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Kanbe’s Markets Sexual Harassment & Non-discrimination Policy

Kanbe’s Markets (“Kanbe’s”) is committed to maintaining an environment free of discrimination and harassment.  In keeping with this commitment, Kanbe’s will not tolerate harassment of any individual, including any agent, employee, supervisor, co-worker, volunteer, or any third party over whom Kanbe’s maintains control or a relationship with.  Harassment consists of unwelcome conduct, whether verbal, physical, or visual, that is based on a person’s age, ancestry, color, disability, familial status, gender, gender expression/identity, genetic information/weight, marital status, military status, national origin, pregnancy, race, religion/creed, sexual orientation, or any other legally protected characteristic.  Harassment that affects job benefits, interferes with an individual’s volunteer performance, or otherwise creates an intimidating, hostile, or offensive environment will not be tolerated and such action(s) will result in discipline up to and including termination from Kanbe’s and/or the forced cessation of all future engagement by Kanbe’s with such person.

To reinforce its commitment to a harassment- and discrimination-free environment, Kanbe’s has developed a policy against harassment and discrimination and a reporting procedure for those who have been subjected to or witnessed such behavior.  This policy applies to all settings and activities of Kanbe’s, whether inside or outside the scope of Kanbe’s official mission, and includes any business or nonprofit-related trips or social events.  Property of Kanbe’s (e.g., telephones, copy machines, facsimile machines, computers, mobile devices, and computer applications such as email, social media, and internet access) may not be used to engage in conduct that would violate this policy.  This policy covers agents, contractors, customers, directors, employees, management, officers, supervisors, vendors, volunteers, and/or any other individuals who have a working relationship with Kanbe’s and who are under Kanbe’s direct control or supervision (referred collectively herein as “Covered Individuals”).

The purpose of the policy set forth below is not to regulate the personal morality of Covered Individuals, but is to foster an environment free from all forms of harassment.  All volunteers and employees of Kanbe’s can and are expected to help assure that Kanbe’s is free of discrimination or harassment.  Covered Individuals are expected to avoid any behavior or conduct that could reasonably be interpreted as discrimination or harassment.  No employees or volunteers will be exempt from the requirements of this policy.

What is Prohibited?

Discrimination and discriminatory harassment, including Sexual Harassment (as defined in the following section) will not be tolerated.  This policy applies to all harassment occurring in Kanbe’s work and volunteer environment, whether on the premises of Kanbe’s or in any other setting related to Kanbe’s, and applies regardless of gender, gender identity/expression, sexual orientation, and/or the sex of any individual(s) involved.  This policy covers all employees of Kanbe’s, including applicants for employment, and any third parties over which Kanbe’s has control.  It also applies in any situation over which Kanbe’s has direct control over, applies to the physical and cultural environment of Kanbe’s, and further applies in any situation where any work volunteer efforts are to be done on behalf of Kanbe’s.

Sexual Harassment Defined

Sexual harassment is a form of illegal sexual discrimination that includes unwanted sexual advances, or visual, verbal, or physical conduct of a sexual nature.  This definition encompasses many forms of offensive behavior and also includes gender-based harassment of a person with the same sex or gender identity as the harasser.

Sexually harassing behavior may include unwelcome conduct such as:  sexual advances, requests for sexual favors, offensive touching, and/or verbal, visual or physical conduct of a sexual nature.  Such conduct may constitute sexual harassment when it:

  • Is made explicitly or implicitly;
  • Is made an explicit or implicit condition of employment or volunteer participation;
  • Is used as the basis for employment or volunteer decisions;
  • Has the purpose or effect of unreasonably interfering with an individual’s work or volunteer performance; or
  • Has the purpose or effect of creating an intimidating, hostile, or offensive work or volunteer environment.

Under these definitions, direct or implied requests by a supervisor for sexual favors in exchange for actual or promised job benefits such as a favorable review, pay increases, promotions, trainings, increased benefits, favorable hours, and/or threats concerning continued employment or volunteer status will constitute sexual harassment.  In addition, any unwelcome sexually-oriented conduct, intended or not, that has the effect of creating a workplace or volunteer environment that is hostile, offensive, intimidating or humiliating to any individual may also constitute sexual harassment.

