RESPECTFUL WORKPLACE

1. RESPECTFUL WORKPLACE April 2019

2. Objectives • Define and state the benefits of a respectful workplace • Explain the difference between illegal harassment and other unprofessional and unacceptable conduct • Define harassment and list the categories of protected characteristics • Understand the importance of preventing workplace harassment • Apply the “Rules for a Respectful Workplace” • Understand your responsibilities for reporting issues and concerns

3. Characteristics of a Respectful Workplace A Respectful Workplace is: • Highly productive • Where our team can perform their duties efficiently and effectively • Where there is an open forum to discuss issues • Where Team Members do not fear expressing their opinions • When something goes wrong, the focus is on fixing the problem, not blaming people • Where harassment claims are virtually non-existent • “harassment cannot coexist in a workplace culture that actively practices respect and value of all Team Members”

4. In Essence, a Respectful Workplace is… “One that communicates that every person is considered important. Their perspective and feelings are valued and worthy of consideration. Employees feel safe from harassment and unfair treatment. As a result, they are more productive, creative and effective team players.” -Carol K. Flynn MA, SPHR How to Create a Respectful Workplace

5. Respectful Workplace Policy

6. Capstone Restaurant Group Expects Team Members To: • Respect the rights and dignities of each individual • Act with integrity in carrying out job duties and in dealing with teammates and staff • Provide the highest quality of performance • Deal with conflicts constructively • Represent the Company and its products accurately & truthfully • Comply with the laws and regulations governing their work and positions

7. Inappropriate Conduct

8. Inappropriate Conduct vs. Illegal Harassment

9. Disrespectful Workplace Behavior

10. Workplace Bullying

11. Workplace Violence

12. Prevention of Workplace Violence

13. Harassment

14. Why is it important to prevent harassment? • Capstone Restaurant Group is committed to treating team members, guests, and partners with respect and integrity. • Engaging in, condoning, and/or not reporting any type of harassment is in direct conflict with our values. • Harassment is also illegal and violates several Federal and State laws. • The Employer is always liable in Quid pro Quo harassment cases • Employer may be liable in other cases unless it can prove that it exercised reasonable care to prevent and promptly correct any harassment • “Employer” liability can extend to individual Supervisors, Managers, or Officials

15. What is Harassment? Harassment is any conduct or action that is: • Based on a person’s race/color, religion, sex, national origin, age, disability, or sexual orientation and that adversely affects that person’s employment status Or conduct that is: • Severe, pervasive, or persistent and that interferes with a person’s work performance or creates an intimidating, hostile, or offensive work environment • Harassing behavior can be physical, verbal, and/or written including email, instant messaging, texting and/or various social media outlets (Twitter, Facebook, Instagram, etc.)

16. Types of Harassment

17. Protected Characteristics

18. Sexual Harassment The EEOC’s definition of sexual harassment contains three components: • Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature • Conduct explicitly or implicitly affects an individual’s employment or unreasonably interferes with work performance (“Quid Pro Quo”), or • Creates an intimidating, hostile, or offensive work environment

19. Two Forms of Sexual Harassment Quid Pro Quo • Latin for “this for that” or “something for something” • Tangible employment action against the victim • Involves change in job or monetary impact Hostile Work Environment • Work environment and/or job performance negatively affected by conduct of another • Includes explicit/suggestive and offensive items displayed in the workplace (photos, emails, etc.) and outside of it as well (Facebook, Instagram, Twitter, etc.)

