Respect in the Workplace Policy

I. STATEMENT SUMMARY

The Respect in the Workplace Policy (“Policy”) is applicable to DEA TopCo LP, and its wholly owned and/or controlled direct and indirect subsidiaries (hereafter, “we,” “our,” “us,” or the “Company”), including all full-time or part-time employees and other third parties performing work for or on the Company’s behalf on a dedicated basis, including contingent workers, casual workers, contractors, probationers, trainees, apprentices, consultants, agents and representatives of the Company (collectively, “Company Representatives”).

We affirm that all persons are entitled to equal employment opportunities and a safe, healthy, and fair work environment (hereafter “Respect in the Workplace”). As such, we are committed to a zero-tolerance approach to all forms of bullying, discrimination, harassment, and retaliation in the workplace.

We do not tolerate unlawful harassment, discrimination or any mistreatment (including sexual harassment or discrimination) by or of Company Representatives, guests, clients, or agency partners in the workplace or in a work-related situation, including on the basis of sex, race, color, nationality, ethnic or national origin, ancestry, descent, citizenship, place of birth, religion (or belief, where applicable), age, disability, medical condition, marital status, pregnancy, sexual orientation, veteran status, genetic information or characteristics (or those of a family member), membership in a union, criminal record, or any other basis prohibited by applicable law.

II. STATEMENT APPLICATION

This Policy applies to all workplaces, Company Representatives, guests, and visitors whether working for remuneration or not, or working on a voluntary basis or otherwise.

This Policy shall also apply in all corporate offices, show rooms, back-offices, training centers and any other workplaces or worksites where Company Representatives work or are posted to conduct work-related activities on behalf of the Company. Any incidents taking place outside of the workplace, but during Company business, including conferences, work functions, office parties and business trips or field trips, will be treated in the same way as if they had occurred in the workplace.

This Policy does not create a contract with the Company, and nothing in this Policy shall grant any one any additional rights to pursue legal claims against the Company beyond those rights that exist under the applicable laws. To the extent a conflict exists between the policies, protections, procedures, or provisions of this Policy and the governing law, governing law shall apply.

III. HARASSMENT, DISCRIMINATION, WORKPLACE VIOLENCE, AND MISTREATMENT

We are dedicated to maintaining a creative, culturally diverse, and supportive work environment. In accordance with our commitment to provide a respectful and safe environment as well as our commitment to the principle that all Representatives have the right to be treated with dignity and respect, we do not tolerate harassment or discrimination of Company Representatives or non-Representatives with whom the Company has a business, service, or professional relationship. In addition, we do not tolerate workplace violence of any kind.

Any of the following behaviors by any Company Representatives or other person within the work premises of the Company will not be tolerated and may be treated as a breach of our Code of Conduct, the employee’s employment contract, the third parties’ contract with the Company, and it may be considered as serious gross misconduct that could lead to disciplinary action:

• Sexual harassment, which includes unwelcome sexual contact or advances, molestation, stalking, eye-teasing, innuendoes, taunts, lurid stares, physical confinement against one’s will, intrusion upon one’s privacy, intimidation, requests or demands for sexual favors. Sexual harassment may also include, without limitation, physical, verbal, or non-verbal conduct; sexually oriented comments, “kidding”, sounds, remarks, or jokes; comments about an individual’s appearance; unwanted physical contact such as touching, patting, pinching or repeated brushing against another’s body; displaying or viewing of pornographic, nude, or semi-nude videos or pictures; or implied or explicit promises of preferential or detrimental treatment.
• Other types of harassment and intimidating behavior, which include making or using derogatory or inappropriate comments, slurs, jokes, ridicule, innuendoes, taunts, threats, physical or psychological bullying, coercion, intimidation, using abusive language, sabotaging, poking fun, spreading rumors, name calling, belittling, unwelcome comments about a person’s physical appearance, sex, race, color, nationality, ethnic or national origin, ancestry, descent, citizenship, place of birth, religion (or belief, where applicable), age, disability, medical condition, marital status, pregnancy, sexual orientation, veteran status, genetic information or characteristics (or those of a family member), membership in a union, or criminal record.

Harassment can take many forms and the examples above are not exhaustive. Harassment can occur through email, instant message, SMS, MMS, internet chats or in electronic media (e.g. social networking websites). Bear in mind that what is acceptable behavior to one person may not be acceptable to another. All Company Representatives shall conduct themselves in the workplace or in the course of their work in a manner so that they do not commit any type of harassment. Harassment of any type is offensive, distracts Representatives from their work, serves no useful purpose, and depending on the jurisdiction, can result in civil liability or a criminal liability.

Harassment of any type will not be tolerated and will be investigated and addressed by the Company on a case-by-case basis. No adverse action will be taken by the Company against any Company Representatives for reporting in good faith or opposing any form of discrimination, harassment, or retaliation.

