Employee Conduct

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OBJECTIVES

Understanding the Company’s Employee Conduct Policy, Complaint Procedure, and Retaliation Policy.

Know what to do to prevent all types of harassment in the workplace.

OUR EMPLOYEE CONDUCT POLICY

The Company strictly prohibits any form of unlawful or improper employee heavier based on race, religion, sex, national origin, age, disability, sexual orientation, or status in any other group protected by federal, state, or local law. Improper interference with the ability of our employees to perform their expected job duties will not be tolerated and will lead to immediate disciplinary action, up to and including termination.

With respect to harassment, the Company specifically prohibits the following, but does not limit prohibited behaviors to the following list:

Unwelcome sexual advances, requests for sexual favors and all other verbal or physical conduct of a sexual or other offensive nature, especially, but not only, where:

submission to such conduct is made either explicitly or implicitly a term or condition of employment
submission to or rejection of such conduct is used as the basis for decisions affecting an individual’s employment; or
such conduct has the purpose or effect of creating an intimidating, hostile, or offensive work environment

Offensive comments, jokes, innuendoes, and other sexually-oriented statements. Examples of the types of conduct expressly prohibited by this policy include; but are not limited to, the following:

touching, such as rubbing or massaging someone's neck or shoulders, stroking someone's hair, or brushing against another’s body;
sexually suggestive touching;
grabbing, groping, kissing, fondling;
lewd, off-color, or sexually-oriented comments or jokes;
foul or obscene language;
leering, staring, or stalking;
suggestive or sexually-explicit posters, calendars, photographs, graffiti, or cartoons;
sexually-orientated or explicit remarks, including comments about someone’s dress or body;
questions about one’s sex life or experience;
repeated requests for dates

COMPLAIN PROCEDURE

All employees are responsible for creating an atmosphere free of discrimination and harassment, sexual or otherwise. Further, all employees are responsible for respecting the rights of their co-workers.

Any employee who believes they have experienced any job-related discrimination or harassment based on their race, religion, sex, national origin, age, disability, sexual orientation, or any other protected factor, or otherwise believe that he or she has been treated in an unlawful, discriminatory manner, must promptly report the incident to one or more of the following individuals:

The complaint will be kept confidential to the maximum extent practically possible or legally permissible.

Complaints of discrimination or harassment will be investigated promptly and in as impartial and confidential a manner as possible. Employees are required to participate in any investigation. We will strive to reach a timely resolution of each complaint.

If the Company determines that an employee has been discriminated against or harassed another individual in violation of this policy, appropriate disciplinary action will be taken against the offending employee, up to and including termination of employment.

Employer reserves the right to require employee to attend sensitivity training or other remedial methods in the event that employee's conduct requires such training or instruction.

RETALIATION

The Company prohibits any form of retaliation against any employee for filing a complaint under this policy or for assisting in a complaint investigation. If an employee believes that he or she has been retaliated against for filing a complaint or assisting in an investigation, the employee should immediately report the situation pursuant to the above procedure.

Retaliation complaints will be investigated pursuant to this procedure. If the Company determines that an employee has retaliated against another individual in violation of this policy, appropriate disciplinary action will be taken against the offending employee, up to and including termination of employment.

ANTI-HARASSMENT

WHAT IS WORKPLACE HARASSMENT?

Harassment is a behavior, and we are responsible for our own behavior and its consequences.

We each have the responsibility to treat other with respect. If you stay aware of your responsibility and assert your rights to a respectful work environment, you will have taken an important step toward eliminating harassment.

Harassment of any kind is bothersome, demeaning, irritating, and annoying behavior. Most harassment is simply disrespectful behavior towards others. The involved parties can be men or women, managers, employees, co-workers, guests or vendors. We all suffer when our workplace tolerates abusive and demeaning behavior.

THE LAWS GOVERNING WORKPLACE HARASSMENT AND DISCRIMINATION

Unlawful harassment is a form of discrimination that violates Title VII of the Civil Rights Act of 1964 and other federal and state authorities.

