Workplace Harassment Prevention Policy

Equal Employment Opportunity
ICSC is committed to providing equal employment opportunity to all employees and applicants for employment without regard to sex, gender or gender identity or expression, color, race, ancestry, national origin, immigration or citizenship status, religion, age, sexual orientation, marital status, veteran, military status, predisposing genetic characteristics, disability, pregnancy, childbirth or a related medical condition, persona appearance (including style of dress and personal grooming), family responsibilities (including being the subject of proceedings for child support payments), matriculation, status of victim or family member of a victim of domestic violence, a sexual offense, or stalking, political affiliation, credit information, unemployment status, or other protected group status under federal, state or local law.

ICSC strictly prohibits and does not tolerate discrimination against employees, applicants, interns, or any other covered persons because of any of the protected characteristics listed above. This policy applies to all terms and conditions of employment, including, but not limited to, hiring, training, promotion, discipline, compensation, benefits, and termination of employment.

Anti-Harassment & Sexual Harassment Prevention
As part of our non-discrimination policy, ICSC prohibits discrimination or harassment on the basis of any characteristic protected by law including without limitation, sex gender or gender identity or expression, color, race, ancestry, national origin, immigration or citizenship status religion, age, sexual orientation, marital or military or veteran status, predisposing genetic characteristics, disability, pregnancy, childbirth or a related medical condition, personal appearance (including style of dress and personal grooming), family responsibilities (including being the subject of proceedings for child support payments), matriculation, status as a victim or family member of a victim of domestic violence, a sexual offense, or stalking, political affiliation, credit information, or unemployment status.

Harassment Defined. Harassment is unwelcome conduct that is based on a protected characteristic which includes sex, gender or gender identity or expression, color, race, ancestry, national origin, immigration or citizenship status, religion, age, sexual orientation, marital status, veteran or military status, predisposing genetic characteristics, disability, pregnancy, childbirth or a related medical condition, personal appearance (including style of dress and personal grooming), family responsibilities (including being the subject of proceedings for child support payments), matriculation, status as a victim or family member of a victim of domestic violence, a sexual offense, or stalking, political affiliation, credit information, unemployment status, or other protected group status under federal, state or local law. Harassment becomes unlawful under a number of circumstances, including where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.

Everyone at ICSC is responsible for ensuring that the workplace is free from unlawful discrimination and harassment and is expected to avoid any behavior or conduct that could reasonably be interpreted as unlawful discrimination or harassment. This policy also applies to ICSC members, volunteers, event attendees, customers and to any third parties doing business with ICSC or providing services to ICSC.

If an employee believes someone has violated this policy, the employee should promptly bring the matter to the immediate attention of ICSC’s General Counsel at lcampbell@icsc.com, ICSC’s Vice President, Human Resources at sshieldsfurchak@icsc.com, or any other member of ICSC’s senior management with whom you feel comfortable. Please refer to Reporting Procedures and Investigation Procedures on pages 3-7 for further details.

Sexual Harassment
ICSC does not tolerate and prohibits sexual harassment of or against our employees, job applicants, contractors, interns, members, attendees, or volunteers by another employee, supervisor, member, volunteer, attendee, vendor, customer, or any third party. ICSC also prohibits retaliation as defined below.

ICSC is committed to a workplace free of sexual harassment and retaliation. These behaviors are unacceptable in the workplace and in any work-related settings such as business trips, conferences, and Company sponsored social functions, regardless of whether the conduct is engaged in by a supervisor, co-worker, member, volunteer, attendee, vendor, customer, or any third party. In addition to being a violation of this policy, sexual harassment and retaliation are also unlawful. For example, sexual harassment and retaliation against an individual because the individual filed a complaint of sexual harassment or because an individual aided, assisted or testified in an investigation or proceeding involving a complaint of sexual harassment are unlawful.

