It is Centerplate’s policy to ensure equal employment opportunity in the conduct of all of its business activities. These activities include recruitment, selection, hiring, promotion, development, training, pay practices, benefits, transfers, and all other conditions of employment and business relationships. Discrimination based on an individual’s race, color, religion, national origin, sex, gender, age, physical or mental disability, veteran status, genetic information or any other protected status, as defined by law, will not be tolerated.
As managers, you are required to use merit, qualifications and other bona fide job-related criteria as the sole basis for all of your employment-related decisions.
Anyone determined by the Company to have violated the above policy will be subject to appropriate disciplinary action, up to and including immediate termination of employment.

Questions or Concerns

Any employee with questions or concerns about any type of discrimination, harassment or retaliation in the workplace or in the application process is required to bring the issue to the attention of the employee’s immediate supervisor or the Corporate Human Resources Department, or to call the Network, Inc. Hotline at 800/241-5689, without fear of reprisal. Centerplate does not retaliate against any employee who reports a complaint in good faith or who assists in a complaint investigation. These Policies are referenced in this Chapter under Sexual And Workplace Harassment Policy and Retaliation.

Sexual And Workplace Harassment Policy

Centerplate is committed to providing every employee with a positive work environment that is healthy, safe, and productive, and which promotes common courtesy and mutual respect among employees. Harassment is conduct that denigrates or shows hostility or aversion toward an individual or group in a legally protected class and that results in an intimidating, hostile or offensive working environment. Harassment of this nature is a form of unlawful discrimination and will not be tolerated. This applies to harassment of an employee, contractor, vendor or customer by another employee, contractor, vendor or customer.
Examples of prohibited acts of workplace harassment include, but are not limited to:

• Racial, ethnic, disability, sexual, age-related, religious, or gender based jokes and other similarly rude and offensive jokes or stories;
• Racial, ethnic, disability, sexual, religious, age-related, or gender based slurs; and
• Any name calling or acts of physical violence or intimidation that are based on an employee’s race, color, religion, national origin, age, sex, gender, disability, veteran status, genetic information or any other protected classification.

Sexual Harassment

Sexual harassment is one form of unlawful harassment and is also strictly prohibited by the Company. Sexual harassment has been defined as unwelcome sexual advances, requests for sexual favors, or other visual, 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 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.

Examples of violations include the following:

• Persistent on-the-job flirtations or other invitations for a social relationship with a fellow employee when he or she has stated or indicated that such advances or interests are unwelcome;
• Displaying any sexually suggestive material in the workplace, or sending e-mails incorporating such material; or
• Threatening or insinuating, either explicitly or implicitly, that an employee’s refusal to submit to sexual advances will adversely affect such person’s job, evaluation, wages, advancement, assigned duties, hours of work, or any other condition of employment.

Managers’ Responsibilities

In addition to complying with the above policies, managers have an additional responsibility to be the Company’s eyes and ears. Anyone who supervises other employees is obligated to report immediately to the Corporate Human Resources Department or a senior officer of the Company any complaint of harassment of which he or she becomes aware, and any incident of which he or she becomes aware and which he or she believes in good faith could lead to such a complaint. Your knowledge may be imputed to the Company, and any failure to report immediately any such incidents or complaints could subject the Company to liability and will constitute a serious violation of Company policy.

Postings

Every location must post the Memo Regarding Workplace Harassment and Sexual Harassment, Memo Regarding Equal Employment Opportunity, and the Standards of Integrity Poster.
Posters for Unit Posting 

Complaint Procedures

Managers should make it clear to employees that, if an employee experiences any form of job-related harassment, discrimination or retaliation, or believes he or she has been treated unlawfully, the employee must promptly report the incident to his/her manager, the Corporate Human Resources Department, or the Network, Inc. Hotline at 1-800-241-5689, without fear of reprisal.
Any manager receiving such a complaint must advise the Corporate Human Resources Department or a senior officer of the Company.
Based on the nature of the complaint, the investigation of the complaint may be undertaken by, or on behalf of, the Corporate Human Resources Department or by local site management with assistance by the Corporate Human Resources Department as it deems appropriate and necessary. The investigation must be undertaken in a timely manner and will include discussions with the complainant(s), the person(s) charged, as well as any other individuals who are witnesses to, or may have relevant information about, the complaint. The complaint and the investigation will be kept as confidential as proper investigation allows. Complete confidentiality cannot and should not be promised.
Upon completion of the investigation, senior management, in conjunction with the Corporate Human Resources Department, will examine the evidence and decide what actions are appropriate in light of the findings. If it is determined that inappropriate conduct has occurred or Company policies have been violated,appropriate disciplinary action will be taken, up to and including immediate termination of employment.

Retaliation

Centerplate and applicable laws prohibit retaliation against any employee who has, in good faith, lodged a complaint of unlawful discrimination, harassment or retaliation or who assists in a complaint investigation. Retaliation is also prohibited by various federal and state statutes addressing whistleblower protections. The Sarbanes-Oxley Act of 2002 prohibits retaliation against employees for reporting or assisting in an investigation of fraud against shareholders. Whistleblowers are protected from harassment, demotion, suspension, discharge or any other manner of discrimination by the companies’ employees, officers, contractors, and subcontractors.

Reports

If an employee believes he/she is the subject of retaliation, he/she should report the situation immediately to a General Manager (if at a location), an officer of the Company or the Corporate Human Resources Department or the Network, Inc. Hotline at 1-800-241-5689. Any manager who receives a complaint or otherwise has reason to believe that an employee is being subjected to retaliation must immediately inform the Corporate Human Resources Department or a senior officer of the Company, perform or assist in a prompt investigation, and request or conduct thorough remedial steps to eliminate and prevent retaliation.

Consequences

The consequences of retaliation are significant. For example, an employee suing under the Sarbanes-Oxley Act may seek reinstatement with same seniority status, back wages with interest, and any special damages sustained, including litigation costs, expert witness fees, and reasonable attorney fees. In addition to civil remedies, the statute criminalizes retaliation against employees who provide truthful information about possible federal offenses to a law enforcement officer.