20. Facts About Sexual Harassment • Both males and females can be perpetrators or victims • Victim and perpetrator can be same sex • Victim or perpetrator can be a supervisor, subordinate, team member, or customer • Victim does not have to be the one harassed (i.e., could be witness to conduct) • Unlawful sexual harassment may occur without economic injury to or discharge of the victim

21. Intent vs. Impact • Most instances of harassment are unintentional • Intention is irrelevant • Perception = Reality • Pay attention to other’s level of personal comfort • Once a person sets boundaries, continued behavior is “Unwelcome” • Follow the “reasonable person” standard • Objectivity, Circumstances, Etc. • It is in the “Eye of the Beholder”

22. Rules for a Respectful Workplace • Do Your Part • Use appropriate humor • Recognize other’s achievements • Manage your own emotions • Negativity is contagious, so is positivity. Which would you rather spread? • Solve conflicts proactively • If you see an issue, speak up! • Stop gossip • Rise above the fray • Don’t get caught up in the petty stuff

23. Rules for Respectful Engagement • Maintain a considerate tone and volume • Listen to the entire message, without interrupting or editorializing • Look for places to agree or support • Calmly explain any reasons for disagreement • Acknowledge that I don’t have to be right all of the time • Be mindful of another person’s time when making comments • Be mindful of tone in written communications

24. Tips for Written Communication • Keep it professional • Messages should be work-related • Maintain appropriate level of formality • Use greetings/closings • Communicate as an educated adult • Use full sentences with proper grammar, punctuation and spelling • Don’t use all caps or all small case • Include proper subject line • When in doubt, save as a draft and review again later

25. Reporting Concerns

26. Reporting Concerns • Each Team Member must report incidents of concern that they may experience and/or witness by following the Team Member Complaint Procedure in the Team Member Handbook. • It is the responsibility of each supervisor to immediately report those concerns to the Human Resources Department and the respective Operating Partner. • Team Member Complaint Procedure: • Team Member should report complaint to their Supervisor and/or follow the reporting as shown on their Respect Posters until satisfied with response. Team Member should notify Human Resources if not satisfied with response(s).

27. Reporting Concerns • All reports are taken seriously and will be investigated and dealt with appropriately. • Confidentiality cannot be assured if it interferes with a thorough investigation. • Violations of our EEO and Harassment Policy will result in disciplinary action up to and including termination of employment. • Retaliation against a Team Member who complains or gives evidence regarding harassment is against the law and Capstone Restaurant Group’s policy and this too could result in termination if violated.

28. Our Liability as a Company

29. Personal Liability Based upon your personal actions, you can be held personally liable in a Civil Suit

30. What Must We Do To Protect Ourselves

31. Beware of Common Roadblocks • Fearful of retaliation • Distrustful of complaint process • Made complaint, but there was no follow-up • Manager knew but did not report it • Never received the policy/training As a manager, you must create an environment that will avoid these roadblocks! We must take all claims seriously and investigate!!

32. Team Member Rights and Responsibilities Every Team Member at Capstone Restaurant Group has: The RIGHT to work in a respectful environment. AND The RESPONSIBILITY to personally promote a respectful environment.

33. Harassment Investigation Protocol Below is a base protocol that generally should be followed when a complaint of harassment or discrimination is reported to someone in the Company. • TEAM MEMBER MAKES A COMPLAINT • GM NOTIFIES THE DM/MARKET LEADER ASAP: If there is any allegation of harassment or discrimination, the complaint must be immediately escalated to Operating Partner(Max Soria or Bobby Medlen) with a copy to Todd Pahl and Human Resources. • SECURE WRITTEN STATEMENT FROM ALLEGED COMPLAINANT – Interview the team member that is making the complaint in an office or room where the discussion will not be overheard by other team members or guests. Explain to the complainant that it is important thatwehavesomething inwriting sothereis noinadvertentmisunderstanding ofthe nature of theallegations. • Request names of potentialwitnesses. • If the person refuses to give a written statement, confirm such a refusal to cooperate inwriting.

