EQUAL EMPLOYMENT OPPORTUNITY AND AMERICANS WITH DISABILITIES ACT

 The Company is an equal employment opportunity employer and is committed to equal employment opportunity without regard to race, religion, color, sex, age, national origin, citizenship, disability, veteran’s status, marital status, or any other legally protected status, which could form the basis of discrimination prohibited by applicable local, state or federal law.

  In addition to compliance with federal EEO statutes, TMONE complies with applicable state and local laws governing nondiscrimination.  

  Further, the Company supports and is committed to the policies contained with in the Americans With Disabilities Act (ADA); and will treat all applicants and employees with disabilities in accordance with the requirements of the ADA, including reasonable accommodations to any person who requires them and advises the Company of their particular needs.   

  Decisions made with respect to recruiting, hiring, and promotions for all job classifications, subject to the legitimate business requirements of TMONE, will be made solely on the basis of individual qualifications related to the requirements of the position. Likewise, the administration of all other personnel matters such as compensation, benefits, transfers, reductions in force, recall, training, education, and social/recreational programs will be free from any illegal discriminatory practice.

HARASSMENT

  The Company prohibits unlawful discrimination, including harassment and is committed to creating and maintaining a work-environment free of harassment.  Every employee should be aware that the Company strongly disapproves of any harassment within the workplace and will not tolerate such behavior.  The Company will take prompt and appropriate action to prevent, correct, and if necessary, discipline employees whose behavior violates this policy.  All employees are responsible for participating in the creation of a workplace free from harassment.

  Harassment is conduct focused on a person or group of persons including, but not limited to:

  Verbal Abuse - any language that degrades or berates oth­ers, including, but not limited to, racial, religious, or sexual comments, jokes, sexual innuendoes, or threats of any kind.

  Physical Abuse – includes, but is not limited to, touching, hitting, slamming, throwing, kicking or threatening another person, including restraining by force or blocking the path of another.

  Interference or Hostile Environment - any behavior or action which interferes with an employee’s ability to perform work assignments or which results in or creates a hostile or intimidating work environment.

  Sexual Harassment - includes, but is not limited to, sexual ad­vances, requests for sexual acts or favors and other physical conduct of a sexual nature, regardless of whether the harasser is of the same-sex as the person harassed, when:

  Submission to such conduct is made either explicitly or implied as a term or condition of an individual’s 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 is severe and pervasive, and has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive work environment.

 In addition, the following, although not comprehensive, is a list of specific examples of sexual harassment:

• Sexual flirtations
• Sexual verbal abuse such as jokes or slurs
• Comments about a person’s body
• Sexual pictures or objects
• Suggestive looks
• Personal letters or calls of a sexual nature
• Touching of another, including kissing or hugging

Retaliation - any adverse action or threat of adverse action taken or made because an individual has exercised or attempted to exercise any rights under state or federal employment laws or under the policies of TMONE.  Retaliation includes, but is not limited to:

 Verbal abuse;

 Threats of withholding or withdrawal of pay, promotions, training or other emp­loyment opportunities, and threats to terminate or actual termination of employment.

  In addition to the above forms of harassment, any behavior or action which interferes with an individual’s ability to perform job duties or which results in or cre­ates a hostile or intimidating work environment is considered harassment.

  TMONE will not tolerate the discrimination or harassment of employees and/or applicants. 

 Comments, conduct, off-color-jokes and innuendoes that may be perceived as offensive or harassing are strictly prohibited and will not be tolerated.

  In addition, TMONE will not tolerate the harassment of Company personnel by non-Company personnel on Company premises. Non-Company personnel include, but are not limited to, customers, vendors, guests and regulators. 

  Further, the Company strongly disapproves of any harassment occurring at any Company-sponsored events, including, but not limited to, Company parties and business meetings.  All employees should consider themselves to be held to the harassment policy herein during any Company-sponsored event, whether occurring at the offices of the Company or other venue. 

  Any employee who feels he/she is the victim of discrimination or harassment has a responsibility to report this to their supervisor or manager or other managerial personnel.  Reporting of the incident should be made verbally and/or in writing to the manager or the employee’s direct supervisor immediately.  If the reporting employee’s manager or direct supervisor is the person who is the alleged harasser, or if the reporting employee is not satisfied with the actions taken by the manager or direct supervisor to whom the employee reported, the reporting employee may seek to report any harassment to a higher level of management, including, but not limited to, the Chief Operating Officer or the Company’s General Counsel.  A written complaint should include the specific nature of the incident, date and place of incident, names of all parties involved as well as a detailed report of all pertinent facts. Complaints of harassment will be promptly and carefully investigated, and will be done so in a manner that respects the confidentiality of all individuals involved whenever reasonably possible and limits disclosure to a “need to know” basis.  Investigations will include interviews with all relevant persons, including the accused and other potential wit­nesses. 

  Any employee, who, in good faith, files a complaint of harassment, will be free from any and all reprisal or retaliation as a result of filing the complaint.  Investigators will make every effort to strike a balance between the parties’ desires for privacy and the need to conduct a fair and effective investigation.

  Harassment shall subject an employee to disciplinary action up to and including termination.  Likewise, there will be disciplinary measures if in fact it is determined that the incident and thus the accusation were fabricated.

I acknowledge that have received harassment and diversity awareness training. 

I understand that:  (1) I have the right to work in an environment free from harassment;  (2) I have a responsibility not to engage in behaviors that constitute harassment; and (3) if I feel I am being harassed, I have the right and responsibility to either communicate this directly to the harasser or to a non-involved supervisor or member of management.

I also understand that as a member of management that I am responsible for reporting all incidents of harassment that I have observed/been made aware of to my direct report.  I also understand that I may be asked to participate in any investigation of those claims as TMone sees fit to involve me.