Unwelcome verbal or physical conduct based on race, color, religion, sex (whether or not of a sexual nature and including same-gender harassment and gender identity harassment), national origin, age (40 and over), disability (mental or physical), sexual orientation, or retaliation (sometimes collectively referred to as “legally protected characteristics” constitutes harassment when:

The conduct is sufficiently severe or pervasive to create a hostile work environment; or

A supervisor’s harassing conduct results in a tangible change in an employee’s employment status or benefits (for example: demotion, termination, failure to promote, etc..).

THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC) DEFINES SEXUAL HARASSMENT IN THE WORKPLACE AS:

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment,

Submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting such individual, or

Such conduct has the purpose or effect of unreasonable interfering with an individual’s work performance or creating an intimidating hostile or offensive working environment.

STATE LAWS HAVE SIMILAR PROHIBITIONS AGAINST DISCRIMINATION AND HARASSMENT

Mot states have corresponding laws that prohibits discrimination and sexual harassment.

Several states also protect employees against discrimination by employers for the additional categories: marital status, mental or physical abnormality, temporary medical conditions, ancestry, arrest/conviction records, genetic testing, sexual orientation, and taking part in lawful activities outside the work environment that are otherwise lawful (i.e. smoking or “moonlighting”).

TWO TYPES OF WORKPLACE HARASSMENT ARE RECOGNIZED BY THE COURTS

QUID PRO QUO

Quid Pro Quo literally translates as “this for that.” This type of harassment happens when supervisors demand sexual favors in return for promotions, pay increases, or continuous employment for the employee. Elements of Quid Pro Quo are as follows:

Employee was subject to unwelcome sexual advances, requests for sexual favors and/or other verbal or physical conduct of sexual nature.

The basis for the complaint was sex.
His/her submission to the unwelcome advances was either an express or implied condition for receiving job benefits or that the employee’s refusal to submit to the supervisor’s sexual demands resulted in tangible job detriment.

HOSTILE WORK ENVIRONMENT

A hostile work environment occurs when unwelcome comments or conduct based on sex, race, religion, color, age, disability, sexual orientation or gender identity, national origin, or other legally protected characteristics unreasonable interferes with an employee’s work performance, or creates an intimidating, hostile or offensive work environment. Hostile work environment can by supervisors, co-workers, subordinates, vendors, or guests.

WORKPLACE HARASSMENT IS:

Unwelcome sexually-related comments about a person’s gender, anatomy or characteristics

Sexual propositions
Embarrassing questions or jokes
Repeated requests for dates
Sexually offensive or suggestive language
Threats or physical harm
Unwelcome touching

WHAT WORKPLACE HARASSMENT IS NOT:

Normal, friendly interactions

Behavior that would not offend a reasonable person

WHERE HARASSMENT CAN OCCUR:

Anywhere at work

Away from work, on business or a company sponsored event

Anywhere co-workers interact with each other or with supervisors

DON’T BE AFRAID TO SPEAK UP

Not sure what workplace harassment is:

Some people are reluctant to complain because they are unfamiliar with the law. They think, “That’s just the way it is.” This is one reason why workplace harassment training prevention is important for all employees.

Don’t want to make waves:

Some people don’t like the harassment, but they like the harasser enough that they don’t want him/her to get in trouble or possibly lose his or her job. Employees may not want to upset things or be viewed as a troublemaker. Managers can help fight this attitude by being fair and consistent and prohibiting retaliatory behavior against anyone involved in a complaint.

Embarrassment

Some people are inherently shy or embarrassed to talk about behavior of a sexual or harassing nature. Management should ensure postings with the name and number of the Director of Employee Relations and Field HR or Regional People Services Manager are posted in a conspicuous location so employees have the option to contact another person.

Afraid they won’t be believed

Some people are afraid that their complaint won’t be taken seriously, or will be dismissed with a saying like “Boys will be boys.” The Company recognizes that it may have taken a great deal of effort for this individual to get up the courage to come forward. Therefore, the Company promises to listen to the employee and treat his or her complaint seriously.

Afraid there will be repercussions

Some people fear that if they complain they may face some sort of retaliation. Retaliation is illegal, against Company policies, and is never tolerated.

WHO CAN BE GUILTY OF WORKPLACE HARASSMENT?

