SEXUAL HARASSMENT

I. Sexual Harassment
A. PRG's Policy Against Sexual Harassment
B. What is Sexual Harassment?
C. Two Types of Sexual Harassment

II. What an Associate Should do if they are Sexually Harassed

III. Guidelines Human Resources will Follow if They Get a Sexual

Harassment Complaint
A. Talking with the Recipient
B. Interviewing the Alleged Harasser
C. Interviewing Witnesses
D. Follow up with the Alleged Harasser
E. Follow up with Recipient

IV. Preventing Sexual Harassment - A Management Responsibility

A. Managers Should
1. Understand
2. Observe
3. Be A Role Model
4. Zero Tolerance
5. Non-Fraternization Policy
6. Open Door Policy
7. Take Action
8. No Retaliation
9. Train Your Associates

I. SEXUAL HARASSMENT

A. Panda Restaurant Group, Inc.’s Policy Against Sexual

Harassment

1. All associates shall be provided the opportunity to perform their

jobs in an environment free from intimidation and/or sexual
harassment. All personnel are responsible for assuring such an
 environment, including the absence of conduct that may be
defined as sexual harassment.

B. What Is Sexual Harassment?

1. The Equal Employment Opportunity Commission (EEOC) defines

Sexual harassment in its guidelines as:

a. "Unwelcome sexual advances, requests for sexual favors

and other verbal or physical conduct of a sexual nature."

2. "Unwelcome" is the critical word above. A person may consent

or agree to certain conduct and actively participate in it even
though it is offensive and objectionable.
3. Therefore, sexual conduct is unwelcome whenever the person
subjected to it considers it unwelcome. Whether the person in
fact welcomed a request for a date, sex-oriented comment, or a
joke depends on ALL of the circumstances.
4. Although sexual harassment has existed in the workplace for
centuries, employers and managers alike are now forced to deal
with the problem. It has been mandated that each and every
working person have the legal right to work in an environment
free from harassment on the basis of sex under the Title VII Civil
Rights Act of 1964.

C. There are Two Types of Sexual Harassment

1. Quid Pro Quo (Latin for "this for that")

a. Conduct that is made either explicitly or implicitly a term or

condition of employment.

OR
 b. Submission to or rejection of sexual advances from a supervisor
is used as the basis for employment or related decisions
affecting the subordinate.
c. Examples of Quid Pro Quo harassment are:

i. An applicant's obtaining employment requires them to perform

sexual favors.
ii. A supervisor demands sexual favors from an associate in return
for preferential treatment such as:

• Good Shifts
• Favorable Stations
• Promotions
• Complimentary Meals

iii. An associate is retaliated against for refusing a supervisor's

sexual advances. (The EEOC looks upon retaliation
harshly). Some examples include:

• Slower Shifts
• Smaller Stations
• Termination

iv. A qualified associate is denied benefits as a result of another

associate who agreed to sexual favors.

d. QUID PRO QUO HARASSMENT CAN BE PRACTICED ONLY

BY A PERSON WHO IS IN A POSITION OF AUTHORITY
OVER THE VICTIM

2. Hostile Environment Harassment

a. Conduct that has the intent or impact of unreasonably interfering

with an individual's work performance or creating an intimidating,
 hostile or offensive working environment is called Hostile
Environment Harassment. Unlawful hostile environment
harassment may take several forms.
b. Examples of Hostile Environment Harassment are:

i. VERBAL

• Referring to an adult as a girl, hunk, doll, babe, or honey.

• Whistling at someone, cat calls, making kissing sounds, howling,
and smacking lips.
• Discussing sexual activities or dating.
• Using condescending or demeaning terms to address other
associates, i.e., "kiddo", "missy."
• Telling sexual jokes and/or stories.
• Asking about sexual fantasies, preferences, or history.
• Making sexual comments about a person's clothing, anatomy, or
looks, commenting on physical attributes.
• Repeatedly asking a person out who is not interested.
• Telling lies or spreading rumors about a person's sex life.
• Unwanted telephone calls.
• Using profane or vulgar language.

ii. NON-VERBAL

• Looking a person up and down (elevator eyes).

• Staring, gazing, or winking at a person in a way that implies a
sexual message or relationship.
• Blocking a person's path.
• Following a person.
• Giving personal gifts or letters.
• Displaying sexually suggestive visuals such as posters, cartoons,
books, calendars or drawings.
• Making sexual gestures with hands or through body movements.
iii. PHYSICAL

• Giving a massage around the neck or shoulders.

