Harassment

The Kirby Company expects that each Distributor will conduct his/her business in compliance with all applicable laws and regulations. As part of this compliance, each Distributor should maintain a work environment that is free from discrimination where employees or independent contractors at all levels of the Distributor’s business are able to devote their full attention and best efforts to the job. Harassment, in any form, has no place in the work environment.  Accordingly, a Distributor should not condone or tolerate any form of harassment of or by any employee or independent contractor, based on race, religion, color, national origin, age, disability, gender (including sexual harassment), or any other factor protected by law. The term “harassment” includes, but is not limited to, offensive language, jokes, or other verbal, graphic or physical conduct relating to an employee or independent contractor’s race, sex, religion, color, national origin, age, disability, or other factor protected by law.

Sexual Harassment

Sexual harassment includes:  (a) physical assaults or physical conduct that is sexual in nature; (b) unwelcome sexual advances or comments or requests for sex or sexual activities concerning one’s employment or advancement, regardless of whether they are accompanied by promises or threats; (c) sexual displays or publications such as calendars, cartoons or graffiti; (d) other verbal or physical conduct of a sexual nature which has the purpose or effect of interfering with an individual’s work performance, or creating an intimidating, hostile, or offensive work environment; and (e) retaliation for complaints of harassment.

 

Harassment Complaint Procedure

Each Distributor should establish and communicate to his/her work force a harassment complaint procedure so that any employee or independent contractor who has a complaint of or who witnesses harassment at work by anyone, including supervisors or managers, can immediately bring the matter to the Distributor’s attention.  The procedure should provide for the prompt investigation of any such complaints, and the Distributor should be prepared to take corrective action designed to stop the harassment immediately and to prevent its recurrence, including discipline up to and including termination of employment or business relationship with the Distributorship.  A Distributor should not tolerate adverse treatment or retaliation of any employee or independent contractor because he or she has made a complaint of harassment or has provided information related to such complaints.