Page 8 - Policies Procedures Final with cover page

physical conduct of a sexual nature constitute sexual harassment when: (1) submission to such conduct
is made either explicitly or implicitly a term or condition of employment; (2) submission or rejection of
the conduct is used as a basis for making employment decisions; or, (3) the conduct has the purpose or
effect of interfering with work performance or creating an intimidating, hostile, or offensive work
environment.

MTR’s policy also prohibits inappropriate, unprofessional and/or discourteous sexual conduct, even
though such conduct does not rise to the level of unlawful sexual harassment.

If you experience or witness sexual or other unlawful harassment in the workplace, report it
immediately to your supervisor. Likewise, if you experience or witness any inappropriate,
unprofessional and/or discourteous sexual conduct, you must report it to your supervisor immediately.
If the supervisor is unavailable or you believe it would be inappropriate to contact that person, you must
immediately contact any member of the Management Team with whom you feel comfortable making
such a report. You may also contact your Human Resource department. You can raise concerns and
make reports without fear of reprisal or retaliation.

MTR takes all good-faith allegations of discrimination, harassment, including sexual harassment, and
retaliation seriously. After receipt of a good faith complaint of discrimination, harassment, or
retaliation, MTR will conduct a reasonably prompt and discreet investigation. To the extent possible, the
confidentiality of the employee making the complaint, and that of any witnesses and the alleged
harasser will be protected against unnecessary disclosure. When the investigation is completed, MTR
will notify the reporting and/or affected employee of the outcome of the investigation and any action
taken to resolve the issue.

Any employee engaging in sexual or other unlawful harassment will be subject to disciplinary action, up
to and including termination of employment.

MTR strictly prohibits retaliation against any employee for making a good faith report of discrimination or
harassment, for assisting another employee or applicant in making a report, for cooperating in an
investigation of such a complaint, or for filing an administrative claim with the EEOC or a state
governmental agency. Employees who experience or witness any conduct they believe to be retaliatory
should immediately follow the complaint reporting procedure discussed above.

Employees found to have violated this policy will be subject to disciplinary action, up to and including
immediate termination of employment.

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