While this Policy sets forth the framework for fostering Respect in the Workplace, it does not cover every question or situation you may face on the job. It is important to use your own common sense and good judgment of what is right based on the standards set forth in the Policy and to ask for help if you are unsure about the right course of action.

All Company Representatives have the responsibility to refrain from participating in the type of behavior prohibited by this Policy.  For the avoidance of doubt, this Policy does not prohibit fair and constructive feedback of an employee’s performance, conduct or attendance, or reasonable and essential discipline arising from the good management of the performance of an employee at work.

IV. DISABILITY INCLUSION IN THE WORKPLACE

The Company will create a culture of disability inclusion in the workplace by accommodating the needs of: (1) a person with a disability; (2) a person with a record of a disability; or (3) a person regarded as being disabled by making reasonable adjustments necessary to ensure, as far as reasonably practicable in all the circumstances, that the individual is not disadvantaged in comparison with other employees and workers of the Company, and potential candidates in the hiring process.

Any applicant or employee who requires workplace modifications in order to perform their role should contact the Human Resources Department. The Company will engage in an interactive process with input from the applicant or employee to determine what appropriate support would be most effective. Under certain circumstances, the Company may ask the applicant or employee to provide specified documentation (to the extent permitted by law) of any limitations requiring reasonable accommodation; or if such documentation is necessary and is not available, to visit an appropriate health care professional of the Company’s choice to substantiate the existence of a disability and the need for a reasonable accommodation. In such cases, the Company will seek to provide adequate support unless this causes an undue hardship or poses a direct threat to the health and safety of others in the workplace.

V. REPORTING SUSPECTED VIOLATIONS

To foster a safe, healthy, and fair work environment, we are committed to a zero-tolerance approach to any violations of this Policy.

All Company Representatives are strongly encouraged, and managers are obligated, to report any violation of this Policy of which they are or become aware of in a timely manner. The Company is committed to protecting those who speak up when they suspect any violation without fear of retaliation, discrimination, or adverse employment consequences.  All Company Representatives should share equal responsibility in fostering an inclusive workplace so that all are valued and have the opportunity to reach their full potential. This Policy is intended to encourage and enable you to raise these concerns within the Company in a safe, healthy, and fair manner.

Any guest, visitor, or Company Representative who has a complaint, witnesses, or otherwise suspects harassment, discrimination, workplace violence, or other violation of this Policy has occurred (“Complainant”) should inform the individual that the behavior is offensive and/or unwelcome and request that the behavior stop. If the behavior continues, or if the Complainant feels uncomfortable raising the issue with that individual, the Complainant should immediately bring the matter to the attention of a manager, the Human Resources Department, the Chief Legal and Compliance Officer (“CLO”), or to the Company’s Ethics Hotline. If the Complainant’s manager is involved in violating this Policy, this should be reported directly to the Company’s Human Resources Department, the CLO, or through the Company’s Ethics Hotline.

Although a Complainant is not required to furnish any more information than what he/she wishes to disclose, it is essential for the Company to have all critical information in order to enable the Company to effectively evaluate and investigate the complaint. In order for the Company to complete a thorough investigation, the complaint or disclosure must provide as much detail and be as specific as possible, particularly an anonymous complaint, including names and dates, in order for the Company to perform an adequate and thorough investigation. To the extent possible, the complaint or disclosure should include the following:

1. The Company Representatives/s, and/or outside party or parties involved;
2. The place/s where it happened (division, office, etc.);
3. When did it happen: the date/s or a period of time;
4. Type of concern or description (what happened); and/or
5. Who to contact for more information, if necessary.

Managers at all levels who observe or become aware of instances of harassment or discrimination must immediately inform the Company’s Human Resources Department or CLO. Supervisors and managers must also create an environment in which Company Representatives can safely and freely raise questions and express concerns and must watch carefully for indications of inappropriate behavior in violation of this Policy.

In addition to these complaint procedures, certain central, federal, local and state law enforcement agencies and regulatory authorities are authorized to review complaints of discrimination and harassment. Nothing in this Policy prohibits you from reporting or communicating with government agencies about possible violations of local laws, otherwise providing information to government agencies, filing a complaint with government agencies, participating in government agency investigations or proceedings, or otherwise seeking legal recourse where the conduct amounts to a specific offence under applicable laws, rules or regulations. The laws, rules and regulations vary from country to country and nothing in this Policy is meant to supersede any applicable laws, rules or regulations.

For the avoidance of doubt, this Policy is not, intended to be used to question decisions taken by the Company that are not violations of this Policy, nor should it be used as a means to reconsider any matters which have already been addressed pursuant to disciplinary or other internal procedures of the Company.

For further information on reporting, please also refer to our Whistleblower Policy.

VI. INVESTIGATIONS AND CONFIDENTIALITY 

All complaints or concerns received by the Company will be handled promptly and be treated with dignity and seriousness. The Company will investigate complaints to the extent necessary and appropriately under the circumstances, including through verifying facts specified in the complaint and interviewing people, as necessary.

