2.4 Anti-Harassment, Non-Discrimination and Retaliation Policy

Purpose & Scope

THE COMPANY is committed to maintaining a professional, respectful, and safe workplace where all individuals are treated with dignity. Harassment, discrimination, or retaliation of any kind is strictly prohibited. This Policy applies to:

• All Team Members (full-time, part-time, seasonal, or temporary)
• Managers, supervisors, and Directors
• Applicants and candidates
• Vendors, contractors, delivery personnel, and service providers
• Guests, customers, and visitors
• Any individual interacting with Team Members in connection with THE COMPANY’s operations

This Policy applies to conduct occurring:

• On THE COMPANY premises
• In the restaurant, parking lot, or surrounding areas
• During work-related travel
• At off-site or company-sponsored events
• Over digital, virtual, or electronic platforms (email, calls, group chats, social media, etc.)
• Off-duty if such conduct affects the work environment, a Team Member’s safety, or working relationships

Policy Statement

THE COMPANY maintains zero tolerance for harassment, discrimination, or retaliation. Prohibited conduct will result in corrective action, up to and including termination.

All employment decisions—including hiring, training, assignment, scheduling, compensation, promotion, discipline, and termination—must be free of discrimination and based solely on job-related factors.

 

Equal Opportunity Protections

Harassment or discrimination based on any of the following is strictly prohibited:

• Race, color, ethnicity, or traits historically associated with race (including protective hairstyles under the Georgia CROWN Act)
• National origin, ancestry, or citizenship
• Religion or creed (including dress, grooming, and observance practices)
• Sex, sexual orientation, gender identity, gender expression, or transgender status
• Pregnancy, childbirth, breastfeeding, or related medical conditions
• Age (40 and over)
• Physical or mental disability (actual, perceived, or conditional)
• Genetic information
• Marital, family, military, or veteran status
• Any other characteristic protected under federal, state, or local law

 

Definitions

• Harassment
  • Unwelcome verbal, physical, visual, digital, or non-verbal conduct based on a protected characteristic that:
    • Creates a hostile, intimidating, offensive, or abusive environment; or
    • Interferes with an employee’s ability to perform their job; or
    • Adversely affects employment opportunities
  • Harassment may be severe (one major incident) or pervasive (ongoing repeated behaviors).
  • Intent is irrelevant—harassment is evaluated by impact, not intent. 
• Sexual Harassment
  • Unwelcome sexual conduct, including:
    • Sexual advances
    • Requests for sexual favors
    • Sexually suggestive comments or jokes
    • Inappropriate discussions about bodies, sexual behavior, or fantasies
    • Unwanted touching, hugging, or physical closeness
    • Sexual gestures, stares, or leering
    • Displaying sexual materials
• Quid Pro Quo Sexual Harassment
  • Occurs when submission to, or rejection of, sexual conduct is used as the basis for employment decisions, including:
    • Schedule changes
    • Hours
    • Pay
    • Discipline
    • Promotions
    • Continued employment
  • Only individuals with actual or apparent authority can commit quid pro quo harassment. 
• Hostile Work Environment
  • Occurs when unwelcome conduct based on a protected characteristic becomes:
    • Severe,
    • Pervasive, or
    • Both,
  • such that it alters the conditions of employment or creates an abusive atmosphere.
• Microaggressions
  • Subtle, indirect, or repeated comments, jokes, or behaviors that target a protected characteristic and collectively contribute to a hostile work environment.
• Intersectional Harassment
  • Harassment directed at someone based on a combination of protected traits (e.g., race + gender).
• Non-Verbal Harassment
  • Examples include:
    • Staring, leering, eye-rolling
  • • Blocking pathways
  • • Using body posture to intimidate
  • • Mocking gestures or facial expressions 
• Retaliation
  • Any adverse treatment toward a Team Member who:
    • Reports discrimination or harassment
    • Opposes conduct believed to violate this Policy
    • Participates in an investigation
  • Retaliation includes:
    • Reducing hours or shifts
    • Social exclusion or isolation
    • Intimidation or threats
    • ANY negative action connected to reporting
    • Spreading rumors
    • Changes in assignment or undesirable shifts

 