While it is not possible to list all of the circumstances that may constitute sexual harassment, the following are some examples of conduct, which if unwelcome, may constitute sexual harassment, depending upon the circumstances (including the severity of the conduct and its pervasiveness):

  • Offering benefits in exchange for sexual favors;
  • Sexual advances or propositions, whether or not they involve physical contact;
  • Making or threatening reprisals (retaliation) after a negative response to sexual advances;
  • Sexual epithets, jokes, written or oral references to sexual conduct, gossip regarding one’s sex life;
  • Comments on another individual’s body or comments about an individual’s sexual activity, deficiencies, or prowess;
  • Leering, whistling, brushing against the body, sexual gestures, suggestive or insulting comments;
  • Inquiries into one’s sexual experiences;
  • Discussion of one’s sexual activities;
  • Repeated sexual flirtations, advances, or propositions;
  • Verbal abuse of a sexual nature, making or using derogatory comments, epithets, slurs, jokes, sexually related comments, graphic or degrading comments about an individual’s appearance, sexually degrading words used to describe an individual, suggestive or obscene notes, emails, letters or invitations;
  • Displaying sexually suggestive text messages, emails, objects or pictures including cartoons, posters, or vulgar email messages; and/or
  • Any uninvited physical contact or touching, such as patting, pinching, assault, blocking movements, and/or repeated brushing against another individual’s body.

The above-mentioned examples may constitute sexual harassment regardless of whether the conduct is between members of management; between management and staff; between two or more employees or staff members; between two or more employees, staff members, or volunteers; and/or between two or more supervised volunteers or third parties, regardless of such individuals’ gender, gender expression/identity, and/or sexual orientation.

An act may be sexual harassment regardless of the sexual desire, sexual orientation, or intent of the harasser.  The above list of examples is not intended to be exhaustive or all-inclusive.  All reasonable care should be taken to avoid discrimination and sexual harassment even in informal business situations such as parties, business trips, and/or charitable events hosted by Kanbe’s.

Any unwelcome conduct based on gender, gender expression/identity, and /or sexual orientation is specifically forbidden by this policy regardless of whether the individual committing the harassment and the individual being harassed are of the same, similar, or different genders, gender identities or expressions, and regardless of whether such individual is of the same, similar, or different sexual orientation.

Other Discrimination and Discriminatory Harassment, Defined

For purposes of this policy, “other discrimination and discriminatory harassment” is defined as verbal or physical conduct that denigrates or shows hostility or aversion toward an individual because of that person’s age, ancestry, color, disability, familial status, gender, gender expression/identity, genetic information/weight, marital status, military status, national origin, pregnancy, race, religion/creed, sexual orientation, or any other legally-protected characteristic and that:

  • Creates an intimidating, hostile, or offensive work environment; and
  • Unreasonably interferes with an individual’s work performance.

Discrimination and harassment may include derogatory remarks, epithets, offensive jokes, the display or circulation of offensive printed material(s) (both visual and electronic) or offensive physical actions.  Kanbe’s prohibits the use of social media to post or display comments about Covered Individuals that are vulgar, obscene, threatening, intimidating, harassing, or in violation of Kanbe’s other policies, including Kanbe’s policies against workplace violence, discrimination, harassment, or hostility on account of an individual’s age, ancestry, color, disability, familial status, gender, gender expression/identity, genetic information/weight, marital status, military status, national origin, pregnancy, race, religion/creed, sexual orientation, or any other legally protected characteristic.

Harassment by Non-Employees or Third Parties

Kanbe’s will endeavor to protect its employees, contractors, customers, clients, suppliers, vendors, and volunteers, to the extent possible, from reported harassment by any third party.

Electronic Harassment

All harassment defined by this policy is prohibited and this policy and the definition contained within it apply equally to any harassment that takes place via electronic means.  Using electronic communication, including but not limited to, sending sexually suggestive/explicit messages and pictures via email, text messages, and other social networking sites is strictly prohibited, regardless of whether the messages are sent during or outside of working time and regardless of whether such messages were sent inside or outside any of Kanbe’s premises or physical locations.  Similarly, disseminating harassing or sexually explicit voicemail, email, graphics, downloaded material, or websites in the workplace is specifically prohibited.