• Touching a person's clothing, hair or body.
• Hanging around a person.
• Hugging, kissing, patting, stroking, tickling or pinching.
• Touching or rubbing oneself sexually around another person.
• Standing close or brushing up against a person.
• Blocking normal movement.
• Actual or attempted rape or sexual assault.

c. CONDUCT CONSTITUTING HOSTILE ENVIRONMENT

HARASSMENT CAN BE COMMITTED BY SUPERVISORS,
FELLOW ASSOCIATES, GUESTS, OR VENDORS

II. What an Employee Should do if they are Sexually

Harassed

A. What an Associate Should do if they are Sexually Harassed

1. ASSOCIATES SHOULD IMMEDIATELY REPORT ANY SEXUAL

HARASSMENT COMPLAINT TO THEIR MANAGER OR TO THE
HUMAN RESOURCES DEPARTMENT.
2. Remain calm and professional.
3. Be direct and candid with the person. Let their feelings be known
by telling the offender and the Manager right away.
4. When reporting the harassment, be prepared with all the facts
surrounding the incident(s). Give the who, what, when, where
and how.
III. Guidelines Human Resources will Follow if They
Get A Sexual Harassment Complaint

Always NOTIFY Human Resources when you receive a

complaint! Human Resources will direct you as to the proper
procedures.

A. TALKING WITH THE RECIPENT

1. HOW YOU INITIALLY RECEIVE A SEXUAL HARASSMENT

COMPLAINT CAN EITHER ENCOURAGE OR DISCOURAGE
THE ASSOCIATE FROM GIVING YOU THE OPPORTUNITY TO
CORRECT THE SITUATION.
2. When an associate comes to you with a sexual harassment
complaint, take the situation seriously. Remember that there are
no stereotypical recipients of sexual harassment and there are
no stereotypical sexual harassers.
3. To establish trust, let the complainant know you are sincerely
concerned. The following are examples, but put them into your
own words:

a. You appreciate that they are bringing it to your attention.

b. It is important that you are made aware of the situation.
c. Every individual has the right to work in an environment free of
sexual harassment.
d. You realize how difficult this must be for the associate to discuss
and you want to resolve the problem.

i. "In order to help you, I am going to need a detailed explanation

of what allegedly occurred."

e. Immediately assure the associate:

i. Of confidentiality.
ii. Of a safe environment, ensure no retaliation.
iii. That a thorough investigation will be conducted immediately by
the Human Resources Department.

4. When a complaint is made, be sure that the associate is specific

about the offensive conduct or statement. As uncomfortable as it
may be for the associate, they have to tell you exactly what
happened. Explain that you have to gather this information
because you cannot investigate or stop the behavior if you don't
know what the harasser did.
5. Following are the types of questions you may ask the
complainant. LISTEN CAREFULLY AND TAKE NOTES. (Use
your discretion on which questions to ask.)

a. Who is the harasser?

b. What time did it happen?
c. Where did it happen?
d. Where were you?
e. What were you doing?
f. Where was the harasser?
g. What was shown, what was said?
h. Where were you grabbed? (Be discreet, but get this information)
i. How did you respond?
j. Did you tell them to stop?
k. Did you tell anyone?
l. Were there any witnesses? Who were the witnesses?
m. Did it happened before?
n. Ask the recipient the questions again to see if their recall is the
same or changes.

6. Review your notes, DID YOU WRITE EVERYTHING DOWN?

B. INTERVIEWING WITH THE ALLEGED HARASSER

1. You must interview the alleged harasser.
2. Keep the interview confidential and inform the person you are
talking to that the conversation is confidential.
3. Do not initially reveal the identity of the person who brought the
complaint. Instead, describe the circumstances surrounding the
complaint. For example, "Did you touch the back of a female
who was standing in the side station around 10:00 a.m. this
morning?"
4. Be direct: For example, "You have been accused of inappropriate
behavior. It may not have been your intention, yet the impact of
your behavior may in fact be sexual harassment. Sexual
harassment is serious, against the law, and it is a violation of
company policy."
5. Be neutral.
6. Stay on the topic. This is not the time to discuss other issues.
7. If the person admits to the behavior, tell the person that the
behavior must stop and that appropriate action is forthcoming.
8. When dealing with an alleged harasser who denies the allegation,
explain that there are two sides of the story and that you will be
doing additional fact finding before making a determination.
9. Emphasize: "Every individual has the right to work in an
environment free of sexual harassment."
10. Emphasize: "Sexual harassment creates an environment of
low morale, poor productivity and high associate turnover."
11. Emphasize: "Retaliation will not be tolerated."
12. Document the meeting with the alleged harasser.
13. DID YOU WRITE EVERYTHING DOWN?