Forms of Harassment

• Verbal Harassment
  • Slurs, insults, epithets
  • Derogatory nicknames
  • Offensive jokes or mocking
  • Comments about appearance, bodies, or sexual matters
  • Repeated requests for personal contact
• Physical Harassment
  • Blocking pathways, crowding, or cornering
  • Unwanted touching, grabbing, or hugging
  • Physical intimidation or assault
  • Damaging personal property
• Visual Harassment
  • Offensive images, symbols, posters, or drawings
  • Sexually suggestive gestures
  • Virtual backgrounds or profile photos with offensive content
  • Inappropriate memes, videos, or messages
• Digital & Social Media Harassment
  • Prohibited conduct includes:
    • Inappropriate messages (text, DM, chat)
    • Sexual jokes or pictures sent digitally
    • Harassing or discriminatory comments in group chats
    • Posting or sharing offensive content about coworkers
    • Creating fake accounts to harass others
    • Screenshots, recordings, or photos used to embarrass or intimidate
  • This applies to:
    • On-duty and off-duty conduct
  • • Personal and THE COMPANY devices
    • Personal and THE COMPANY social media accounts
    • Group chats including coworkers
• Workplace Gossip & Rumors
  • Strictly prohibited:
    • Gossip about sexual behavior, orientation, or gender identity
    • Spreading rumors regarding protected characteristics
    • Sharing private personal or medical information
    • “Jokes” or “stories” about coworkers that relate to a protected trait
• Third-Party Harassment
  • Harassment by:
    • Guests
    • Vendors
    • Delivery drivers
    • Contractors
    • Salespeople
    • Visitors
  • THE COMPANY will take immediate action including:
    • Removal from premises
    • Termination of business relationships
    • Contacting law enforcement if necessary

 

Off-Duty Conduct with Workplace Impact

This Policy applies to off-duty conduct when it:

• • Affects working relationships
  • Involves coworkers or supervisors
  • Occurs in group chats or social media used by employees
  • Creates a hostile or threatening environment at work
  • Impacts safety, dignity, or wellbeing of any Team Member
• Examples:
  • Harassing texts after work
  • Offensive posts targeting coworkers
  • Harassment at parties or gatherings involving coworkers
  • Group chat bullying or sexual conversations

Consensual Relationships & Power Dynamics

Romantic or sexual relationships between:

• A manager and anyone they supervise
• A supervisor and an applicant
• A director and any subordinate

…are strongly discouraged due to risk of:

• Coercion
• Favoritism
• Perception of bias
• Hostility among other Team Members

Any such relationship must be disclosed immediately so THE COMPANY can implement safeguards.

Undisclosed relationships may result in disciplinary action.

 

Teen Worker Protections

Given THE COMPANY’s mixed-age workforce, additional protections apply when minors (under age 18) are involved.

Strictly prohibited:

• Sexual or romantic comments toward minors
• Dating or pursuing minors
• Sharing sexual jokes, content, or images
• Inviting minors to off-duty adult activities
• Interactions between adult employees and minors that create power imbalance risks

Any violation will result in immediate disciplinary action up to termination.

 

Reporting Procedures

Team Members are encouraged and required to report concerns promptly. 

Ways To Report:

1. Complaint Incident Reporting Form (preferred)
2. Any Manager or Supervisor
3. District Manager
4. Director of Operations
5. DGI Corporate Office Team Member

Mandatory Manager Reporting

Managers and supervisors must report:

• All complaints
• All observed or suspected misconduct
• ANY inappropriate conduct involving minors

Failure to report is a direct violation.

Anonymous Reporting

Available through the Complaint Incident Reporting Form.

Bystander Intervention & Reporting

Team Members who witness misconduct:

• Must report
• Are fully protected from retaliation
• Are encouraged to safely interrupt inappropriate behavior if possible

 

Investigations

All complaints will be:

• Prompt
• Thorough
• Fair
• Impartial

May Include:

• Interviews (complainant, witnesses, accused)
• Review of digital evidence (texts, cameras, calls, group chats)
• Review of schedules, logs, or prior complaints

Interim Protections

May include:

• Separating team members
• Adjusting schedules
• Temporary reassignments
• Modifying reporting structures
• Removing third parties from the premises

Confidentiality

Maintained to the greatest extent possible.

Corrective Action

May include:

• Retraining
• Counseling
• Written warning
• Suspension
• Termination
• No-trespass orders for third parties 

Record Retention

Records will be retained no less than three (3) years or longer if required by law.

 

Retaliation Prohibited

Retaliation of any kind is strictly prohibited.

Examples include:

• Reduced hours
• Removal from schedule
• Assignment to less favorable shifts
• Intimidation or threats
• Rumors, gossip, or exclusion
• Hostile behavior from coworkers or supervisors

ANY act of retaliation will result in discipline, up to termination.

 

False or Malicious Complaints

Knowingly filing a false complaint is prohibited.
However:

Good-faith complaints are ALWAYS protected, even if not substantiated.

 

Legal Rights

Nothing in this Policy prevents Team Members from exercising their rights under:

• Title VII
• ADA / ADAAA
• ADEA
• GINA
• PWFA
• NLRA
• EEOC complaint processes
• Applicable Georgia laws

 

Zero Tolerance Commitment

THE COMPANY maintains a zero-tolerance stance toward:

• Harassment
• Discrimination
• Retaliation

Every Team Member is responsible for adhering to and enforcing this Policy.