34. Harassment Investigation Protocol • SIGNED AND DATED STATEMENT - Confirm that the complainant has signed and dated the written statement and, ifpossible,havetheminclude asentencerightbeforethesignaturewhere complainantagrees that the statement is true and complete. • Example: “I agree that this statement is true and complete relating to my complaint of harassment against JohnDoe.” • ADVISE COMPLAINTANT COMPANY WILL REVIEW COMPLAINT – Emphasize that the company takes these complaints very serious. Advise complainant that the Company appreciates them reporting their concernsand that theCompanywillreviewtheallegationsandlet them know the results once the investigation is completed. Inform the complainant that after the investigation is complete the Company will take appropriate action based on its determination. If the review is going to take a couple of weeks, then the notification of this step should be inwriting. • ASSESS WHETHER COMPANY NEEDS TO TAKE IMMEDIATE ACTION WHILE REVIEW ISONGOING. This could include paid or unpaid suspension; or keeping complainant and alleged harasser on separate schedules during investigation (transfer temporarily to a different store). Remember, however, not to take any action that punishes/penalizes thecomplainant.

35. Harassment Investigation Protocol • Review surveillance videoandmakecopies ifapplicable.Alsogetcopiesoftextor emails thatwere referenced in thecomplaint. • INTERVIEW THE ALLEGED HARASSER AND SECURE SIGNED AND DATED WRITTEN STATEMENT – Notifythealleged harasser of the allegations andsecurea signedanddatedwritten statementfrom this team member responding to the complaint. Ask alleged harasser for the names of any witnesses or evidence they would like the Company to review as part of the process. Advise alleged harasser that the Company will review the allegations and let them know the results once the investigation is complete but emphasize that they are to avoid any type of retaliatory actions against thecomplainant. • SEPARATELY INTERVIEW ANY WITNESSES IDENTIFIED BY EITHER THE COMPLAINANT OR THEALLEGED HARASSER/DISCRIMINATOR. During this step, the goal is to find out what information, if any, these team members have regarding the allegations by the complainant or the response by the alleged harasser. Secure a signed and dated written statement from each witness, even if it just says thatthe persondoesn’thaveanyknowledgeregardingtheallegations. Explain to witnessesthat they are not to discuss or share information about the investigation (details of the information are private and confidential). Remind witnesses that confidentiality is necessary to protect the integrity of the investigation and to ensure that the Company receives trustworthy information. Inform the witnesses that they will be free from retaliation for providing trustworthy information. You also might want to consider distributing a Respectful Workplace Questionnaire to your team to gather the current culture of the Restaurant.

36. Harassment Investigation Protocol • ASSESS THE ALLEGATIONS AND THE INFORMATION THE COMPANY HAS GATHERED AS A PARTOF IT’SREVIEW. • REACH A CONCLUSION AS TO WHETHER THERE IS SUFFICIENT EVIDENCE TO SUBSTANTIATE THAT THE ALLEGED HARASSER ENGAGED IN INAPPROPRIATE CONDUCT. Remember there may be times where the Company concludes there is sufficient evidence and there may be times where the Company finds there is insufficient evidence. Need to assess each situation based on thefacts. Credible Factors: Memory - Consistency of accounts – Bias Witnesses – Perception - Corroboration • NOTIFY THE COMPLAINANT IN WRITING OF THE COMPANY’S CONCLUSION AND WHAT THE COMPANY IS DOING ABOUT THE SITUATION. Also, in this letter, we want to thank the complainant for bringing their concerns to our attention and advise the complainant to immediately report any further instances in thefuture. Please ask HR for assistance in creating these letters. • NOTIFY THE ALLEGED HARASSER IN WRITING OF THE COMPANY’S CONCLUSION AND ACTION TO BE TAKEN, reminding them not to discuss the investigation and advise the alleged harasser that all team members are expected to comply with the company policies against harassment and retaliation. • CASE WRAP-UP: Copies of all written documents (Case summary, Investigation notes, Video, Disciplinary Action Form, File memo’s, texts, emails, etc.) should be reviewed and approved by Operating Partner and sent to Human Resources to be maintained in the team members electronic Personnel Record which ison-site in the Boulder office.

37. Questions?

38. Respectful Workplace Training Attestation

39. Respectful Workplace Team Training Attestation I acknowledge that I have received training on Capstone Restaurant Group’s Respectful Workplace policies. I understand and agree to honor these policies and procedures for maintaining a respectful work environment. Should I have any questions or require further information, I am aware of the resources available to me. Date:_______________________ Group:______________________