13.3 Harassment

Professional behavior is a requirement around your fellow Associates, Managers, Company employees, staff and customers. Harassment is strictly prohibited in this Company. Some examples of harassment include, but are not limited to, the following:

• Sex-related harassment: Displaying power over a man or a woman because of gender through disparaging gender-related remarks and threatening behavior. Unnecessary touching, unwelcomed jokes of a sexual nature, inappropriate gestures or use of suggestive materials, intimidating or otherwise inappropriate behavior, such as asking for, or offering, sexual favors, homophobic remarks, threats to disclose sexuality, and intimate questions about sexual activity.

• Racial harassment: Inappropriate comments, questions, and/or jokes about racial or ethnic origin, offensive graffiti and intimidating behavior, including threatening gestures.

• Personal harassment: Making fun of personal circumstances or appearance.

• Bullying: This can be physical or psychological. Examples of psychological bullying include unmerited criticism, isolation, shunning, gossip, essential information withheld, or behavior that is intimidating or demeaning.

• Harassment of disabled people: Discussion of the effects of a disability on an individual’s personal life, uninvited touching or staring, and inappropriate comments or questioning about the impact of someone’s disability.

• Age harassment: Derogatory age-related remarks and unjustifiable dismissal of suggestions on the grounds of the age of the person.

• Stalking: This can be physical or psychological. Examples include leaving repeated or alarming messages on voice mail or email, following people home, or approaching others to ask for personal information.

In the event an Associate feels that he or she has been harassed, the Associate must immediately report the incident to the Company. The Manager shall take reasonable precautions to keep confidential the identity of the accuser, as well as the accused. The Company will commence an investigation and prepare a written report. Under certain circumstances, such as if the accused is the Manager; an outside investigator may be retained. Retaliation against complainants is strictly prohibited. Any employee, Associate, or staff found guilty of engaging in harassment may be subject to disciplinary action up to and including reprimand, counseling, suspension, and termination.