Sexual Harassment Defined. Sexual harassment includes harassment on the basis of sex or gender (including pregnancy, childbirth and related medical conditions), gender identity or gender expression (including transgender status), and/or sexual orientation. Sexual harassment includes unwelcome conduct which is either of a sexual nature or which is directed at an individual because of that individuals’ sex or gender (including pregnancy, childbirth and related medical conditions), gender identity or gender expression (including transgender status), and/or sexual orientation when:

• Submission to that conduct or those advances or requests is made either explicitly or implicitly a term or condition of an individual's employment; or

• Submission to or rejection of the conduct or advances or requests by an individual is used as the basis for employment decisions affecting the individual; or

• The conduct or advances or requests have the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.

Sexual harassment can be verbal (including slurs, jokes, insults, epithets, gestures or teasing), visual (including offensive posters, symbols, cartoons, drawings, computer displays, text messages, social media posts or e-mails) or physical conduct (including physically threatening another) that denigrates or shows hostility or aversion towards an individual on the basis of sex or gender (including pregnancy, childbirth and related medical conditions), gender identity or gender expression (including transgender status), and/or sexual orientation. Such conduct violates this policy, even if it is not unlawful. Because it is difficult to define unlawful sexual harassment, employees and other individuals to whom this policy applies are expected to behave at all times in a manner consistent with the intended purpose of this policy.

Examples of conduct that violates this policy include:

• unwelcome sexual advances, flirtations, advances, leering, whistling, touching, pinching, assault, blocking normal movement

• requests for sexual favors or demands for sexual favors in exchange for favorable treatment

• obscene or vulgar gestures, posters, or comments

• sexual jokes or comments about a person’s body, sexual prowess, or sexual deficiencies

• propositions, or suggestive or insulting comments of a sexual nature

• derogatory cartoons, posters, and drawings

• sexually-explicit e-mails or voicemails

• uninvited touching of a sexual nature

• unwelcome sexually-related comments

• conversation about one’s own or someone else’s sex life

• conduct or comments consistently targeted at only one gender, even if the content is not sexual

• teasing or other conduct directed toward a person because of the person’s gender

Retaliation Defined. Retaliation means adverse conduct taken because an individual, in good faith, reported an actual or perceived violation of this policy, opposed practices prohibited by this policy, or participated in the reporting and investigation process described below. “Adverse conduct” means any action that would discourage or disincentivize an employee from reporting sexual harassment or retaliation; and includes but is not limited to: termination of employment; demotion; written corrective action; reduced hours of work; withholding of bonus pay or other compensation; denial of employee benefits; shunning and avoiding an individual who reports sexual harassment or retaliation; express or implied threats or intimidation intended to prevent an individual from reporting sexual harassment or retaliation.

Reporting Procedures. If an employee believes someone has violated this policy, the employee should promptly bring the matter to the immediate attention of ICSC’s General Counsel at lcampbell@icsc.com, ICSC’s Vice President, Human Resources at sshieldsfurchak@icsc.com or any other member of ICSC senior management with whom you feel comfortable. Written complaints can be submitted internally using the form provided with this policy, which is available on the Intranet.

Every supervisor who learns of any employee’s concern about conduct in violation of this policy, whether in a formal complaint or informally, or who otherwise is aware of conduct in violation of this policy, must immediately report the issues raised or conduct to ICSC’s General Counsel at lcampbell@icsc.com, ICSC’s Vice President, Human Resources at sshieldsfurchak@icsc.com or any other member of senior management with whom you feel comfortable.

Investigation Procedures. Upon receiving a complaint, ICSC will promptly conduct a fair and thorough investigation into the facts and circumstances of any claim of a violation of this policy to ensure due process for all parties. To the extent possible, ICSC will endeavor to keep the reporting employee’s concerns confidential. However, complete confidentiality may not be possible in all circumstances. Employees are required to cooperate in all investigations conducted pursuant to this policy.

During the investigation, ICSC generally will interview the complainant and the accused, conduct further interviews as necessary and review any relevant documents or other information. Upon completion of the investigation, ICSC will determine whether this policy has been violated based upon its reasonable evaluation of the information gathered during the investigation. ICSC will inform the complainant and the accused of the results of the investigation.

