In a Nutshell

  1. Associations should strive to provide a productive and welcoming environment that is free from abusive conduct, discrimination, harassment, and retaliation. 
  2. Adopting a code of conduct will help associations and MLSs achieve that end and reduce potential legal liability. 
  3. Associations and MLSs should require its volunteer leaders to be familiar with its adopted code of conduct and attend regular training, and sign an agreement to abide by the code of conduct.

Nuts and Bolts

Members and volunteer leaders who serve the association and MLS organizations are expected to set a positive example, and to treat association staff and volunteer leaders with professionalism, courtesy, civility, and respect in all interactions. A code of conduct is an important risk management tool that helps associations and MLSs educate their members and volunteer leaders on what behavior is considered inappropriate and, thus, won’t be tolerated. 

A written code of conduct should be designed to discourage certain unwanted conduct such as:

  • Abusive behavior
  • Discrimination
  • Harassment
  • Sexual Harassment
  • Retaliation

The code of conduct should be in the form of a written agreement signed by members and  provide consequences for engaging in the conduct identified in the agreement.

Associations should establish a mechanism to receive and investigate complaints of violations of the code of conduct. 

Associations should also reserve the right to take any necessary and appropriate action against a member who engages in any conduct in violation of its Code. 

The Details

Applicability: NAR’s Legal Counsel has crafted its code of conduct such that it takes a broad view of activity that is related to NAR or to NAR business. When creating and adopting a member code of conduct, associations should strive to have its code of conduct apply to:

  • All association/MLS related activities, meetings, and events, whether held in public or in private facilities;
  • All association/MLS sponsored activities sponsored by organizations other than the local association/MLS and held in conjunction with the association’s/MLS’s activities, meetings, or events; 
  • Member conduct during such activities, meetings and events;
  • Association/MLS member communications, whether written or verbal (including, but not limited to, email, text, social media platforms, Association/MLS communication platforms, and media publications), related to the association’s/MLS’s business or with its staff. 

For NAR, purely private conduct is not governed by the NAR Code of Conduct, but when an NAR member’s conduct reasonably relates to that member’s participation in NAR and has the potential to impact NAR members or staff, the NAR Code of Conduct applies. 

Local associations should consult with their local/state legal counsel to ascertain whether the same can be applied locally, and thereafter, choose to write and construe the local code of conduct consistent with state law.

Precluded Conduct

  • Abusive conduct means physical, verbal, or nonverbal conduct undertaken with malice, meaning the intention of harming someone, that a reasonable person would find hostile, offensive, humiliating, intimidating, and unrelated to the association’s/MLS’s legitimate business interests.
  • Discrimination. A local association should work with it’s local legal counsel. By way of example, NAR’s Code of Conduct precludes discrimination based on an individual’s race, color, religion, sex, gender, pregnancy, breastfeeding and pregnancy-related conditions, sexual orientation, gender identity and/or expression, age (40 and over), national origin, ancestry, physical or mental disability, genetic information, marital status, military or veteran status, political affiliation, personal appearance, and any other characteristic protected by applicable law.
  • Harassment. A local association should work with it’s local legal counsel. By way of example NAR prohibits the harassment of its members, NAR staff, service providers, speakers, and event participants, based on an individual’s race, color, religion, sex, gender, pregnancy, breastfeeding and pregnancy-related conditions, sexual orientation, gender identity and/or expression, age (40 and over), national origin, ancestry, physical or mental disability, genetic information, marital status, military or veteran status, political affiliation, personal appearance, and any other characteristic protected by applicable law. Prohibited harassment includes all unwelcome behavior based on a protected characteristic where the purpose or effect of the behavior is to create a hostile, abusive or intimidating environment, or where the behavior otherwise adversely affects an individual’s ability to participate in or at NAR-related activities, or adversely affects an NAR staff member’s employment in violation of this Code.
  • Sexual Harassment. A local association should work with it’s local legal counsel. By way of example NAR defines sexual harassment as including but is not limited to 1) unwelcome sexual advances and other unwelcome verbal, visual or physical conduct of a sexual nature, or 2) requests for sexual favors or conduct of a sexual nature when (a) submission to or rejection of such advances, requests, or conduct is made either explicitly or implicitly a term or condition of membership, a benefit associated with membership, or employment; (b) an individual’s submission to or rejection of such conduct is used as a basis for a decision affecting that individual; or (c) the purpose or the effect of such conduct is to substantially interfere with the affected individual’s membership or employment or to create an intimidating, hostile or offensive work environment; or 3) sexual misconduct, which means any behavior of a sexual nature which also involves coercion, abuse of authority, or misuse of an individual’s leadership position.

Investigation and Action Taken

  •  Associations should establish a mechanism to receive and investigate complaints of violations of the code of conduct. This may include establishing a committee, using outside investigators and/or outside legal counsel.
  • Associations should also reserve the right to take any necessary and appropriate action against a member who engages in any conduct in violation of its Code. Such actions may include, but are not limited to, prohibition from attendance at future meetings or events, suspension from association-related travel, removal from a leadership or committee appointment, referral of a request for removal of an officer to the Credentials and Campaign Rules Committee, expulsion from membership, or any other action deemed appropriate by the association.
  • The association should prohibit all individuals from retaliating against any person who in good faith reports, or participates in the investigation of, possible abusive conduct, discrimination, harassment, or retaliation in violation of its Code.

Association Action

  1. Review state and federal harassment, sexual harassment, discrimination, retaliation and related laws with legal counsel.
  2. Create a code of conduct policy, and train all employees on it. 
  3. Require all volunteer leaders to take training on the code of conduct policy and require the same individuals to sign the policy agreement.
  4. Promptly investigate all complaints filed under the policy. 

     
Advertisement