Davey Tree is committed to providing a productive and supportive work environment for our employees that is free from unlawful discrimination, harassment, and retaliation. Davey Tree prohibits all conduct that violates this policy regardless of
whether it rises to the level of illegal harassment, discrimination, or harassment under applicable law.¹

HARASSMENT

Harassment is counter to the values and goals of this organization. Harassment on the basis of an employee’s race, color, ancestry, religion, age, national origin, medical condition or disability (mental and physical), pregnancy status (including childbirth, breastfeeding, and related conditions), military or veteran status, sexual orientation, sex, gender identity or expression, protected genetic information, familial status, political affiliation, or other characteristic protected by federal, state, or local law, will not be tolerated. Any such harassment by our employees, applicants, customers, contractors, subcontractors, or other business associates is prohibited by this policy, whether or not it also violates applicable federal, state, or local law.

Harassment is defined as unwelcome conduct based on a person’s race, color, ancestry, religion, age, national origin, medical condition or disability (mental and physical), pregnancy status (including childbirth, breastfeeding, and related conditions), military or veteran status, sexual orientation, sex, gender identity or expression, protected genetic information, familial status, political affiliation, or other protected status that creates a working environment that is intimidating, hostile, or offensive or becomes a condition of continued employment. Harassment may be verbal, non-verbal, or physical. Examples of harassment prohibited by this policy include but are not limited to, the following conduct: vulgar or profane language; offensive jokes or insults; racial or ethnic slurs; comments, written or graphic material that ridicules, denigrates, insults or shows hostility, aversion or disrespect toward an individual or group because of a protected classification; threatening or demeaning comments; negative stereotyping; assault; stalking; and improper touching or brushing. Harassment can also occur away from the workplace premises, on personal devices, or during non-work hours.

This policy specifically prohibits sexual harassment, which may include, but is not limited to, the following conduct:

• Unwelcome verbal conduct such as offensive sexual remarks, innuendoes or comments, sexual jokes, use of offensive sexual stereotypes, and/or other offensive verbal conduct pertaining to sex;
• Unwelcome sexual advances, propositions, or requests for sexual favors;
• Unwelcome and offensive physical conduct, including touching, leering, blocking an employee’s movement, or sexual gestures;
• Unwelcome and offensive written conduct such as offensive pictures, sexually suggestive posters, drawings, cartoons, photographs, or other communications, including e-mail; reprisals or threatening reprisals for an employee’s unwillingness to respond to requests for sexual favors; or
• Reprisals or threatening reprisals for complaining about or for reporting a violation of this policy.

In addition to being a violation of Davey Tree’s policy, harassment is against the law. Harassment can violate federal law (Title VII of the Civil Rights Act of 1964, codified as 42 U.S.C. § 2000e et seq.), state law (including, but not limited to, the New York State Human Rights Law, codified as N.Y. Exec. Law, art. 15, § 290 et seq.), and applicable local laws (including the New York City Human Rights Law). Davey Tree will not tolerate harassment of its employees by managers, supervisors, other employees, or individuals conducting business with Davey Tree (including, but not limited to, contractors, subcontractors, vendors, customers, consultants, or temporary workers). Any employee who violates the harassment policy will be subject to immediate disciplinary action, up to and including discharge.

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¹ This policy shall be interpreted to prohibit sexual harassment consistent with the guidance issued by the New York State Department of Labor in consultation with the New York State Division of Human Rights.

COMPLAINT PROCEDURE & INVESTIGATION

If, at any time, you feel you have been subjected to harassment or you learn about any other potential harassment, contact your supervisor or a member of the Human Resources or Legal Department immediately. You are not required to report or make a complaint of harassment to any person who is participating in the conduct or who appears to be allowing it to occur. If your supervisor is the one engaging in or condoning the conduct, you should report your complaint to a member of the Human Resources or Legal Departments or another Davey Tree supervisor or manager. Human Resources may be contacted at the following telephone number: 800-447-1667, ext. 8381, and the Legal Department may be contacted at 800-447-1667, ext. 8301. Employees who have a complaint regarding sexual harassment are also encouraged to complete a written report using Davey Tree’s Sexual Harassment Complaint Form, a copy of which may be obtained by contacting Human Resources or on the Davey Portal under HR Documents.

