Sodexo has agreed to continue or implement the programmatic initiatives mentioned in this section. The Parties acknowledge that Sodexo has invested significant resources and there are substantial economic and other advantages for both Sodexo and its employees. A. Commitment to EEO and Diversity 1. Statement of Commitment to Diversity: Sodexo will clearly communicate its full commitment to being a leader in diversity and equal employment opportunity.
Sodexo will adopt and publish the following Statement of Commitment to Diversity, asserting their commitment to promoting equal opportunity in all areas of their company. They believe that diversity and inclusion are essential objectives that strengthen the company, maximize shareholder investment, and prepare them for leadership in the 21st century. Sodexo, as a leader in the food and facilities management industry, remains dedicated to this cause.
Sodexho is fully dedicated to ensuring compliance with equal opportunity laws and is also deeply committed to the idea that diversity and inclusion will help us reach our highest potential as a company and maximize the potential of all our employees. Additionally, as per the Decree, Sodexo will annually release a brochure-style Diversity Report similar to the 2004 Annual Diversity and Inclusion Report. This report will reaffirm Sodexo’s commitment to diversity and will include a Statement of Commitment to Diversity.
Each year, Sodexo will provide its exempt employees with copies of the Diversity Report. Additionally, Sodexo will prominently display the Statement of Commitment to Diversity on its website. The Statement will also be included in the Company Policy Manual and Employee Handbook during their next revisions. Within ninety (90) days of the Effective Date of the Decree, Sodexo will internally republish its company-wide policy against racial discrimination, harassment, and retaliation for exempt employees. This will be done through means typically used to communicate with exempt employees, such as emails or newsletters. The provisions stated in Section VII of the Decree aim to ensure that African-American managers have equal opportunities for positions and promotions across various client accounts and locations, as part of Sodexo’s commitment to a diverse workplace.
B. EEO and Diversity Training
1. Affirmative Action Training. Sodexo has provided affirmative action reporting and planning training to all General Managers at units with fifty or more employees and to all District Managers covered by a District roll-up Affirmative Action Plan within the past three years. Sodexo will continue to offer similar training to newly hired or promoted managers in the same categories within twelve months after their hire or promotion.
2. EEO Training
a. As of September 2002, Sodexo had provided equal opportunity and affirmative action training to managers, including human resources managers, who were employed. By the end of February 2004, this training was completed.
During the term of the Decree, Sodexo will monitor participation in the training program. Additionally, Sodexo commits to providing eight-hour equal opportunity and affirmative action training to current managers who have not yet received it, as well as to all newly hired managers and individuals who are promoted into a managerial role within twelve months of their appointment. This training will utilize the curriculum developed by Seyfarth Shaw or an equivalent curriculum.
In addition, Sodexo shall provide two-hour refresher EEO training to its managers either in person or via the internet, at least once every three years. Beginning in the second quarter of 2004, Sodexo provided full-day, companywide diversity training to managers. This training shall be provided to up to 3,000 managers each fiscal year until all managers have had the opportunity to receive such training. This training shall include, but need not be limited to, understanding the business case for diversity, understanding biases and their impact on employment decisions, developing skills to more effectively manage a diverse workforce, and developing a personal action plan to be more culturally competent Manager and Executive Accountability.
C. Manager and Executive Accountability
1. Sodexo will hold a three-hour Champion of Diversity training for its Executive Team each year. The focus of this training will be on how the Executive Team can promote diversity within Sodexo.
2. Sodexo has included a diversity and inclusion component in its annual bonus plan for eligible managers. This component will continue to be a part of the bonus plan throughout the duration of this Decree.
b. The diversity component will be assessed using the Sodexo Diversity Index (SDI) and a scorecard system. Sodexo maintains the right to determine the configuration, criteria, and weightings for the SDI on an annual basis.
Among other criteria, the performance areas considered for promotions of African-Americans and diversity in staff will be examined. At least 10% of the available annual incentive pool target will be designated as the diversity bonus pay-out for managers who are eligible for bonuses. However, Sodexo may choose not to pay the diversity portion of the bonus to a manager who has engaged in serious misconduct that contradicts the company’s diversity efforts or has resulted in disciplinary action. For members of the Executive Team, at least 20% of the available annual incentive bonus pool target will be designated as the diversity bonus pay-out. Within 90 days of the Effective Date of the Decree, Sodexo will distribute a written description of the Sodexo Diversity Index, scorecard system, and the diversity and inclusion component of the annual bonus plan to all bonus-eligible managers.