All Company Representatives are required to cooperate fully with any investigation. Company Representatives who are interviewed, asked to provide information, or otherwise participate in an investigation have a duty to fully cooperate with the investigators and provide truthful, complete, and accurate information. However, you should not investigate independently, as alleged violations may involve complex legal and factual issues, and you may risk compromising the integrity of an investigation.

All complaints will be treated as confidential to the extent reasonably possible. All information disclosed when reporting a concern or raising a complaint, and during investigations, will be kept confidential to the extent practicable under the circumstances. However, consistent with the need to conduct an adequate investigation and to take any remedial action, the Company cannot and does not guarantee complete confidentiality.

If, at the conclusion of its investigation, the Company determines that a violation of this Respect in the Workplace Policy occurred, the Company will take disciplinary action against the alleged offender, up to and including termination or his/her employment with the Company.

For further information on investigations and confidentiality, please also refer to our Whistleblower Policy.

VII. NON-RETALIATION FOR REPORTING SUSPECTED VIOLATIONS

We know it takes courage to come forward and share your concerns. No Company Representative who, in good faith, raises a concern or lodges a complaint under this Policy shall suffer reprisal, discrimination, or adverse employment consequences. The Company strictly prohibits discrimination, retaliation, or harassment of any kind against anyone who makes a good faith report about possible harassment, discrimination, or misconduct or otherwise assists in an investigation of potential misconduct or violation of this Policy.

Any Company Representative who retaliates against another Company Representative for lodging a complaint or participating in an investigation will be subject to strict disciplinary action up to and including the immediate termination of employment or termination of their relationship with the Company. It may be noted that on matters of harassment and/or discrimination, certain laws specifically provide this protection.

Any Company Representative who makes a disclosure or complaint in good faith and believes that they are being subjected to discrimination, retaliation, or harassment for having made a report under this Policy should immediately report those facts to a manager, Human Resources Department, or the CLO. If any of these parties are involved in a suspected violation, you should bring the matter to the attention of the Chairman of the Board, whose contact details may be found on the Company’s Whistleblower Policy. It is imperative that you bring such matters to the Company’s attention promptly so that any concern of reprisal, discrimination or adverse employment consequences can be investigated and addressed promptly and appropriately.

VIII. ENFORCEMENT AND DISCIPLINARY ACTION FOR VIOLATIONS

The Company intends to use every reasonable effort to prevent the occurrence of conduct not in compliance with this Policy and to halt any such conduct that may occur as soon as reasonably possible after its discovery. If the Company determines that a violation of this Policy has occurred, the Company will take effective remedial action commensurate with the severity of the offense. This may include disciplinary action and reasonable and necessary measures to prevent any further violations which may have resulted in a complaint being made. Subject to applicable law and agreements, Company Representatives who violate this Policy may be subject to disciplinary action, up to and including their immediate dismissal.

Please be aware that any Company Representatives, regardless of their position with the Company, can be held liable for their own harassing conduct in violation of this Policy.

In addition, Company Representatives who fail to cooperate in an investigation, or who deliberately provide false information during an investigation, will be subject to disciplinary action, up to and including their immediate dismissal.

IX. KNOWINGLY MAKING FALSE COMPLAINTS

While this Policy is intended to protect Company Representatives from any unfair treatment as a result of their genuine disclosures or statements, misuse of this protection by knowingly or intentionally making false, frivolous, malicious or bogus complaints is strictly prohibited. Any Company Representatives who knowingly or intentionally makes a false, frivolous, malicious, or bogus complaint will be subject to strict disciplinary action. For purposes of this section, the mere inability of the Company or the Complainant to substantiate a complaint or provide adequate proof that a violation has been committed will not be considered false, frivolous, malicious, or bogus.

X. DOCUMENT RETENTION

The Company shall maintain documentation of all complaints or reports subject to this Policy, undertake appropriate analysis, and apprise the Company’s management of the same on a periodic/need-based basis. The Company will create and maintain a knowledge management database to ensure consistency in addressing all such issues across the Company. The documentation shall include any written submissions provided by the Complainant, any other Company documents or evidence identified in the complaint or by the Company as relevant to the complaint, a summary of the date and manner in which the complaint was received by the Company, any documents or evidence developed as part of the investigation, including the findings and conclusion, and any response by the Company to the complainant. All such documentation shall be retained by the Company for a minimum of seven (7) years from the date of receipt of the complaint.

XI. MODIFICATIONS

The Company may modify this Policy unilaterally at any time without notice. Modifications may be necessary, among other reasons, to maintain compliance with local, state, central and federal regulations and/or accommodate organizational changes within the Company. The Company will use its best efforts to communicate modifications to the Policy to its Representatives. At all times, the most up-to-date version of the Policy may be requested from the Company’s Human Resources Department.

EFFECTIVE DATE: March 2022