EEO

McCarthy Holdings, Inc. (“McCarthy”) and its subsidiaries will not discriminate against any employee or applicant for employment because of that person's race, color, gender, age, sexual orientation, gender identity, gender expression, religious beliefs, marital status, genetic information, national origin, disability, protected veteran status or any other basis protected by federal, state, or local law and will treat all such employees or applicants equally as required by such law. Moreover, to the extent required under the relevant federal law pertaining to federal contractors, the Company will take affirmative action in an effort to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, gender, age, sexual orientation, gender identity, religious beliefs, marital status, genetic information, national origin, disability or protected veteran status. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. 

McCarthy will not discharge or in any other manner discriminate against employees or applicants because they have inquired about, discussed, or disclosed their own pay or the pay of another employee or applicant. However, employees who have access to the compensation information of other employees or applicants as a part of their essential job functions cannot disclose the pay of other employees or applicants to individuals who do not otherwise have access to compensation information, unless the disclosure is (a) in response to a formal complaint or charge, (b) in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or (c) consistent with the contractor’s legal duty to furnish information.

The EEO Policy has the support of McCarthy’s Chief Operating Officer who has assigned responsibility for its implementation to Allen Gershenson, the Vice President for the Office of Ethics and Compliance. McCarthy has designed an audit and reporting system to monitor its compliance. 

McCarthy also maintains affirmative action programs to implement our equal employment opportunity policy for individuals with disabilities and protected veterans. Employees or applicants who wish to review the full narrative portion of McCarthy’s affirmative action program for individuals with disabilities or protected veterans may schedule an appointment to do so by contacting Allen Gershenson, the Vice President for the Office of Ethics and Compliance during regular business hours.

POLICY PROHIBITING HARASSMENT, DISCRIMINATION AND RETALIATION

McCarthy Holdings, Inc. (“McCarthy”) and its subsidiaries are committed to providing a work environment free of unlawful harassment, discrimination, and retaliation. As part of its commitment to equal opportunity, McCarthy strictly prohibits discrimination and harassment of employees in the workplace based on race, color, ancestry, religious creed, gender, sex (including pregnancy, childbirth, and medical conditions relating to pregnancy, childbirth or breastfeeding), sexual orientation, gender, gender identity, or gender expression, national origin, age, marital status, mental or physical disability, medical condition, genetic information, military and veteran status, relationship or association with a protected veteran, exercising rights protected by, or participating in an investigation or compliance review related to, the Americans With Disabilities Act, Section 503 of the Rehabilitation Act of 1973, the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, the Veterans Employment Opportunities Act of 1998, or any other classification that is protected under applicable federal, state, or local laws. 

McCarthy’s anti-harassment policy applies to all employees, as well as to clients, vendors, and other persons at the workplace whom the company knows or has reason to suspect is violating this policy. Appropriate corrective action (including discipline or discharge) will be taken against all employees who violate this policy. All supervisory or managerial personnel are responsible for taking prompt and appropriate action to end such behavior.

Harassment of employees in the workplace based on any protected characteristic is specifically prohibited. Offensive conduct or sexual or other harassment may take many forms, including but not limited to:

• Verbal Conduct – such as epithets, derogatory or offensive jokes, slurs, innuendos or comments about a person’s age, race, disability, national origin, religious beliefs or practices, or other protected characteristics, name calling, or unwanted sexual advances.
• Visual Conduct or Display – such as leering, derogatory and/or sexually-oriented posters, photography, cartoons, drawings, calendars, graffiti, electronic mail, or gestures.
• Physical Conduct – such as assault, unwanted or offensive touching, intentional blocking of normal movement or interference with work because of sex, race or any other protected characteristic.
• Threats, Demands or Expectations – to submit to sexual requests as a condition of employment status or preferential treatment.
• Retaliation for having reported or threatened to report harassment.

Sexual harassment also includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

• Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment (also known as “quid pro quo” harassment); or
• Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
• Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.

As an employee, if you experience or observe conduct believed to constitute harassment, discrimination, or retaliation, you have a responsibility to report the situation as soon as possible. Supervisors and managers also are obligated to report any acts of discrimination, harassment, or retaliation of which they are aware or any complaints that are brought to their attention. Such reports or complaints should be made, either orally or in writing, to McCarthy’s Vice President for the Office of Ethics and Compliance, Vice President National Employee Relations, or the EthicsPoint helpline at 888-371-4687, so that an investigation may be undertaken. 

Complaints of harassment, discrimination and retaliation will be investigated promptly, thoroughly, and impartially, providing due process for the parties involved, and employees are expected to fully cooperate. This impartial investigation shall be conducted by qualified personnel who will document their progress. McCarthy has a compelling interest in protecting the integrity of its investigations and investigators will strive to keep their investigation confidential to the extent possible. 

If McCarthy determines that harassment, discrimination, or retaliation has occurred, effective remedial action will be taken in accordance with the circumstances involved. Any employee determined by McCarthy to have engaged in unlawful harassment, discrimination or retaliation will be subject to appropriate disciplinary action, up to and including termination of employment. All parties will be advised of the general results of the investigation, to the extent appropriate.

McCarthy will not retaliate against any employee who files a complaint in good faith or participates in any investigation in good faith and will not tolerate or permit retaliation by management, partners, employees, or co-workers.  If you believe that you have been retaliated against, you should immediately report any retaliation to McCarthy’s Vice President for the Office of Ethics and Compliance, Vice President National Employee Relations, or the EthicsPoint helpline at 888-371-4687. The most important thing is that you immediately report any incidents of harassment, discrimination, or retaliation so that it can be investigated and the conduct, if inappropriate, stopped. Please do not “suffer in silence,” but rather, let the company know of a concern before it becomes severe or pervasive.

Scott Wittkop
Chief Operating Officer

National Employee Relations

Vice President 
Kristi Ecker
949-851-8383
KEcker [at] mccarthy.com (KEcker[at]mccarthy[dot]com)

Office of Ethics and Compliance

Vice President
Allen Gershenson
949-851-8383 
AGershenson [at] mccarthy.com (AGershenson[at]mccarthy[dot]com)

CALIFORNIA SECTION

Title VII of the federal law and/or the California Fair Employment and Housing Act (“FEHA”) prohibit unlawful sexual harassment, as well as other forms of harassment and discrimination based on race, color, ancestry, religious creed, sex (including pregnancy, childbirth and medical conditions relating to pregnancy, childbirth or breastfeeding), sexual orientation, gender, gender expression, or gender identity, national origin, age, marital status, mental or physical disability, medical condition, genetic information, or military and veteran status.  The FEHA specifically prohibits coworkers and third parties, as well as supervisors and managers, with whom employees come into contact from engaging in conduct prohibited by the FEHA. 

In addition to lodging an internal complaint, employees may also file complaints of sexual harassment or other illegal employment discrimination or harassment with either the Equal Employment Opportunity Commission (“EEOC”) or the California Department of Fair Employment and Housing (“DFEH”). The EEOC and DFEH have authority to issue accusations against employers, conduct formal hearings, and award reinstatement, back pay, damages, and other affirmative relief. 

Title VII and the FEHA also prohibit retaliation against employees who have filed a good faith complaint with the EEOC or DFEH, participated in an investigation, proceeding, or hearing with either agency, or opposed any practice made unlawful by Title VII or the FEHA. Information may be obtained from the EEOC or DFEH office or, upon request, from McCarthy’s Human Resources Department.