Non-Discrimination, Equality & Inclusion Policy

1Purpose

Shepherds Only Foundation (“the Foundation”) is committed to treating every person with dignity, fairness, respect and integrity.

This Non-Discrimination, Equality and Inclusion Policy establishes the principles by which the Foundation seeks to prevent unlawful discrimination, harassment, victimisation, prejudice and unfair treatment in its governance, employment practices, volunteer engagement, programmes, beneficiary interactions, partnerships and operations.

The Foundation recognises the inherent dignity and worth of every human being and seeks to conduct its affairs consistently with applicable law, responsible nonprofit governance and its Christian character and charitable mission.

This Policy is intended to ensure that decisions concerning people are made fairly, consistently, transparently and on legitimate grounds relevant to the Foundation’s mission and operations.

3Policy Statement

The Foundation is committed to providing an environment in which individuals are treated fairly and with dignity.

Subject to lawful and legitimate requirements arising from the Foundation’s charitable objects and Christian character, the Foundation shall not unlawfully discriminate against any person on the basis of a protected characteristic recognised by applicable law.

Such characteristics may include, as applicable:

• race;
• colour;
• nationality;
• ethnic or national origin;
• place of origin;
• gender or sex;
• religion or creed;
• social or economic status;
• disability;
• political opinion or affiliation;
• marital or family status;
• age, where protected by applicable law;
• pregnancy or maternity; or
• any other status protected against discrimination under applicable law.

The Foundation shall periodically review this Policy to reflect changes in applicable law.

4Scope

This Policy applies throughout the Foundation’s activities and relationships, including:

5Forms of Prohibited Conduct

5.1  Direct Discrimination

Direct discrimination may occur where a person is treated less favourably than another person in materially comparable circumstances principally because of a legally protected characteristic.

5.2  Indirect Discrimination

Indirect discrimination may arise where an apparently neutral requirement, practice or criterion disproportionately disadvantages persons sharing a protected characteristic and cannot be objectively and lawfully justified.

5.3  Harassment

Harassment includes unwelcome conduct connected with a protected characteristic that has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.

5.4  Sexual Harassment

Sexual harassment is prohibited.

No trustee, employee, volunteer, beneficiary, applicant or other person interacting with the Foundation should be subjected to unwanted sexual advances, requests for sexual favours, sexually suggestive conduct or other inappropriate conduct of a sexual nature.

5.5  Victimisation and Retaliation

No person shall be punished, intimidated, threatened, disadvantaged or subjected to retaliation because that person, in good faith:

• raised a discrimination or harassment concern;
• made a complaint;
• assisted another person in making a complaint;
• participated in an investigation;
• provided information relevant to an investigation; or
• opposed conduct reasonably believed to violate this Policy.

A complaint need not ultimately be substantiated for the complainant to be protected from retaliation, provided that it was made honestly and in good faith.

6Beneficiary Selection and Charitable Eligibility

The Foundation recognises an important distinction between unlawful discrimination and legitimate charitable eligibility criteria.

The Foundation may establish eligibility requirements reasonably connected with its charitable purposes.

Because Shepherds Only Foundation exists particularly to support Christian ministers and persons serving within its defined ministry mandate, limiting a particular programme to persons satisfying those ministry-related criteria shall not, by itself, constitute a violation of this Policy where that limitation is lawful and genuinely connected to the Foundation’s governing purposes.

Within an eligible beneficiary class, decisions should be based upon objective and documented considerations wherever reasonably practicable.

These may include:

• financial need;
• ministry circumstances;
• urgency;
• vulnerability;
• dependants;
• length or nature of ministry service;
• hardship;
• health or welfare circumstances where relevant to the programme;
• availability of Foundation resources;
• programme-specific criteria;
• previous assistance received;
• verification and due diligence;
• safeguarding considerations; and
• other objectively relevant factors approved by the Foundation.

Personal friendship, family relationship, social standing, denominational influence, financial contribution to the Foundation or proximity to a trustee or officer must not improperly influence beneficiary selection.

Where a decision-maker has a personal interest or relationship capable of creating an actual, potential or perceived conflict of interest, the Foundation’s Conflict of Interest Policy shall apply.

7Denominational and Ministerial Fairness

The Foundation recognises that the Christian community encompasses different churches, denominations, ministry traditions and organisational structures.

Subject to the Foundation’s governing documents, statement of faith and programme-specific requirements, no otherwise eligible minister should receive preferential or adverse treatment merely because of personal connections, institutional prominence or denominational size.

Where theological or ministerial criteria are legitimately necessary for a particular programme, such criteria should be established in advance, appropriately documented and applied consistently.

The Foundation shall seek to avoid favoritism and arbitrary denominational preference in the distribution of charitable support.

8Donors and Financial Contributors

Donations do not purchase preferential access to the Foundation’s programmes, governance or beneficiary-selection processes.

A donor shall not be permitted to require the Foundation to unlawfully discriminate against an individual or class of persons as a condition of a donation.

The Foundation may accept legally permissible restricted donations that support a particular charitable programme, geographical area, beneficiary category or purpose falling within its charitable objects.