After any report or complaint of harassment is made, an investigation by appropriate Davey Tree management will be promptly conducted, and appropriate action, if necessary, will be taken. The investigation and the identity of any parties involved will be kept confidential to the extent possible and all persons involved will be accorded due process to protect their rights to a fair, timely, and impartial investigation.

Any employee may be required to cooperate as needed in an investigation of suspected harassment. While the process may vary depending on the specific complaint at issue, Davey Tree will generally interview individuals identified in the complaint or who are found to have information concerning the report of potential harassment. Davey Tree will also request and review documents relevant to the complaint and investigation. If it is determined that this policy has been violated, Davey Tree will take prompt and appropriate corrective action, up to and including discharge, to stop the inappropriate conduct and prevent its recurrence.

In addition to the procedure and remedies available under this policy, employees may also choose to pursue legal remedies with certain governmental entities: (i) the United States Equal Employment Opportunity Commission; (ii) state fair employment
agencies (including, but not limited to, the New York State Division of Human Rights and the Ohio Civil Rights Commission or the state where the employee lives or works); (iii) state and federal courts; and (iv) other local protections through an  employee’s county, city, or town of residence and local police department.

Employees may enter into a non-disclosure or non-disparagement agreement concerning any resolution of any complaint, but may not be required to do so, in accordance with state law.

MANAGEMENT RESPONSIBILITIES

Any Davey Tree supervisor or manager who receives a harassment complaint or information regarding suspected harassment or other potential violations of this policy, observes conduct that may violate this policy, or otherwise has reason to suspect that harassment, discrimination, or retaliation has occurred, is required to report such issues to Human Resources or the Legal Department in accordance with the complaint procedure described above. Any supervisor or manager who violates this policy, fails to report suspected harassment or violations of this policy, or knowingly allows harassment or other inappropriate conduct to continue will be subject to disciplinary action, up to and including discharge.

RETALIATION

No employee will be subject to reprisal or retaliation for having made a good faith complaint of harassment, provided information related to an investigation of suspected harassment, participated in an investigation into allegations of harassment, or who testified or assisted in any proceeding concerning harassment

DIRECTIONS FOR CONTACTING INTERNAL RESOURCES

• Website: daveyvoice.ethicspoint.com
• Contact us by Phone: (844) 916-2751
• Mobile: daveyvoicemobile.ethicspoint.com

DIRECTIONS FOR CONTACTING APPROPRIATE EXTERNAL AGENCIES

Employees who wish to pursue legal remedies with certain government entities may contact the federal Equal Employment Opportunity Commission (EEOC) and/or the appropriate state fair employment agency for the state in which they work. The following is information for contacting the EEOC and relevant state fair employment agencies:

Federal Agency

Equal Employment Opportunity Commission
https://www.eeoc.gov/employees/howtofile.cfm 

State Agencies

Alaska State Commission for Human Rights
https://humanrights.alaska.gov/how-to-contact-the-commission/ 

Arizona Attorney General’s Office, Civil Rights Division
https://www.azag.gov/contact-us 

California Department of Fair Employment and Housing
https://www.dfeh.ca.gov/complaint-process/file-a-complaint/ 

Colorado Civil Rights Division
https://www.colorado.gov/pacific/dora/civil-rights/filing-a-charge 

Connecticut Commission on Human Rights and Opportunities
https://www.ct.gov/chro 

Delaware Department of Labor, Office of Anti-Discrimination
https://dia.delawareworks.com/discrimination/file-a-charge.php 

Florida Commission on Human Relations
https://fchr.myflorida.com/employment 

Georgia Commission on Equal Opportunity
https://gceo.georgia.gov/webform/employment-complaint-form 

Hawaii Civil Rights Commission
http://labor.hawaii.gov/hcrc/contact/ 

Idaho Human Rights Commission
https://humanrights.idaho.gov/Contact-Us 

Illinois Department of Human Rights
https://www2.illinois.gov/dhr/FilingaCharge/Pages/Employment.aspx 

