Harassment, Discrimination, and Retaliation

The Company is committed to treating all employees with respect and dignity and believes that its employees deserve a workplace that is safe and free from harassment or other discrimination.

In keeping with this commitment, the Company maintains a strict policy prohibiting all forms of unlawful harassment and discrimination, including sexual harassment.

Harassment or intimidation based on age, color, marital status, national origin, citizenship status, race, color, religion, creed, sex, sexual orientation, disability, medical condition, genetic information, military or veteran status ancestry, gender (including gender identity and gender expression), transgender status, domestic partner status, disability, medical condition, AIDS/HIV status, height, weight, domestic violence victim status, criminal history or any other legally protected category is strictly prohibited (including those listed in the Equal Employment Opportunity section above). This policy applies to all Company employees.

Under this policy, harassment is: verbal or physical conduct that denigrates, shows hostility or aversion to an individual because of his/her age, color, marital status, national origin, citizenship status, race, color, religion, creed, sex, sexual orientation, disability, medical condition, genetic information, military or veteran status ancestry, gender (including gender identity and gender expression), transgender status, domestic partner status, disability, medical condition, AIDS/HIV status, height, weight, domestic violence victim status, criminal history or any other characteristic protected by law and that: (i) has the purpose or effect of creating an intimidating, hostile, or offensive work environment; (ii) has the purpose or effect of unreasonably interfering with an individual’s work performance; or (iii) otherwise adversely effects an individual’s employment.

Sexual harassment is offensive, a violation of our policies, and a form of employee misconduct. Employees of every level, including managers and supervisors, who engage in sexual harassment, or who allow such behavior to continue, will be disciplined for such misconduct, in accordance with this policy.

This policy, as well as New York State law, applies to all employees, applicants for employment, interns (paid or unpaid), non-employees, and persons conducting business with the Company, regardless of immigration status (“Covered Individuals”). A non-employee is someone who is (or who is employed by) a contractor, subcontractor, vendor, consultant, intern (paid or unpaid), or anyone providing services in the workplace. Notwithstanding the application of this policy to such individuals, nothing herein creates an employment relationship.

Unlawful sexual harassment is not limited to the physical workplace itself. It can occur, for example, while Covered Individuals are traveling for business or at employer-sponsored events or parties. Calls, texts, emails, and social media usage by Covered Individuals can constitute unlawful workplace harassment, even if they occur away from the workplace, on personal devices, or outside of work hours.

Sexual harassment is a form of sex discrimination and is unlawful under federal, state, and local laws. Sexual harassment includes harassment on the basis of sex, sexual orientation, self-identified or perceived sex, gender expression, gender identity, and/or the status of being transgender.

Sexual Harassment is includes unwelcome conduct that is either of a sexual nature or directed at an individual because of that individual’s sex when:

• Submission to such conduct is made either explicitly or implicitly 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 such individual; or

• Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive work environment, even if the reporting individual is not the intended target of the sexual harassment.

A sexually harassing hostile work environment includes, but is not limited to, words, signs, jokes, pranks, intimidation, or physical violence that is of a sexual nature or directed at an individual because of that individual’s sex. Sexual harassment also consists of any unwanted verbal or physical advances, sexually explicit derogatory statements, or sexually discriminatory remarks made by someone that are offensive or objectionable to the recipient, that cause the recipient discomfort or humiliation, and/or that interfere with the recipient’s job performance.

It is important to know that sexual harassment can occur between any individuals, regardless of their sex or gender.

A harasser can be a superior, a subordinate, a coworker, or anyone in the workplace, including an independent contractor, contract worker, vendor, client, customer, or visitor.

Sexual harassment may be a single incident or a series of harassing acts. Any harassing conduct, even a single incident, may be addressed under this policy.

Examples of unacceptable behavior, and that are strictly prohibited, include but are not limited to:

• Verbal statements, such as:

  • Making lewd or sexual comments about an individual’s appearance, body, or style of dress;

  • Making sexist remarks or derogatory comments based on gender; or

  • Using sexually offensive language.

• Physical acts of a sexual nature, such as

  • Engaging in inappropriate physical contact or overly familiar touching;

  • Touching, pinching, patting, kissing, hugging, grabbing, brushing against another person’s body, or poking another person’s body; or

  • Rape, sexual battery, or molestation, or any attempt to commit these acts.

• Unwanted sexual advances or propositions, such as:

  • Requesting a sexual relationship or repeatedly requesting a dating relationship;

  • Requests for sexual favors accompanied by implied or overt threats concerning the target’s job performance evaluation, a promotion, or other job benefits or detriments; or

  • Subtle or obvious pressure for unwelcome sexual activities.

• Supervisory personnel dating or having a sexual relationship with anyone directly or indirectly in their line of supervision;

• Sexual or discriminatory displays or publications anywhere in the workplace, such as:

  • Displaying pictures, posters, calendars, graffiti, objects, promotional material, reading materials, or other materials that are sexually demeaning or pornographic; or

  • Sexual displays on workplace computers or cell phones and sharing such displays while in the workplace.

