The Company prohibits sexual harassment, which includes sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature that has the purpose or effect of interfering with an employee’s work performance by creating an intimidating, hostile, humiliating or sexually offensive working environment. Personnel may not threaten or insinuate, either explicitly or implicitly, that submission to or rejection of sexual advances, sexual favors or other conduct of a sexual nature will in any way influence or adversely affect any decision by the Company regarding an individual’s hiring or employment, including, but not limited to, evaluation, wages, advancement, assigned duties, shifts, or any other condition of employment or career development. Further, no Company personnel may engage in any conduct that creates an intimidating, hostile or offensive work environment. While it is not possible to list all of the circumstances and conduct that may constitute sexual harassment, the following are some examples of conduct which, if unwelcome, may constitute sexual harassment depending upon the totality of the circumstances, including the severity of the conduct and its pervasiveness:
- Unwelcome sexual advances or requests for sexual favors, sexual language, sexual jokes, innuendo, and/or comments about an individual’s body;
- Submission to such conduct is made either explicitly or implicitly a term or condition of employment;
- Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting the individual; or
- Such conduct has the purpose or effect of unreasonably creating an intimidating, hostile, or offensive working environment.
It is important to note that this policy is not intended to limit the Company’s authority to discipline or take remedial action for conduct that we regard as unacceptable inside or outside of the workplace or otherwise involving work activities, regardless of whether that conduct meets the legal definition of sexual harassment.
Determinations of whether particular language or conduct is subject to disciplinary action under this policy will be made on a fact-specific basis, in light of all of the circumstances. The following, however, are some additional examples of conduct that all personnel of the Company must avoid. Such conduct may violate the Company’s policy against sexual harassment, whether or not it constitutes sexual harassment under the law.
This is not an exhaustive list:
- Comments to, or about, an individual’s appearance that are sexually graphic or would otherwise tend to be degrading;
- Inappropriate touching and/or physical contact of a sexual nature;
- Sexual gestures or remarks with sexual content that are graphic or that may otherwise be offensive to others;
- A repetition of any words or conduct of a sexual nature after the person addressed has indicated that such words or conduct is unwelcome;
- Unwelcome sexual advances or propositions, whether or not involving physical touching;
- Sexual epithets, jokes, written or oral references to sexual conduct, gossip concerning one’s sex life, comment on an individual’s body or sexual activity;
- Displaying or circulating sexually suggestive objects, pictures or other images, including by E-mail;
- Requests for sexual favors; and
- All other verbal or physical conduct of a sexual or otherwise offensive nature.
Sex-based harassment — that is, harassment not involving sexual activity or language (e.g., male manager yells only at female personnel and not males) — may also constitute discrimination if it is severe or pervasive and directed at personnel because of their sex.
The Company’s anti-harassment policy applies to all Company personnel (including for the avoidance of doubt, all Company employees, consultants and others involved in the operations of the Company) and all Third Parties in Third Party Company Interactions. The policy prohibits harassment by (a) Company personnel of other Company personnel and, during Third Party Company Interactions, of Third Parties (as defined below) and (b) Third Parties of Company personnel and, during Third Party Interactions, of other Third Parties. While the Company may not have direct control over a portfolio company or prospective portfolio company personnel or other industry participants in which Company personnel may interact, including, without limitation, entrepreneurs, contractors, fund investors and other industry investors, vendors, clients and volunteers (including in all cases prospective relationships) (collectively referred to as “Third Parties” or a “Third Party”), the Company is committed to a policy of influencing Third Parties to act consistently with the Company’s anti-harassment policy, both as applied to prohibit harassment of Company personnel but also harassment of other Third Parties. If harassment occurs by a Third Party in violation of this policy, the reporting procedures in this policy should be followed as if the harasser were Company personnel.
For the avoidance of doubt, references to employees in this policy shall be broadly interpreted to include all Company personnel.