C. INTERVIEWING WITNESSES

1. You must interview all witnesses.

2. Do not initially identify the alleged recipient or the alleged
harasser. Say to the witness, "Your name has been given to me
as a person who may have observed interaction between several
associates and we'd like to talk to you about your observations."
3. Describe the situation and circumstances of the alleged
harassment. For example, "Were you in the side station this
morning about 10:00 a.m.?"
4. Focus on the witnesses' observations; not assumptions, hearsay,
or opinions about the personalities of the people involved in the
allegation.
5. When dealing with any sexual harassment situation, talk in
private and be discreet.

D. FOLLOW UP WITH THE ALLEGED HARASSER

1. The statements you collect while investigating a charge of sexual

harassment should be thorough and complete.
2. When the complaint has been thoroughly investigated,
appropriate disciplinary action will be taken.
3. Any records pertaining to the investigation should be kept
separate from the associate's personnel file. If the harasser
repeats the behavior, you may have a record of prior incidents to
justify termination; if the harasser reforms, no one else needs to
ever know about the behavior.

E. FOLLOW UP WITH RECIPIENT

1. Notify the complainant that the incident has been investigated

and that the appropriate action has been taken.
2. Reinforce to the recipient to notify you if it happens again or any
other sexual harassment takes place.
3. THANK the alleged recipient for notifying you of the sexual
harassment claim.
IV. Preventing Sexual Harassment - A Management
Responsibility

A. Preventing Sexual Harassment - A Management Responsibility

1. An employer is responsible for its acts and those of its

supervisory associates with respect to sexual harassment. A
supervisory associate is someone who has power over other
associates, including the power to make or substantially
influence hiring, firing, scheduling, promotion, and compensation
decisions.
2. The employer is responsible regardless of whether the
specific acts complained of were authorized or even
forbidden by the employer, and regardless of whether the
employer actually knew or reasonably should have known
of their occurrence.

B. Managers Should:

1. UNDERSTAND

a. Know the Company's policy on sexual harassment. Make sure

you post this policy statement in a place where all associates will
see it.
b. Think about the impact versus the intent of what management
and associates say and how it can affect an associate's attitude
toward work, job performance and self-esteem.
c. Think about your own attitudes and feelings regarding sexual
harassment.
d. Do not assume that managers or associates enjoy sexually
oriented behavior.
e. Do not assume that managers or associates will tell you when
they are offended by something that is said.
2. OBSERVE

a. Be conscious of what goes on around you. Watch and listen for

the warning signs.
b. Pay attention to the way your associates interact.
c. Be sensitive to the way in which those who are more vulnerable
may react to the behavior of others.
d. Watch for the more subtle forms of sexual harassment and how
they may negatively affect the work and self-esteem of those in
your restaurant.

3. BE A ROLE MODEL

a. You may be unknowingly encouraging sexual harassment. Don't

encourage harassers by smiling, laughing at their jokes, or
"flirting back." This type of response can lead a harasser to
think that this type of behavior at work is acceptable.

4. ZERO TOLERANCE

a. Exhibit the kind of behavior you expect of your associates.

Remember you are their Role Model, and your associates learn a
lot from the example you set.

5. NON-FRATERNIZATION POLICY

a.
i.when one associate is in a supervisory position over the
non-managerial associate;
ii.when both associates are supervisors and one supervises
the other; and
iii.when both associates are in the same department and one
associate is in a higher-level position than the other
associate.
b. Panda does not seek to interfere with the off-duty and
personal conduct of its associates. However, Panda may
consider managers and supervisory personnel who become
involved in romantic relationships in any of the foregoing
circumstances to have exercised poor supervisory
judgment, which may result in a change in supervisory
status or other disciplinary action, up to and including
termination.
c. All associates should remember that Panda maintains a
strict policy against unlawful harassment of any kind,
including sexual harassment.

6. OPEN DOOR POLICY

f. Demonstrate your willingness to discuss the issue.

7. TAKE ACTION

g. Let people know you will take immediate action if a

case comes to your attention.

8. NO RETALIATION

h. DO NOT retaliate against anyone who files a

complaint of sexual harassment. Remember that
RETALIATION can take the form of remarks made to
the person filing the complaint, i.e., "Don't talk to
Joan -- She'll file a complaint against you."

9. TRAIN YOUR ASSOCIATES

i. Ensure that all associates know how and to whom to

file a sexual harassment complaint.