HomeMy WebLinkAboutR&R 102.01A NEW 10-2013_Harrassment & DiscriminationR&R 102.01 A — Harassment & Discrimination
Effective. 10/5/2013
Revised:
Replaces:
I. Guiding PhilosophX
We do our best to treat both coworkers and customers with dignity and respect at all
times. We believe that harassment and discrimination undermine the integrity of individual work
relationships, interfere with the department's ability to achieve its mission, and adversely affect
the morale of the entire workforce. We do not tolerate inappropriate behavior that undermines
our preparedness, proficiency or professionalism.
II. Purpose
The purpose of this policy is to clearly establish Beaumont Fire -Rescue Services
commitment to providing a work environment free from discriminatory harassment, to define
discriminatory harassment, and to set forth the procedure for filing, investigating and resolving
internal complaints of harassment.
III. Goals
The goals of this policy are to:
A. Communicate the department's policy statement regarding harassment and/or
discrimination.
B. List harassment and discrimination facts.
C. Set expectations for workplace relationships.
D. Communicate the duties and responsibilities of the EEO Officer, Management
Team, Chief and Company Officers and all personnel.
E. Outline complaint and subsequent procedures.
IV. Definitions
A. Disability Harassment — People with physical and mental disabilities are
protected under the Americans with Disabilities Act (ADA). Forms of disability
harassment include, but are not limited to:
1. Taunting a person about his/her disability;
2. Setting them up to fail;
3. Using derogatory terms to address the person;
4. Accusing them of exaggerating their disability;
5. Putting false blame on them;
6. Keeping them from using their aids;
7. Making assumptions of or stereotyping what disabled people can or cannot
do; or,
8. Manipulation.
B. Physical Harassment — Assault, impeding or blocking movement, leering, or the
physical interference with normal work, privacy or movement when directed at an
individual on the basis of race, religious creed, color, national origin, ancestry,
disability, medical condition, marital status, pregnancy, sexual orientation,
gender, gender identity or age. This includes, but is not limited to:
1. Patting or pinching;
2. Brushing up against someone;
3. Hugging, kissing or fondling;
4. Grabbing or touching clothing, hair or body parts;
5. Inappropriate behavior in or near bathrooms, sleeping facilities and eating
areas;
6. Making explicit or implied threats or promises in return for submission to
physical acts;
7. Leaning over someone for a better view of body parts (i.e. down blouse,
etc.)
8. Soliciting or pressuring someone to sit on your knee;
9. Stalking, invading someone's personal life; or,
10. Revealing parts of your body in violation of common decency.
C. Racial Harassment — Discrimination against any individual with respect to their
compensation, terms or conditions of employment because of an individual's race
or color. Forms of racial harassment include, but are not limited to:
1. Telling racial jokes;
2. Using racial slurs to address someone;
3. Displaying offensive pictures or symbols; or,
4. Referring to someone in demeaning terms such as "Boy."
D. Religious, Ethnicity or Country of Origin Harassment — Harassing or
otherwise discriminating because an individual is affiliated with a particular
religious or ethnic group. Forms of religious, ethnic or country of origin
harassment include, but are not limited to:
1. Harassing a person because of their religious beliefs or ethnic background.
2. Expressing disapproval of religion;
3. Talking about religion in a negative way;
4. Implying that someone would be treated better if he/she shared the same
faith as you;
5. Harassing or otherwise discriminating because of physical, cultural, or
linguistic characteristics, such as accent or dress associated with a
particular religion, ethnicity or country of origin; or,
6. Harassing or otherwise discriminating because of an individual's
association with a person or organization of a particular religion or
ethnicity.
E. Sexual Harassment — Any act which is sexual in nature and:
1. Is made explicitly or implicitly a term or condition of employment;
2. Is used as the basis of an employment decision;
3. Unreasonably interferes with an individual's work performance; or,
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4. Creates an intimidating, hostile or offensive work environment.
F. Verbal Harassment — Epithets, derogatory comments, slurs, propositioning or
otherwise offensive words or comments on the basis of race, religious creed,
color, national origin, ancestry, disability, medical condition, marital status,
pregnancy, sexual orientation, gender, gender identity or age, whether made in
general, directed to an individual, or to a group of people regardless of whether
the behavior was intended to harass. This includes, but is not limited to:
1. Inappropriate sexually -oriented comments on appearance, including dress
or physical features;
2. Telling lies or spreading rumors about the sexuality or sex life of an
employee;
3. Race -oriented stories;
4. Whistling or catcalling;
5. Vulgar or obscene jokes or language;
6. Comments about offensive television shows, radio shows or magazine
articles;
7. Repeatedly asking someone on a date after you've been turned down;
8. Referring to someone in a demeaning terms such as boy, babe, hunk, girl,
honey;
9. Leering or "undressing the person with your eyes";
10. Recounting one's sexual exploits in front of other people; or,
11. Telling or relating crude jokes.
G. Visual Forms of Harassment — Derogatory, prejudicial, stereotypical or
otherwise offensive posters, photographs, cartoons, notes, bulletins, drawings, or
pictures on the basis of race, religious creed, color, national origin, ancestry,
disability, medical condition, marital status, pregnancy, sexual orientation,
gender, gender identity or age. This applies to both posted material and materials
maintained in or around Beaumont Fire -Rescue Services properties,
equipment/apparatus, computers, bulletin boards, or personal property in the
workplace. Television shows and/or personal videos that contain offensive
material shall not be viewed by fire department personnel while on duty or within
fire department facilities. Visual forms of harassment include, but are not limited
to:
1. Making gestures with hands or through body movements (sexual or non-
sexual);
2. Staring at someone, making rude gestures, mimicking a disability;
3. Looking a person "up and down";
4. Posters, pictures or other printed forms of sexual or discriminatory
subj ects;
5. Making facial expressions such as throwing kisses or licking lips; or,
6. Displaying offensive screen savers, emails, web pages and websites.
V. Harassment & Discrimination Policy
A. This policy applies to all uniformed and civilian members of Beaumont Fire -
Rescue Services.