Supervisor’s Accountabilities

It is the responsibility of all employees, managers, and supervisors to demonstrate an awareness of their actions if such actions constitute discrimination and harassment as defined by this policy, and to support the position that discrimination and harassment will not be tolerated by Kanbe’s.  Employees, management, and supervisors are charged with the responsibility of promoting a work environment that is free of discrimination and harassment and are also charged with taking immediate action if action covered by this policy is suspected or identified.  Failure to do so may result in discipline, up to and including termination of employment and/or cessation of any future contact with the offending person by Kanbe’s.

Consensual Relationships

Consensual romantic and/or sexual relationships between an employee with supervisory authority and any subordinate, including one not directly under the supervisor, will compromise Kanbe’s ability to enforce this policy against sexual harassment.  Consequently, if such relationships arise, they will be considered carefully by Kanbe’s and appropriate action will be taken.  Such action may include a change in the responsibilities of the individuals involved, or a transfer of location and/or duties within Kanbe’s to diminish or eliminate the supervisory relationship and workplace contact that may exist.  Any supervisory employee involved in such a relationship is required to report the relationship to his/her supervisor and to Kanbe’s Human Resources.  If no supervisor or human resources department exists, then such employee must report the relationship directly to a member of Kanbe’s board of directors.

Conclusion

All Covered Individuals are responsible for helping enforce this policy against harassment.  Any Covered Individual who has been the victim of harassment or who has witnessed harassment at Kanbe’s must immediately report the situation using the complaint procedures that follow.

COMPLAINT PROCEDURES

Reporting

It is Kanbe’s policy to maintain a work environment free from unlawful discrimination and harassment.  Kanbe’s strongly encourages the prompt reporting of all incidents of discrimination and harassment.  Kanbe’s also encourages individuals who believe they are being harassed to object to the conduct and to clearly and promptly tell the person engaging in such conduct that a particular action, behavior, or statement, is unwelcome and offensive.

If you experience, or believe another employee is experiencing, any job-related discrimination or harassment, you should promptly report the incident to a manager or a member of the board of directors of Kanbe’s Markets, or any other person with authority and with whom you feel comfortable talking about the incident with.  You are also encouraged to make a confidential complaint on Kanbe’s website, . Any officer, director, or member of Kanbe’s who becomes aware of possible inappropriate harassment must immediately advise a member of Kanbe’s board of directors of such occurrence.

Kanbe’s and its board of directors are committed to investigating and resolving all complaints brought to it in a timely and confidential manner as possible under the relevant circumstances.

Investigation

When a Covered Individual reports discrimination and/or harassment as specified above, it is Kanbe’s policy to undertake a prompt investigation appropriate to the circumstances.  The steps to be taken during the investigation cannot be fixed in advance but will vary depending upon the nature of the allegations.  Confidentiality will be maintained throughout the investigative process to the extent practicable and consistent with Kanbe’s need to undertake a full investigation.

Resolution

After completing an investigation, if Kanbe’s determines that a Covered Individual has harassed another individual or has acted in a discriminatory manner, appropriate corrective action will be taken, up to and including, termination.  Kanbe’s reserves the right to take corrective action regardless of whether the alleged conduct meets the legal definition of harassment or discrimination.  Any director, employee, supervisor, or manager who becomes aware of possible unlawful harassment but fails to report it may also be subject to disciplinary action, up to and including termination or ejectment.

Non-Retaliation

Kanbe’s prohibits any form of retaliation against any individual for filing a good-faith complaint under this policy or for assisting in a complaint investigation.  Retaliation against any individual for such filing or reporting is subject to disciplinary action, up to and including termination of employment.  Any director, employee, supervisor, or manager who intentionally provides false information regarding any complaint will be subject to disciplinary action.

Communication

This policy is part of Kanbe’s overall commitment to open communication.  Kanbe’s encourages all individuals to bring concerns regarding discrimination to sexual harassment to the attention of its board of directors.  Your suggestions and comments on any subject are important to Kanbe’s, so we encourage you to take every opportunity to discuss them with us.