Updated: 06.30.2022

POLICY AGAINST SEXUAL HARASSMENT

The Company prohibits sexual harassment and retaliation of or against its applicants, interns, contractors, volunteers or employees by another employee, supervisor, customer, client, vendor or other third party in all aspects of the employment relationship including: recruitment, hiring, placement, promotion, transfer, training, compensation, benefits, activities, access to programs and treatment. This policy is one component of the Company’s commitment to a discrimination-free work environment.

SEXUAL HARASSMENT DEFINED

Sexual harassment is a form of sex discrimination that violates Company policy and is unlawful under federal, state, and local law (as applicable). Sexual harassment includes:

  1. Unwelcome advances and/or unwelcome conduct which are either of a sexual nature or which are directed at an individual because of that individuals’ sex or gender (including pregnancy, childbirth and related medical conditions), gender identity or gender expression (including transgender status), and/or sexual orientation, or

  2. Requests for sexual favors or conduct of a sexual nature when:

    • submission to that conduct or those advances or requests is made either explicitly or implicitly a term or condition of an individual's employment; or

    • submission to or rejection of the conduct or advances or requests by an individual is used as the basis for employment decisions affecting the individual; or

    • the conduct or advances or requests have the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment, even if the individual is not the intended target.

Sexual misconduct means any behavior of a sexual nature which also involves coercion, abuse of authority, or misuse of an individual’s employment position.

Sexual harassment can be verbal (e.g., jokes, insults, gestures or teasing), visual (e.g., offensive posters, symbols, cartoons, drawings, computer displays, text messages, social media posts or e-mails) or physical conduct (e.g., unwanted touching, physically threatening another) that denigrates or shows hostility or aversion towards an individual based on sex or gender, gender identity, gender expression and/or sexual orientation. Sexual harassment can occur between any individuals, regardless of their sex or gender. Sexual harassment is not limited to the physical workplace. It can occur while traveling on Company business or at employer sponsored events. Calls, texts, e-mail, and social media may constitute unlawful workplace harassment, even if they occur away from workplace premises, on personal devices, or during non-work hours.

Examples of conduct that violate this policy include:

  • unwelcome sexual advances, flirtations, advances, leering, whistling, touching, pinching, assault, blocking normal movement

  • requests for sexual favors or demands for sexual favors in exchange for favorable treatment

  • obscene or vulgar gestures, posters, or comments

  • sexual jokes, noises, or comments about a person’s body, sexual prowess, sexuality, sexual experience, or sexual deficiencies

  • propositions, or suggestive or insulting comments of a sexual nature

  • derogatory cartoons, posters, and drawings

  • sexually-explicit emails, text messages, posts or voicemails

  • conversation about one’s own or someone else’s sex life

  • conduct or comments consistently targeted at only one gender, even if the content is not sexual

  • teasing, bullying, or other conduct directed toward a person because of the person’s gender, including sabotaging or interfering with an individual’s work

  • sex stereotyping, which is when conduct or personality traits are considered inappropriate simply because they may not conform to other people’s ideas or perceptions about how individuals of a particular sex should act or look

RETALIATION DEFINED

Retaliation is adverse conduct taken because an individual reported an actual or perceived violation of this policy, opposed practices prohibited by this policy, participated in the reporting and investigation process set forth in this policy or testified or assisted in an investigation or proceeding involving an actual or perceived violation of this policy. Adverse conduct includes, but is not limited to any action that would keep an employee from reporting sexual harassment or retaliation; shunning and avoiding an individual who reports sexual harassment or retaliation; express or implied threats or intimidation intended to prevent an individual from reporting sexual harassment or retaliation; and denying employment benefits because an applicant or employee reported or encouraged another employee to report sexual harassment or retaliation or participated in the reporting and investigation process. Retaliation against an individual who makes a good faith complaint about discrimination or harassment, or participates or assists in an investigation of such conduct, is strictly prohibited and may result in disciplinary action up to and including termination.

REPORTING PROCEDURE

The Company cannot prevent sexual harassment unless it knows about it. If an employee believes someone has violated this policy, the employee should promptly bring the matter to the immediate attention of their supervisor, human resources or any member of management with whom the employee feels comfortable. Reports of sexual harassment may be made verbally or in writing. Written complaints can be submitted internally using the Jitjatjo Harassment Complaint Form (complaint form). The complaint form can be accessed on the Jitjatjo Flex app. in the Help Center. If the employee makes a complaint under this policy and has not received a satisfactory response within three (3) business days, the employee should contact Human Resources immediately at HR@jitjatjo.com..

Every supervisor who learns of any employee’s concern about conduct in violation of this policy, whether in a formal complaint or informally, must immediately report the issues raised to Human Resources. Supervisors who fail to report suspected sexual harassment or who knowingly allowed sexual harassment to continue will be subject to discipline, up to and including termination of employment.

INVESTIGATION PROCEDURE

Upon receiving a complaint, the Company will timely conduct a fair and thorough investigation into any claim of a violation of this policy to ensure due process for all parties. The Company will endeavor to keep the reporting employee’s concerns confidential. However, complete confidentiality may not be possible in all circumstances. Employees are required to cooperate in investigations conducted pursuant to this policy.

During the investigation, the Company generally will interview the complainant and the accused, conduct further interviews as necessary and review documents or other information the investigator believes are relevant.

Upon completion of the investigation, the Company will determine whether this policy has been violated based upon its reasonable, good-faith evaluation of the information gathered during the investigation. The Company will inform the complainant and the accused of the results of the investigation.