Owners, managers, supervisors

When many people think of harassment hey automatically think of owners, managers, and supervisors who abuse their positions. This is usually what happens in cases of quid pro quo harassment. However, most harassment complaints involve a hostile work environment where other employees participate or are aware of the alleged offensive conduct.

Salaried and hourly employees

Because employees interact with each other more than anyone else while at work, there is a greater opportunity to create a hostile work environment among co-workers. It makes no difference whether the employees are salaried, hourly, full-time, or part-time.

Guests

Unwelcome touching, lewd remarks, or other offensive behavior by guests can constitute sexual harassment, particularly if it is allowed to continue unchecked. If an employee brings such a situation to the attention of a manager or supervisor, managers, will deal with the situation immediately and efficiently. The guest isn't always right if it involves abusing employees.

Suppliers, vendors, contractors, consultants

People who are not employees, but are working on Company premises can also be guilty of sexual harassment. This includes people who are delivering goods, vendors, and contractors such as electricians or plumbers, and others.

Men and women

When discussing harassment, most people think of men harassing women. In today's culture however, both men and women can be guilty of harassing members of the opposite sex or members of the same sex.

Harassers can be the same sex as the victim/

The Supreme Court ruled that harassment is not limited to harassment by the opposite sex. Men scan’ be guilt of harassing other men, and women can be guilty of harassing other women sex or members of the same sex.

IT IS EVERYONE’S RESPONSIBILITY TO PREVENT HARASSMENT

In order to clearly communicate the Company’s Employee Conduct Policy to all employees and to place the Company in the best position to defend against a harassment claim; please make certain that each of the following are in effect at your restaurant(s).

Know and understand the Company’s Employee Conduct Policy, Complain Procedure, and Retaliation Policy
.

Make the Policies known and understood by all employees.

Set an example of appropriate conduct by your own actions.

Use the Company’s written grievance/complaint procedure when a complaint is made. Witnesses or victims who experience unwanted sexual advances or conduct of a sexual nature should contact a manager immediately.

Keep the matter confidential and report any retaliation.

THE BEST PREVENTION POLICY IS A STRONG, CONSISTENT EXAMPLE FROM MANAGEMENT

The Company wants to keep the work environment productive and fun, while respecting the rights of all employees. The Company expects the professional management members to create a positive, exciting, and fun atmosphere without sexual jokes, innuendoes, offensive comments, and offensive language.

Employee’s who are uncertain about what sorts of behavior are acceptable, should consider the following:

Does the action reflect the sentiment in our Message,

Does the action reflect a basic consideration and respect for the other person’s feelings?

Would you like or want someone to direct the same action or words at your:

SPOUSE OR PARTNER	CHILD	PARENT
SELF	BOYFRIEND / GIRLFRIEND

If you have any questions about the acceptability of a particular behavior, then do not do it, say it, etc...the statement “I didn’t mean anything by it,” or, “I was just joking,” is NOT a valid defense of harassing behavior.

Be consistent in how you approach issues—you must treat like situations alike—focus on the behavior, not the person doing the behavior.

KEY IDEAS AND DEFINITIONS

Harassment—any verbal or physical conduct that denigrates or shows hostility or aversion toward an individual, or hi/her family because of their sex, sexual orientation or gender identity, race, color, religion, gender, national origin, age or disability.

Sexual Harassment—encompasses not only harassment that is sexual in nature, but also includes harassment based on gender bias.

Standard for Determining Harassment—whether a “reasonable person or woman in the same or similar circumstances” would consider the behavior intimidating, hostile or abusive.

Reasonable Person Standard—considers the perspective of any person who shares the victim’s sex, sexual orientation or gender identity, race, color, religion, gender, national origin, age or disability.

Harassing Conduct—unwelcome conduct, including but not limited to: jokes, nicknames, stories, slurs, negative stereotyping, threats, hostile acts, hostile written material, and hostile graphic material.

Employer Liability—An employer can be held liable for the behavior of an employee or a non-employee, if the employer knows or should have known of the behavior and does nothing about it.

Retaliation—even if an employee has filed a meritless EEOC charge or lawsuit, the employee may nevertheless successfully pursue a retaliation claim if the employer has deliberately engaged in retaliatory conduct.

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CAREER INFORMATIONAL eBOOK

EMPLOYEE CONDUCT