However, restrictions inconsistent with applicable law, the Foundation’s governing documents, fiduciary responsibilities or this Policy may be declined.

9Employment and Recruitment

The Foundation is committed to fair employment practices.

Employment decisions should ordinarily be based on relevant considerations such as:

• qualifications;
• experience;
• competence;
• integrity;
• performance;
• suitability for the position;
• safeguarding requirements;
• organisational needs; and
• legitimate requirements of the role.

Where adherence to the Foundation’s Christian character, beliefs or ministry objectives is considered necessary for a particular position, especially a spiritual leadership, ministry, pastoral, doctrinal or mission-critical role, the Foundation should clearly identify the requirement and ensure that its application is consistent with applicable law.

The Foundation shall not use its religious identity as a pretext for unrelated unlawful discrimination.

10Disability and Reasonable Access

The Foundation seeks, where reasonably practicable and required by applicable law, to provide appropriate access and reasonable accommodation for persons with disabilities participating in its employment, volunteering, programmes or services.

Requests should be considered individually, taking account of:

• the person’s circumstances;
• the nature of the activity or role;
• effectiveness of the proposed accommodation;
• available resources;
• health and safety considerations;
• operational feasibility; and
• applicable legal requirements.

No person should be subjected to degrading, abusive or unjust treatment because of disability.

11Accessibility of Programmes

Where reasonably practicable, the Foundation should consider barriers that may prevent eligible persons from accessing its programmes.

These may include:

• physical accessibility;
• communication barriers;
• literacy;
• geographic location;
• technology access;
• disability;
• application procedures; and
• unnecessary administrative requirements.

The Foundation is not required to eliminate legitimate eligibility, verification, safeguarding, financial-control or accountability requirements merely because they impose some burden upon applicants.

12Fair Decision-Making

Persons exercising authority under Foundation programmes should act:

• honestly;
• impartially;
• consistently;
• in good faith;
• within delegated authority;
• for proper purposes; and
• in the best interests of the Foundation and its charitable mission.

Material decisions concerning grants or substantial beneficiary support should, where practicable, be supported by adequate records explaining the basis upon which the decision was made.

14Political Neutrality in Charitable Assistance

Subject to applicable law and the Foundation’s governing documents, political affiliation, political opinion or support for a particular political party or candidate shall not improperly determine whether an otherwise eligible person receives charitable assistance.

Foundation resources must not be manipulated to reward political loyalty or punish political disagreement.

Nothing in this section prevents the Foundation from complying with laws regulating charities, advocacy, political activity or public-policy engagement.

15Complaints

Any person who reasonably believes that this Policy has been violated may raise a concern.

Complaints may be made to:

Where the complaint concerns the person ordinarily responsible for receiving complaints, it should be referred directly to the Chairperson of the Board or another independent person designated by the Board.

Where the complaint concerns the Chairperson, it should be referred to another disinterested trustee or an appropriately appointed independent person.

16Handling of Complaints

The Foundation shall endeavour to handle complaints:

• promptly;
• fairly;
• objectively;
• sensitively;
• confidentially to the extent reasonably possible;
• without predetermined conclusions; and
• with appropriate regard for the rights of all persons involved.

Depending upon the nature and seriousness of the allegation, the Foundation may:

• acknowledge the complaint;
• conduct an initial assessment;
• take immediate protective measures where necessary;
• appoint an impartial investigator;
• obtain information from relevant persons;
• provide the person complained against with a reasonable opportunity to respond;
• evaluate the evidence;
• document findings;
• determine appropriate corrective or disciplinary measures; and
• communicate the outcome to appropriate persons, subject to confidentiality and legal requirements.

The standard and formality of the investigation may vary according to the seriousness of the complaint.

17Confidentiality

Information relating to discrimination complaints shall be disclosed only to persons who reasonably require the information for purposes including investigation, decision-making, safeguarding, legal compliance, professional advice or implementation of corrective action.

Absolute confidentiality cannot be guaranteed where disclosure is necessary to investigate allegations, protect individuals, comply with law or provide procedural fairness.

Personal information shall be handled in accordance with applicable data-protection and privacy requirements.

18Malicious or Knowingly False Complaints

The Foundation encourages genuine concerns to be raised without fear.

A complaint that is mistaken, unsubstantiated or ultimately rejected shall not, merely for that reason, be considered misconduct.

However, deliberately fabricating evidence or knowingly making a false allegation with malicious intent may constitute misconduct and may result in appropriate action.

19Non-Retaliation

Retaliation against a person who raises a genuine concern under this Policy is prohibited.

Allegations of retaliation should be treated as separate potential violations and may result in disciplinary or other corrective action.

20Corrective and Disciplinary Action

A substantiated violation of this Policy may result in measures proportionate to the circumstances.