Indiana Civil Rights Commission
https://www.in.gov/icrc/2336.htm 

Iowa Civil Rights Commission
https://icrc.iowa.gov/file-complaint 

Kansas Human Rights Commission
http://www.khrc.net/complaint.html 

Kentucky Commission on Human Rights
https://kchr.ky.gov/filingcomplaints/Pages/default.aspx 

Louisiana Commission on Human Rights
http://gov.louisiana.gov/page/filing-a-complaint-with-lchr 

Maine Human Rights Commission
https://www.maine.gov/mhrc/file 

Maryland Commission on Human Rights
https://mccr.maryland.gov/Pages/Intake.aspx 

Massachusetts Commission Against Discrimination
https://www.mass.gov/file-a-complaint-of-discrimination 

Michigan Department of Civil Rights
https://www.michigan.gov/mdcr/ 

Minnesota Department of Human Rights
https://mn.gov/mdhr/intake/ 

Missouri Commission on Human Rights
https://labor.mo.gov/mohumanrights/File_Complaint 

Montana Human Rights Bureau
http://erd.dli.mt.gov/human-rights/filing-a-complaint 

Nebraska Equal Opportunity Commission
http://www.neoc.ne.gov/complaint/complaint.html 

New Hampshire Commission for Human Rights
https://www.nh.gov/hrc/howto.html 

New Jersey Division on Civil Rights
https://www.nj.gov/oag/dcr/filing.html 

New Mexico Human Rights Bureau
https://www.dws.state.nm.us/Filing-a-Complaint-of-Discrimination 

New York State Division of Human Rights
https://dhr.ny.gov/complaint 

Nevada Equal Rights Commission
https://detr.nv.gov/Page?Id=137 

North Carolina Office of Administrative Hearings, Civil Rights Division
https://www.oah.nc.gov/civil-rights-division/employment-discrimination 

North Dakota Department of Labor and Human Rights
https://www.nd.gov/labor/human-rights/employment-discrimination 

Ohio Civil Rights Commission
https://www.crc.ohio.gov/FilingaCharge/ChargeFilingProcedure.aspx 

Oklahoma Office of the Attorney General, Office of Civil Rights Enforcement
http://www.oag.ok.gov/where-to-submit-a-civil-rights-complaint 

Oregon Bureau of Labor and Industries, Civil Rights Division
https://www.oregon.gov/boli/CRD/Pages/C_Crcompl.aspx 

Pennsylvania Human Relations Commission
https://www.phrc.pa.gov/About-Us/Pages/RegionalOffices.aspx 

Rhode Island Commission for Human Rights
http://www.richr.ri.gov/filecharge/index.php 

South Carolina Human Affairs Commission
https://schac.sc.gov/employment-discrimination/how-file-employment-complaints 

South Dakota Department of Labor & Regulation, Division of Human Rights
https://dlr.sd.gov/human_rights/default.aspx 

Tennessee Human Rights Commission
https://www.tn.gov/humanrights/file-a-discrimination-complaint.html 

Texas Workforce Commission, Civil Rights Division
https://twc.texas.gov/partners/civil-rights-discrimination 

Utah Antidiscrimination and Labor Division
https://laborcommission.utah.gov/divisions/AntidiscriminationAndLabor/ 

Vermont Attorney General’s Office, Civil Rights Unit
https://ago.vermont.gov/about-the-attorney-generals-office/divisions/civil-rights/ 

Virginia Division of Human Rights
https://www.oag.state.va.us/index.php/programs-initiatives/human-rights 

Washington State Human Rights Commission
https://www.hum.wa.gov/file-complaint 

Washington, D.C., Office of Human Rights
https://ohr.dc.gov/service/file-complaint 

West Virginia Human Rights Commission
https://hrc.wv.gov 

Wisconsin Department of Workforce Development, Equal Rights Division
https://dwd.wisconsin.gov/er/civil_rights/file_a_complaint.htm 

Wyoming Department of Employment Labor Standards Division
http://wyomingworkforce.org/contact/labor/ 

¹ This policy shall be interpreted to prohibit sexual harassment consistent with the guidance issued by the New York State Department of Labor in consultation with the New York State Division of Human Rights.