• Sexually oriented gestures, noises, remarks, jokes, or comments about a person’s sexuality or sexual experience that create a hostile work environment.

• Sex stereotyping, which may occur when conduct or personality traits are considered inappropriate because they may not conform to ideas or perceptions about how individuals of a particular sex should act or look;

• Hostile actions taken against an individual because of that individual’s sex, sexual orientation, gender identity, or the status of being transgender, such as:

  • Interfering with, destroying, or damaging a person’s workstation, tools, or equipment, or otherwise interfering with the individual’s ability to perform the job;

  • Sabotaging an individual’s work; or

  • Bullying, yelling, or name-calling because of sex, sexual orientation, gender identity, and/or the status of being transgender.

These behaviors will not be tolerated under any circumstances, regardless of whether or not the behavior is intended to be offensive. The legal definition of sexual harassment under federal, state, and local law is broad and, in addition to the above examples, other sexually oriented conduct, whether or not it is intended, that is unwelcome and has the effect of creating a work place environment that is hostile, offensive, intimidating, or humiliating may also constitute sexual harassment.

Furthermore, no supervisor shall threaten or insinuate that an individual’s submission to or rejection of sexual advances will influence any employment decisions regarding that individual such as hiring, firing, salary, promotions, assignments, work hours, or disciplinary action. This is also called “quid pro quo” harassment.

If you experience unlawful harassment or sexual harassment or become aware of potential unlawful harassment or sexually harassing activity, including work-related harassment by the Company personnel or any other person, please immediately contact your supervisor, Kyle Block, or Stefan Musch. Anyone who witnesses or becomes aware of potential instances of sexual harassment should report such behavior to a supervisor, manager, Kyle Block, or Stefan Musch. All allegations of harassment or discrimination will be promptly and thoroughly investigated. If you are uncomfortable speaking to your supervisor, Kyle Block, or Stefan Musch, you may also address your concerns with a member of management. Reports of sexual harassment or any other type of harassment may be made verbally or in writing.

It is every supervisor’s responsibility to prevent offensive behavior in the workplace, including sexual harassment. Therefore, if a supervisor becomes aware of a potential harassment situation, they must report the matter immediately with , Kyle Block or Stefan Musch so the issue can be promptly and thoroughly investigated.

A supervisor’s or manager’s failure to report such conduct may result in disciplinary action, up to and including termination of employment. Supervisors and managers may also be subject to disciplinary action if they engage in, or in any way condone, sexually harassing conduct. Supervisors and managers will also be subject to discipline, up to and including termination of employment, for engaging in retaliation.

Harassment complaints will be kept confidential by management, Kyle Block, and Stefan Musch to the maximum extent possible. Information will only be shared on a need to know basis necessary to conduct an investigation; however, others involved in the complaint will be notified and will have an opportunity to defend themselves. The investigation will be conducted in a way that is fair to everyone involved.

All allegations (whether submitted verbally or in writing) of harassment or discrimination will be promptly and thoroughly investigated. An investigation of any complaint, information, or knowledge of suspected sexual harassment will be prompt and thorough, and the Company will strive to complete its investigation in a timely manner. Information will be shared on a need-to-know basis only; however, others named or who may have information about the complaint will be notified and will have an opportunity to supply relevant information. The investigation will be conducted in a way that is impartial and fair to all participants.

All Covered Individuals are required to cooperate in an investigation of suspected sexual harassment. Covered Individuals who participate in any investigation will not be retaliated against. While the process may vary from case to case, investigations will generally be completed in accordance with the following steps:

• Upon receipt of complaint, Kyle Block or Stefan Musch will conduct an immediate review of the allegations, and may take any interim actions, as appropriate.

• Kyle Block or Stefan Musch will request and review relevant documents, including electronic communications and phone records and will take appropriate steps to preserve such information as relevant to the investigation in a secure and confidential location.

• Kyle Block or Stefan Musch will interview necessary and relevant parties involved, including any relevant witnesses.

• Kyle Block or Stefan Musch will create memorializing the investigation and the basis for the decision, together with any corrective action(s).

Upon completion of the investigation, a determination will be made as to whether the conduct at issue violates the policy, and/or the nature of the disciplinary action or other corrective measures, if any, to be imposed. Human Resources will notify the reporting individual and the individual(s) about whom the complaint was made, and any corrective actions will be implemented promptly.

Employees found to be in violation of this policy will be subject to disciplinary action up to and including termination of employment. Knowingly making a false claim of harassment or discrimination may also lead to discipline, up to and including termination of employment.

The Company strictly prohibits retaliation against anyone who reports, in good faith, an incident of sexual harassment, provides information about suspected sexual harassment, or otherwise assists or participates in any investigation of a sexual harassment complaint. Any Covered Individual who believes that they have been subject to retaliation should immediately report such conduct to a Company supervisor, manager, Kyle Block, or Stefan Musch. Specific reporting contact options and information is provided below.

No Covered Individual will be subject to adverse action because they report, in good faith, an incident of sexual harassment, provides information, or otherwise assists in any investigation of a sexual harassment complaint.

Any employee of the Company retaliates against anyone involved in a sexual harassment investigation will be subject to disciplinary action, up to and including termination of employment.

