SuperHi, Inc. is committed to maintaining a workplace free of unlawful discrimination and harassment based on race, color, religion, sex (including pregnancy, childbirth or related medical condition), gender identity, sexual orientation, national origin, ancestry, age, disability, veteran status or any other factors prohibited by law (“prohibited behavior”). Bullying and abusive conduct are likewise prohibited. Such behavior is unacceptable and contrary to our core values in that it undermines our goal of providing a safe and inclusive environment. We do not tolerate any violation of this policy.

Unlawful Harassment and Discrimination

Unlawful harassment and unlawful discrimination may take many different forms. The following are some examples of prohibited behavior:

• Verbal conduct such as epithets, derogatory comments, negative stereotypes, name-calling, belittling, jokes, offensive remarks, or slurs
• Physical conduct such as assault, impeding or blocking normal movement, restraint, inappropriate touching, invading personal space, or any physical interference with work directed at an individual
• Visual conduct such as viewing, displaying, or permitting the display of offensive, derogatory, discriminatory, or hate based material (e.g., pictures, posters, cartoons, writings or objects - whether electronic or paper); staring or making derogatory gestures
• Threats and demands to submit to certain non-work related conduct or perform certain non-work-related actions in order to get or keep a job, to avoid some other loss, or as a condition of job benefits, security, or promotion
• Retaliation against employees who report an incident of discrimination or harassment in good faith or participate in an investigation thereof

Sexual Harassment

This policy also specifically prohibits sexual harassment. It is a specific type of unlawful and discriminatory harassment that is strictly prohibited under this policy. Although it depends upon the circumstances, sexual harassment generally involves behavior that is uninvited, unwelcome and repeated. Sexual harassment may occur regardless of the intention of the person. Sexual harassment may involve an employee at any level or gender or an individual conducting business with or for the company.

Sexual harassment means any harassment based on an individual’s sex or gender (including pregnancy, childbirth and related medical conditions, gender identity, nonconformity, presentation or expression, and sexual orientation), or is otherwise sexual in nature. Acts considered to constitute sexual harassment include, but are not limited to, unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature where: (a) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; (b) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting the harassed individual; (c) 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.

Additional examples of conduct considered to constitute sexual harassment include, but are not limited to:

• Verbal conduct such as sexually explicit or degrading words to describe an individual; comments about an employee’s anatomy and/or dress; questions about a person’s sexual practices; gender or sex-based bullying; use of patronizing terms or remarks; use of gender or sexual stereotypes or slurs; verbal abuse or graphic verbal commentaries about the body, or requiring or suggesting that an employee wear sexually suggestive clothing; unwanted sexual advances that condition an employment benefit upon an exchange of sexual favors; insisting on dates when the individual is not interested and/or has declined previous offers; any threat of demotion, termination, or similar adverse job action if requested sexual favors are not given; making or threatening reprisals after a negative response to sexual advances or propositioning an individual
• Physical conduct such as touching, pushing, pinching, patting, grabbing, brushing against or poking another employee’s body; assault; unwelcome physical conduct
• Visual/nonverbal conduct such as viewing, displaying, or permitting the display of sexually explicit materials; showing or distributing sexually-related derogatory or explicit posters, cartoons or drawings, suggestive objects, pictures, or graphic commentaries; staring at an employee’s anatomy; leering; making sexually-oriented gestures; sending inappropriate adult-themed texts, emails, gifts, and other communications; whistling

It is impossible to define every action or all words that could be reasonably interpreted as harassment or discrimination. The examples listed above are not meant to be a complete list of prohibited behavior, nor do they always constitute unlawful harassment or discrimination. However, the company prohibits not only conduct which is severe enough to constitute a violation of the law, but also conduct, which although not unlawful, is still determined by the company to be inappropriate in the workplace.

Sexual harassment also may occur outside the workplace, depending upon the circumstances. The same standards of acceptable behavior applicable to employees’ regular work environment also apply to all company sponsored business activities taking place outside the workplace. When using various forms of business communication tools (e.g., Slack), anything impermissible in real life is also impermissible in electronic communications; discrimination and harassment policies and laws apply to all forms and modes of communication. Outside business activities, including entertainment, should not be conducted at establishments where sexually explicit or offensive entertainment is offered. Employees should take care not to engage in any work-related activity (inside or outside the workplace) that might make others uncomfortable or could reflect poorly upon the company or otherwise cause damage to the company’s business reputation.

Reporting Sexual Harassment or Other Prohibited Behavior

• Do not tolerate prohibited behavior, including sexual or other unlawful harassment or discrimination. We encourage anyone who experiences, encounters, or observes a violation of this policy to consider confronting the offender directly, if it is appropriate and sensible to do so, and asking him or her to stop the offending conduct. The person may not realize the advances or behavior are offensive. Sometimes a direct discussion ends the situation. Employees are not required to confront the offending party if they are not comfortable doing so.
• Regardless of whether you confront the offender, we encourage and expect that anyone who believes that they are the subject of harassment or discrimination or who has observed or believes they have observed such harassment or discrimination, to promptly contact their manager or any other manager at the company, including executive leadership. Reporting may be done either in writing or verbally. Employees also have the option to make a report to the Operations Team. Please also note that managers are required by law to report to HR/Operations anything they hear of or witness in relation to harassment.