Equal Employment Opportunity, Non-Discrimination

Equal Employment Opportunity, Non-Discrimination

and Non-Harassment Policy

Effective August 1, 2001; Updated June 15, 2005

The Company has a strong commitment to maintaining a working environment that respects individual rights and dignity. The Company will make all employment-related decisions (including recruiting, hiring, training, compensation, promotion, demotion, transfer, lay-offs and return from lay-offs, discipline, termination and administration of policies/programs) without regard to race, color, sex, religion, age, disability, national origin, veteran status, military status, sexual orientation, gender identity or any other characteristic protected by law.

The Company will not tolerate and prohibits: (1) discrimination against any employee over any term or condition of employment based on race, color, sex, religion, age, disability, national origin, veteran status, military status, sexual orientation, gender identity or any other characteristic protected by law, and (2) harassment of any employee, or non-employee on Company premises, for any reason, including race, color, sex, religion, age, disability, national origin, veteran status, military status, sexual orientation, gender identity or any other characteristic protected by law whether committed by a manager/supervisor, co-worker or non-employee. The Company also will not tolerate and prohibits any form of retaliation against a person because he/she has made a discrimination or harassment complaint, or participated in a discrimination or harassment investigation.

Prohibited sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature 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 the basis for employment decisions affecting an 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 working environment.

Every employee must exercise his/her own good judgment to avoid engaging in conduct that may be perceived by others as harassment. Examples of prohibited conduct include, but are not limited to:

• verbal conduct (whether oral, written or e-mail), sexual innuendoes, racial or sexual epithets, derogatory slurs, off-color jokes, propositions, threats, or suggestive or insulting sounds.
• visual/non-verbal conduct: offensive or derogatory posters, cartoons or drawings, suggestive objects or pictures, graphic commentaries, leering or obscene gestures.
• physical conduct: unwanted touching, interference with an individual's normal work movement or assault.

Any employee who believes that he/she has been subjected to discrimination or harassment must immediately report it to his/her supervisor or (especially if the offending person is the supervisor) to an appropriate human resources manager or representative, or to OpenTalk via telephone at 1-800-225-6141 or by e-mail at the link below. Any employee who witnesses or is otherwise aware of discrimination or harassment involving others must report it to his/her supervisor, human resources manager or representative or to OpenTalk. Supervisors/managers to whom discrimination or harassment has been reported must notify the appropriate human resources manager. Because the Company's goal is to prevent situations from becoming severe or pervasive, an employee should not wait until discriminatory or harassing conduct becomes severe or pervasive before reporting it.

When an employee complains of discrimination or harassment, the Company will promptly investigate. The investigation will be conducted by an impartial person, who will inform the employee against whom the complaint has been made of the complaint and afford that employee a chance to respond. The investigator also will speak with other potential witnesses, as appropriate. The investigation will be conducted maintaining as strict confidentiality as is feasible, because it probably will be necessary to reveal certain information to those being questioned in order to develop the pertinent facts. Investigations will be documented.

Both the employee who made the complaint and the employee against whom the complaint was made will be advised of the results of the investigation. If the Company determines that discrimination or harassment has occurred, the Company will undertake immediate and appropriate action to stop the discrimination/harassment, ensure that discrimination/harassment does not recur and remedy the effects of the discrimination/harassment. Also, if the Company determines that discrimination/harassment has occurred, appropriate disciplinary action up to and including discharge from employment will be taken against the perpetrator.

If the Company determines that an employee intentionally has made a false complaint of discrimination or harassment, the Company will take appropriate disciplinary action up to and including discharge from employment.

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