Retaliation is unlawful under federal, state and applicable local law, as well as the Company’s policy. The Company prohibits any adverse action (which need not be job related) or any action that is likely to deter a person from engaging in protected activity. Protected activity occurs when an individual has, in good faith:

• Made a complaint of sexual harassment, either internally or with any anti-discrimination agency;

• Testified or assisted in a proceeding involving sexual harassment under any federal, state or local anti-discrimination law;

• Opposed sexual harassment by making a verbal or informal complaint to management, or by simply informing a supervisor or manager of harassment;

• Reported that another employee has been sexually harassed; or

• Encouraged a fellow employee to report harassment.

Even if the alleged harassment does not turn out to rise to the level of a violation of law, the individual is protected from retaliation if the person had a good faith belief that the practices were unlawful. However, this anti-retaliation provision does not protect persons making intentionally false charges.

The local, state and federal governments have agencies whose purpose is to address unlawful discrimination in the workplace. If you believe you have been harmed by an unlawful practice, or are not satisfied with the Company’s response to the problem, you may file a complaint with a government agency or in court under federal, state or local antidiscrimination laws.

Sexual harassment is not only prohibited by the Company, but it is also prohibited by state, federal, and, where applicable, local law. Aside from the internal process at the Company, Covered Individuals may choose to pursue legal remedies with the following governmental entities.

The HRL, codified as N.Y. Executive Law, art. 15, § 290 et seq., applies to employers in New York State with regard to sexual harassment, and protects all Covered Individuals, regardless of immigration status. A complaint alleging violation of the HRL may be filed either with New York State Division of Human Rights (“DHR”) or in court.

Complaints may be filed with the DHR within one year of the harassment. If an individual did not pursue remedies before the DHR, he or she may file a lawsuit under the HRL within three years of the alleged harassment. An individual may not file with DHR if he or she has already filed an HRL complaint in court. The one year or three years is counted from date of the most recent incident of harassment. Complaining internally to the Company does not extend your time to file with DHR or in court.

You do not need an attorney to file a complaint with the DHR, and there is no cost to file with DHR. The DHR will investigate your complaint and determine whether there is probable cause to believe that sexual harassment has occurred. Probable cause cases are forwarded to a public hearing before an administrative law judge. If sexual harassment is found after a hearing, the DHR has the power to award relief, which varies but may include requiring the Company to take action to stop the harassment, or redress the damage caused, including paying of monetary damages, attorney’s fees, and civil fines.

DHR’s main office contact information is: NYS Division of Human Rights, One Fordham Plaza, Fourth Floor, Bronx, New York 10458. You may call (718) 741-8400 or visit www.dhr.ny.gov. You may also contact DHR at (888) 392-3644 or visit dhr.ny.gov/complaint for more information about filing a complaint. The website also contains contact information for the DHR’s regional offices across New York State.

The United States Equal Employment Opportunity Commission (“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. In New York State, an individual may file a complaint with the EEOC within 300 days from the harassment. There is no cost to file a complaint with the EEOC. The EEOC will investigate the complaint, and determine whether there is reasonable cause to believe that discrimination has occurred, at which point the EEOC will typically issue a Right to Sue letter permitting the individual to file a complaint in federal court.

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 sexual harassment is found to have occurred.

An employee alleging sexual harassment at work may file a “Charge of Discrimination” with the EEOC. The EEOC has district, area, and field offices where complaints can be filed. The EEOC may be reached by calling 1-800-669-4000 (TTY: 1-800-669-6820), visiting its website at www.eeoc.gov, or via email at info@eeoc.gov.

If an individual filed an administrative complaint with the DHR, it will file the complaint with the EEOC to preserve the right to proceed in federal court.

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, individuals who work in New York City may file complaints of sexual harassment with the New York City Commission on Human Rights (“NYCCHR”). The NYCCHR’s Law Enforcement Bureau is located at 40 Rector Street, 10th Floor, New York, New York 10006, and may be reached by calling 311 or (212) 306-7450, or visiting its website at https://www1.nyc.gov/site/cchr/index.page.

While a private attorney is not required to file a complaint with a governmental agency, you may seek the legal advice of an attorney.

**Local Police Department
**If the harassment involves unwanted physical touching, coerced physical confinement, or coerced sex acts, the conduct may constitute a crime. In such an instance, you may contact the local police department.

If you work for the Company outside of New York, please contact your local state agency and/or the nearest EEOC office.

Each of the agencies listed above can conduct impartial investigations, facilitate conciliation. If it finds that there is probable cause or reasonable grounds to believe sexual harassment occurred, it may take the case to court or a hearing. In addition, if, after an investigation and hearing, any of these agencies finds that unlawful discrimination has occurred, depending on the circumstances, the agency may also award relief, which varies but may include requiring action to stop the harassment, or redress the damage caused, including paying monetary damages, attorney’s fees and civil fines.

Employees are protected by law from retaliation by their employer for opposing unlawful discriminatory practices, for filing a complaint with the state agency or EEOC, or for otherwise participating in any proceedings conducted by either of these agencies.