PAP.9.8.060 Harassment

(a) The Gaming Enterprises have a "zero-tolerance" policy with respect to team member harassment. Any form of unlawful team member harassment based on race, color, religion, sex, national (including Tribal) origin, age, disability or status in any protected group is prohibited. The Gaming Enterprises will not tolerate interference with the ability of team members to perform their expected job duties. Harassment of team members or members of the public by team members will result in disciplinary action, up to and including termination.

(1) Sexual Harassment. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal, visual or physical conduct of a sexual nature. No supervisor, manager or any other team member shall threaten or insinuate, either explicitly or implicitly that another employee's refusal to submit to sexual advances will adversely affect that person's employment, wages, advancement, assigned duties, or any other condition of employment or career development. Similarly, no supervisor, manager or employee shall promise, imply or grant any preferential treatment in connection with another team member engaging in sexual conduct.

(A) Sexual harassment also includes unwelcome sexual flirtations, advances or propositions, verbal abuse of a sexual nature, subtle pressure or requests for sexual activities, unnecessary touching of an individual, graphic or verbal commentaries about an individual's body, sexually degrading words used to describe an individual, a display in the workplace of sexually suggestive objects or pictures, sexually explicit or offensive jokes, or physical assault.

(B) Team members are encouraged to report harassment before it becomes severe or pervasive. The policy prohibiting harassment includes adverse treatment of team members because they report harassment or provide information related to such complaints.

(C) A team member who thinks that he or she has been a victim of harassment and who desires to file a complaint to that effect should generally initially complain first to the team member's immediate supervisor unless that supervisor is the subject of the complaint. Under this circumstance or under any other circumstance where the team member prefers not to complain first to their immediate supervisor, the team member may file a complaint with the Human Resource Department or anyone else in a managerial role.

(D) All supervisors and members of management to whom a complaint of harassment is brought or who independently become aware of behavior prohibited by the harassment policy are to report the complaint of harassment to the Department Head. The Department head, unless that individual is the alleged harasser, will in turn report that complaint to the Human Resource Director within twenty-four (24) hours.

(E) Team members filing complaints of harassment are assured that information about the allegation of harassment will be shared only with those who need to know. Records relating to harassment complaints will be kept confidential on the same basis. Complete confidentiality cannot be guaranteed; conducting an effective investigation may require certain information to be revealed to the alleged harasser and potential witnesses.

(F) Under no circumstances will the individual who conducts the investigation or who has any direct or indirect control over the investigation be subject to the supervisory authority of the alleged harasser. After all of the evidence is in, interviews are finalized, and any credibility issues are resolved, a determination as to whether harassment occurred will be made and the parties informed of the determination.

(G) If no determination can be made because the evidence is inconclusive, the parties will be informed of this result.

(H) The employer will undertake immediate and appropriate corrective action including discipline up to and including termination, whenever it determines that harassment has occurred in violation of this policy.

(I) Any team member found to have deliberately filed a false claim of sexual harassment will be subject to disciplinary action up to and including termination.

(2) Racial and National (including Tribal) Origin Harassment. Racial and national origin harassment is verbal or physical conduct that denigrates, belittles or shows hostility or aversion towards an individual because of his or her race or national (including tribal) origin and has the purpose or effect of creating an intimidating, hostile, or offensive working environment, or has the purpose or effect of unreasonably interfering with an individual's work performance or otherwise adversely affects an individual's employment opportunities. This includes, but is not limited to, epithets, slurs, intimidating or hostile acts that relate to race, or national (including tribal) origin, written or graphic material that denigrates, belittles or shows hostility or aversion toward an individual because of his or her race, or national (including tribal) origin and that is placed on walls, bulletin boards or elsewhere on our premises or circulated in facilities.

(3) General. Harassment under this policy may also include words or conduct committed by customers or suppliers of the Gaming Enterprises. In the event that any harassing or offensive language or conduct occurs, employees must report it to the Human Resource Director, or designee, immediately so the matter can be addressed promptly.

(4) Enforcement. Each member of Management is responsible for creating an atmosphere free of harassment, sexual, racial or otherwise. Further, team members are responsible for respecting the rights of their coworkers.

(b) If a team member experiences any job-related harassment based on sex, race, national (including tribal) origin, disability, or another factor, or believes that he or she has been treated in an unlawful, discriminatory manner, the employee must promptly report the incident to his or her Director/Manager or Human Resource Director, or designee, who will investigate the matter and take appropriate action. All employee complaints will be kept confidential to the maximum extent possible.

(c) The Gaming Enterprises prohibits any form of retaliation against any team member for filing a bona fide complaint under this policy or for assisting in a complaint investigation. However, if, after investigating any complaint of harassment or unlawful discrimination, the Gaming Enterprises determines that the complaint is not bona fide and was not made in good faith or that an employee has provided false information regarding the complaint, disciplinary action may be taken against the individual who filed the complaint.