ICSC will take corrective measures against any person who it finds to have engaged in conduct in violation of this policy, if ICSC determines such measures are necessary. These measures may include, but are not limited to, counseling, suspension, or immediate termination. Anyone, regardless of position or title, whom ICSC determines has engaged in conduct that violates this policy will be subject to discipline, up to and including termination. This includes individuals engaging in prohibited discrimination, sexual or other harassment, or retaliation, as well as supervisors who fail to report violations of this policy, or knowingly allow prohibited conduct to continue. Individuals who engage in conduct that rises to the level of a violation of law can be held personally liable for such conduct.

Legal Protections and External Remedies. Aside from the internal complaint process at ICSC, employees may choose to pursue external legal remedies with the following governmental entities:

The New York State Division of Human Rights (NYSDHR)
The DHR enforces the New York State Human Rights Law, codified as N.Y. Executive Law, art. 15, § 290 et seq., which protects employees, paid or unpaid interns and non-employees regardless of immigration status from unlawful discrimination, harassment or retaliation. The DHR has the power to award relief, which varies but may include requiring an employer to take action to stop the harassment, or redress the damage caused, including paying monetary damages, attorney’s fees and civil fines.

DHR’s main office contact information is:
NYS Division of Human Rights
One Fordham Plaza, Fourth Floor
Bronx, New York 10458
(718) 741-8400
www.dhr.ny.gov

Individuals also may contact the DHR at (888) 392-3644 or visit dhr.ny.gov/complaint for more information.

Free Legal Counseling Hotline (NYSDHR)
The DHR has amended the New York State Human Rights Law, codified as NY Exec. Law §296, to provide a toll-free confidential hotline for free legal counseling regarding a complaint of workplace sexual harassment or to submit a complaint of workplace harassment regarding such harassment. To receive free legal counseling, individuals may call 1-800-427-2773 to be connected with a pro-bono attorney. This hotline is provided as a supplement, and not as a replacement, to the normal complaint processing procedures, which do not require representation by counsel.

U.S. Equal Employment Opportunity Commission (EEOC)
The EEOC enforces federal anti-discrimination laws, including Title VII of the 1964 federal Civil Rights Act (codified as 42 U.S.C. § 2000e et seq.). If an employee believes he/she has been subjected to harassment, he/she can file a “Charge of Discrimination.” The EEOC has district, area, and field offices where complaints can be filed. The EEOC does not hold hearings or award relief, but may take other action including pursuing cases in federal court on behalf of complaining parties. Federal courts may award remedies if discrimination is found to have occurred.

The EEOC can be contacted by calling 1-800-669-4000 (1-800-669-6820 (TTY)), visiting its website at www.eeoc.gov or via email at info@eeoc.gov

Local Protections
Many localities enforce laws protecting individuals from sexual harassment and discrimination. An individual should contact the county, city or town in which they live to find out if such a law exists. For example, employees who work in New York City may file complaints of sexual harassment with the New York City Commission on Human Rights. Contact their main office at Law Enforcement Bureau of the NYC Commission on HumanRights,40 Rector Street, 10th Floor, New York, New York; or (212)306-7450; or visitwww.nyc.gov/html/cchr/html/home/home.shtml.

Contact the Local Police Department
If the harassment involves unwanted physical touching, coerced physical confinement or coerced sex acts, the conduct may constitute a crime. You may want to contact your local police department.

Remember, we cannot remedy claimed discrimination harassment, sexual harassment, or retaliation unless you bring these claims to the attention of management. Please report any conduct which you believe violates this policy.

If you have questions about this policy, please contact ICSC’s General Counsel at lcampbell@icsc.com or ICSC’s Vice President, Human Resources at sshieldsfurchak@icsc.com.

Anti-Harassment/ Sexual Harassment Complaint Form
If you believe that you have been subjected to harassment or sexual harassment, you are encouraged to complete this form and submit it to ICSC’s General Counsel at lcampbell@icsc.com, ICSC’s Vice President, Human Resources at sshieldsfurchak@icsc.com, or another member of senior management with whom you feel comfortable. You will not be retaliated against for filing a complaint. Once a complaint is received, ICSC will follow the investigation process described in our policy.

November 2023