about the severity or nature of his or her disability but may be asked to demonstrate how he or she, with or without reasonable accommodation, will perform the essential duties of the job.

The hiring supervisor will notify the human resources department of all employees/applicants with a disability applying for a position before the hiring decision is made. The human resources department will evaluate all qualified employees/applicants with a disability to ensure that reasonable accommodation is offered and that the company remains in compliance with the ADA/ADAAA.

The human resources department is responsible to ensure that reasonable accommodation is offered to a qualified employee/applicant who can perform the essential functions of the job. Any questions regarding the ability of the company to make reasonable accommodation for an employee/applicant with a disability are to be directed to the human resources department.

Any individual who feels that he or she may have a disability discrimination issue is strongly encouraged to immediately contact his or her supervisor, medical director, any other member of senior management, the vice president of human resources operations, the chief compliance officer and/or the compliance helpline at 1-877-835-5764. Any member of management, other than the vice president of human resources operations, notified of alleged disability discrimination is required to bring the matter to the immediate attention of the vice president of human resources operations.

STANDARDS OF CONDUCT

To provide the best possible work environment, the company expects employees to follow rules of conduct that will protect the interests and safety of all employees and the employer.

While under some circumstances the company may initiate corrective action, it is not required to do so and instead may decide to terminate the employment relationship. The decision of whether to take corrective action or terminate the employment relationship is within the sole discretion of the company. It is not possible to list all the forms of behavior that are considered unacceptable in the workplace, but the following are examples of infractions of rules or conduct that may result in corrective action:

Theft or inappropriate removal or possession of property.
Falsification of timekeeping records.
Working under the influence of alcohol or illegal drugs.
Possession, distribution, sale, transfer or use of alcohol or illegal drugs in the workplace, while on duty or while operating employer-owned equipment.
Fighting or threatening violence in the workplace.
Boisterous or disruptive activity in the workplace.
Negligence or improper conduct leading to damage of employer-owned, co-employee owned or patient-owned property.
Insubordination or other disrespectful conduct.
Violation of safety or health rules.
Smoking in prohibited areas.
Sexual or other unlawful harassment.
Possession of dangerous or unauthorized materials, such as explosives or firearms, in the workplace.
Excessive absenteeism or any absence without notice.
Unauthorized absence from workstation during the workday.
Unauthorized use of telephones, mail system, or other employer-owned equipment
Unauthorized disclosure of business secrets, trade secrets, or Confidential Information
Unauthorized disclosure of employee information.
Violation of patient privacy/HIPAA policy.
Violation of company policies.
Unsatisfactory performance or conduct.

Any individual who believes that a violation of standards of conduct has occurred is encouraged to contact his or her supervisor, or any other member of senior management, the human resources department, HR generalist, HR director or the vice president of human resources operations, company management, the chief compliance officer and/or the compliance helpline at 1-877-835-5764.

VIOLENCE IN THE WORKPLACE

The company provides a safe workplace for all employees. To ensure a safe workplace and to reduce the risk of violence, all employees should review and understand all provisions of this violence in the workplace policy.

The company does not tolerate any type of workplace violence committed by or against employees. Employees are prohibited from making threats or engaging in violent activities.

This list of behaviors, while not all inclusive, provides examples of conduct that is prohibited:

Causing physical injury to another person.
Making threatening remarks.
Aggressive or hostile behavior that creates a reasonable fear of injury to another person or subjects another individual to emotional distress.
Intentionally damaging employer property or property of another employee.
Possession of a weapon and/or ammunition while on company property or while on company business.
Committing acts motivated by, or related to, sexual harassment, other harassment or domestic violence.

Any potentially dangerous situation must be reported immediately to a supervisor or the human resources department. Reports can be made anonymously, and all reported incidents will be investigated. Reports or incidents warranting confidentiality will be handled appropriately, and information will be disclosed to others only on a need-to-know basis. All parties involved in a situation will be counseled, and the results of the investigation will be discussed with them. The company will actively intervene at any indication of a possibly hostile or violent situation.

Risk Reduction Measures

Hiring: The human resources department takes reasonable measures to conduct background investigations to review candidate’s backgrounds and reduce the risk of hiring individuals with a history of violent behavior.

Safety: The company conducts annual inspections of the premises to evaluate and determine any vulnerability to workplace violence or hazards. Any necessary corrective action will be taken to reduce all risks.

Individual Situations: While we do not expect employees to be skilled at identifying potentially dangerous persons, employees are expected to exercise good judgment and to inform the human resources department if any employee exhibits behavior that could be a sign of a potentially dangerous situation. Such behavior includes:

Discussing weapons or bringing them to the workplace.
Displaying overt signs of extreme stress, resentment, hostility or anger.
Making threatening remarks.
Sudden or significant deterioration of performance.
Displaying irrational or inappropriate behavior.

Enforcement

Threats, threatening conduct or any other acts of aggression or violence in the workplace will not be tolerated. Any employee determined to have committed such acts will be subject to corrective action, up to and including termination. Non-employees engaged in violent acts on company premises will be reported to the proper authorities and fully prosecuted.

Equal Opportunity and Workforce / Labor Rights