Depending upon the person’s relationship with the Foundation and the seriousness of the conduct, measures may include:

• counselling or guidance;
• mandatory training;
• formal warning;
• reassignment of responsibilities;
• removal from a decision-making process;
• suspension;
• termination of employment;
• termination of volunteer service;
• removal from a committee or office in accordance with applicable governing documents;
• termination or reconsideration of a contractual or partnership relationship;
• corrective action for an affected beneficiary;
• referral to the Board;
• referral to appropriate authorities where legally required or justified; or
• other lawful and proportionate measures.

Nothing in this Policy prevents the Foundation from taking immediate protective action where there is a serious safeguarding, legal, reputational or operational risk.

21Responsibilities of Trustees and Leadership

The Board bears ultimate oversight responsibility for the Foundation’s commitment to equality, dignity and non-discrimination.

Leadership should:

• promote compliance with this Policy;
• ensure that material complaints are appropriately addressed;
• monitor significant patterns or recurring concerns;
• ensure conflicts of interest are managed;
• maintain appropriate beneficiary-selection controls;
• periodically review relevant procedures;
• provide appropriate training where necessary; and
• ensure that the Foundation’s Christian mission and non-discrimination commitments are implemented consistently and lawfully.

22Responsibilities of All Personnel

Every trustee, officer, employee and volunteer is expected to:

• treat others with dignity;
• refrain from discriminatory or harassing conduct;
• comply with this Policy;
• cooperate with legitimate investigations;
• maintain appropriate confidentiality;
• report serious violations through appropriate channels; and
• refrain from retaliation.

Persons with supervisory or decision-making authority have an enhanced responsibility to model these standards.

23Relationship With Other Foundation Policies

This Policy should be read together with other governance documents of Shepherds Only Foundation, including, where applicable:

• Conflict of Interest Policy;
• Whistleblower Policy;
• Safeguarding Policy;
• Code of Conduct and Ethics;
• Complaints and Grievance Policy;
• Grant-Making and Beneficiary Selection Policy;
• Privacy and Data Protection Policy;
• Anti-Fraud, Bribery and Corruption Policy;
• Financial Controls Policy;
• Volunteer Policy;
• Human Resources policies; and
• the Foundation’s governing constitution, trust instrument, bylaws or other governing document.

Where policies overlap, they should be interpreted harmoniously wherever reasonably possible.

24Data Collection and Equality Monitoring

Where the Foundation collects personal information for legitimate monitoring, programme administration or legal-compliance purposes, it shall seek to collect only information reasonably necessary for the relevant purpose.

Sensitive information must not be collected merely because it may be interesting or convenient.

Access to such information should be appropriately restricted and the information should be retained, secured and disposed of consistently with applicable privacy and data-protection requirements.

25Training and Awareness

The Foundation may provide appropriate training or guidance concerning:

• discrimination;
• harassment;
• safeguarding;
• beneficiary fairness;
• unconscious or improper bias;
• conflicts of interest;
• complaints handling;
• disability inclusion;
• religious sensitivity; and
• responsible decision-making.

Persons exercising significant authority over employees, volunteers or beneficiaries should receive appropriate guidance concerning their responsibilities.

26Monitoring and Review

The Board or its designated committee shall periodically review implementation of this Policy.

The Foundation may consider matters such as:

• discrimination complaints;
• beneficiary-selection patterns;
• accessibility concerns;
• substantiated incidents;
• corrective actions;
• recurring organisational risks; and
• changes in applicable law.

Monitoring should respect privacy and should not itself result in inappropriate discrimination.

27No Automatic Entitlement to Assistance

Nothing in this Policy creates an automatic legal or contractual entitlement to receive financial assistance, employment, appointment, partnership, grants or other benefits from the Foundation.

All assistance remains subject to:

• the Foundation’s charitable objects;
• programme eligibility requirements;
• due diligence;
• available resources;
• applicable policies;
• delegated authority;
• safeguarding requirements; and
• applicable law.

The Foundation retains discretion to determine how its charitable resources are allocated, provided that such discretion is exercised lawfully, in good faith and consistently with its governing purposes.

28Interpretation

Questions concerning interpretation of this Policy should be referred to the Board or a person authorised by the Board.

Nothing in this Policy shall be interpreted as authorising conduct prohibited by applicable law.

Likewise, nothing in this Policy should be interpreted in a manner inconsistent with the Foundation’s lawful governing purposes or as expanding the Foundation’s charitable objects beyond those established by its governing documents.

29Compliance With Law

The Foundation shall administer this Policy consistently with the laws applicable to its activities.

Where the Foundation operates, funds programmes or establishes entities outside Ghana, additional local legal requirements may apply.

If any provision of this Policy conflicts with mandatory applicable law, the applicable law shall prevail to the extent of the conflict without invalidating the remainder of the Policy.

The Foundation should obtain qualified legal advice where significant uncertainty exists concerning the application of discrimination, employment, charity, disability, religious-freedom or other applicable law.

30Policy Review and Amendment

This Policy shall ordinarily be reviewed at least once every three years, or earlier where:

• applicable law changes;
• the Foundation materially changes its activities;
• significant compliance concerns arise;
• the Foundation begins operating in another jurisdiction; or
• the Board determines that amendment is necessary.

Material amendments should be approved by the Board and appropriately recorded.