Any employee found to have engaged in conduct in violation of this policy will be considered to have engaged in employee misconduct. Individuals who violate this policy (which includes supervisory or management personnel who fail to report or knowingly allow sexually harassing behavior to continue) will be subject to disciplinary action, up to and including termination from employment. Individuals who engage in conduct that rises to the level of a violation of law can be held personally liable for such conduct.

Aside from the internal complaint process, employees may choose to pursue external legal remedies. Please see more specific information below regarding governmental entities that accept complaints:

PREVENTION TRAINING

All employees are required to complete (1) sexual harassment prevention training annually, with at least one hour of training required for employees and a minumum of two hours for managers and supervisors, plus (2) one hour of “bystander training” for all employees annually.

Required training hours may vary by state, however, the minimum required training amount is one hour.

STATE SUPPLEMENTS

CONNECTICUT

Individuals who engage in acts of sexual harassment may be subject to criminal and civil penalties. Remedies for sexual harassment may include cease and desist orders, back pay, compensatory and emotional distress damages, hiring, promotion, or reinstatement. Complaints may also be filed with the Connecticut Commission on Human Rights and Opportunities at 1-800-477-5737 or online at www.ct.gov/CHRO or the Equal Employment Opportunity Commission at www.eeoc.gov.

DISTRICT OF COLUMBIA

DC, Maryland, and Virginia

Office of Human Rights

441 4th Street NW, Suite 570 North, Washington, DC 20001

Phone: (202) 727-4559

Fax: (202) 727-9589

TTY: 711

Email: ohr@dc.gov

Equal Employment Opportunity Commission www.eeoc.gov

ILLINOIS

Retaliation against an individual for reporting sexual harassment is illegal in the city of Chicago.

Illinois Department of Human Rights (IDHR)

100 West Randolph Street

10th Floor

Intake Unit

Chicago, IL 60601

(312) 814-6200

(866) 740-3953 (TTY)

Email: IDHR.webmail@illinois.gov

Chicago Commission of Human Relations (CCHR) www.chicago.gov/city/en/depts/cchr.html

740 North Sedgwick Street

Suite 400

Chicago, IL 60654

(312) 744-4111

(312) 744-1088 (TTY)

Equal Employment Opportunity Commission www.eeoc.gov

NEW YORK/NEW YORK CITY

New York law protects employees, paid or unpaid interns, and non-employees, including independent contractors, and those employed by companies contracting to provide services in the workplace.

Bystanders. A “bystander” is a person who witnesses sexual harassment. Bystanders can help their colleagues to avoid or end sexual harassment. This section talks about how bystanders can help to stop sexual harassment – managers and supervisors must take action if they believe sexual harassment has occurred. If they are comfortable doing so, bystanders can confront harassers, tell harassers their conduct is unacceptable, interrupt the situation to end the immediate harassment, document harassment to assist in an investigation, or report harassment to Human Resources. Bystanders can help create a harassment-free workplace; for instance, the New York City Commission on Human Rights reports that “96% of organizations see progress when men support gender equality” at work. If you witness sexual harassment, consider how you can help.

Employees do not need an attorney to file a complaint with these agencies:

New York State Division of Human Rights (DHR)

The DHR enforces the New York State Human Rights Law (HRL), codified as N.Y. Executive Law, art. 15, § 290 et seq., which protects employees, paid or unpaid interns and non-employees regardless of immigration status from unlawful discrimination, harassment or retaliation. The DHR has the power to award relief, which varies but may include requiring an employer to take action to stop the harassment, or redress the damage caused, including paying monetary damages, attorney’s fees and civil fines. Complaints may be filed within three years of the harassment.

DHR’s main office contact information is:

NYS Division of Human Rights

One Fordham Plaza, Fourth Floor

Bronx, New York 10458

(718) 741-8400

www.dhr.ny.gov

Individuals also may contact the DHR at (888) 392-3644 or visit dhr.ny.gov/complaint for more information.

Local Agencies

Many localities enforce laws protecting individuals from sexual harassment and discrimination. An individual should contact the county, city or town in which they live to find out if such a law exists. For example, employees who work in New York City (including any of the five boroughs) can file complaints of sexual harassment with the New York City Commission on Human Rights. It has a physical location in each of the five boroughs. For example, the Manhattan location is located at 22 Reade Street, First Floor, New York, NY 10007; 212-306-7450; https://www1.nyc.gov/site/cchr/index.page).

Federal Agency

United States Equal Employment Opportunity Commission (EEOC)

The EEOC enforces federal anti-discrimination laws, including Title VII of the 1964 federal Civil Rights Act (codified as 42 U.S.C. § 2000e et seq.). If an employee believes they has been subjected to harassment, they can file a “Charge of Discrimination.” The EEOC has district, area, and field offices where complaints can be filed. The EEOC does not hold hearings or award relief, but may take other action including pursuing cases in federal court on behalf of complaining parties. Federal courts may award remedies if discrimination is found to have occurred. Complaints may be filed within 300 days of the harassment.

The EEOC can be contacted by calling 1-800-669-4000 (1-800-669-6820 (TTY)), visiting its website at www.eeoc.gov or via email at info@eeoc.gov.

Contact the Local Police Department

If the harassment involves unwanted physical touching, coerced physical confinement or coerced sex acts, the conduct may constitute a crime. Contact the local police department or, in an emergency, dial 911.

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