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B. Harassment of an applicant, client, contractor, vendor, customer of employee by
any member of the department on the basis of race, religion, color, national
origin, ancestry, disability, medical condition, marital status, pregnancy, sexual
orientation, gender, gender identity or age is in violation of federal, State, City
laws and/or department rules and regulations. Harassment will not be tolerated.
C. Employees found to be participating in any form of job -based harassment or
discrimination and/or retaliating against another employee for filing harassment
or discrimination complaint(s) shall be subject to progressive disciplinary action
up to and including termination.
D. It is recognized that at times inappropriate conduct may occur between employees
and others that is not covered by this policy. Forms of misconduct or harassment
not covered by this policy may be addressed by other applicable rules and
regulations of the department or under conduct unbecoming standards.
E. Supervisors that fail to enforce this policy or report complaints of harassment or
discrimination in accordance with the procedures contained in this policy will be
subject to progressive disciplinary action up to and including termination.
VI. Harassment & Discrimination Facts
A. The victim as well as the harasser may be a woman or a man. The victim does not
have to be of the opposite sex.
B. The harasser can be the victim's supervisor, a supervisor in another area, a
representative of the City, a co-worker or a non-employee.
C. The victim does not have to be the person harassed, but could be anyone affected
by the offensive conduct. Behavior that is unwelcome to persons who see or hear
it, even though the actions may not be directed at them (third party harassment).
D. Typically, questionable conduct must be unwelcome to be considered harassment.
However, a number of forms of harassment by their nature will be presumed to be
unwelcome and offensive. In addition, just because a person does not say
anything or object, does not mean that he/she is welcoming the conduct.
E. An important element in recognizing harassment and discrimination is seeing the
conduct and harasser from the victim's perspective.
VII. Expectations for Workplace Relationships
A. It is natural for people who meet in the workplace to sometimes become
romantically involved, and it is not the Department's intent to interfere with any
dating relationship to the extent that the relationship does not interfere with
Department business. It is inappropriate for any dating relationship to interfere
with work operations in any manner.
B. Involvement between employees must be voluntary and desired by both parties.
1. It is not inappropriate for a person to politely ask out a co-worker.
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2. If the co-worker does not want to go out with the person, he/she should
respond firmly and definitely to the person.
3. After this firm and definite response has been made, it is inappropriate for
the requesting party to make any further attempt to initiate a dating
relationship. Repeated requests constitute sexual harassment.
C. Within the workplace environment, all personnel must adhere to the following:
1. Dating and/or intimate activities are prohibited on City time and
City/Department property.
2. Use of fire department apparatus, equipment or property to arrange for
dating and/or intimate activities is prohibited.
3. All behavior between employees shall be conducive to a professional work
environment at all times. Hand holding, kissing, hugging, sexual
comments, and other behavior generally associated with a dating
relationship are inappropriate while on -duty or on City/Department
property.
4. Any dating/intimate relationship involving members at different levels in
the chain of command (or where one party has functional supervision over
another) shall be reported by the personnel to the EEO Officer. Any
supervisor receiving a report of this type of relationship will notify the
EEO Officer. Failure to report this relationship is a violation of this policy.
5. The Department recognizes that there are many situations where two
individuals who have a personal relationship may appropriately be
allowed to work in the same station, district, shift, or section without
adverse impact. However, under circumstances where work, safety,
impartial supervision or morale is or could be adversely impacted by a
personal relationship the affected employees may be reassigned.
VIII. Duties and Responsibilities
A. The Planning Section Chief will serve as the Department's Equal Employment
Opportunity (EEO) Officer to oversee all matters regarding harassment and
discrimination. The EEO Officer shall be responsible for the following duties:
1. Coordinating the administrative inquiry or investigation of all harassment
and discrimination complaints;
2. Acting as custodian of all documents and records of harassment and/or
discrimination complaints;
3. Reviewing trends in harassment and discrimination complaints in order to
initiate training, policy and/or procedure changes and reduce further
occurrences;
4. Serving as a liaison with City Human Resources on matters of harassment
and discrimination; and,
5. Developing and maintaining a team of trained harassment/discrimination
investigators.
B. Management Team Responsibilities
1. Develop this policy and keep it up to date;
2. Ensure that any violation of this policy brought to their attention is dealt
with impartially and consistently;
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3. Set the proper example at all times;
4. Oversee the development and periodic presentation of training programs
to:
a. Communicate the commitment of the Management Team to
provide a harassment -free environment for all employees;
b. Educate personnel as to what constitutes harassment and
discrimination;
c. Encourage employees to report complaints of harassment and
discrimination;
d. Answer questions about this policy;
e. Explain to Officers their responsibility to enforce this written
policy and make sure that an "informal" policy of harassment or
discrimination does not exist in their office or station; and,
f. Sensitize personnel to the emotional issues involved in harassment
and discrimination.
C. Chief and Company Officer Responsibilities
1. Enforce this policy;
2. Review the policy with persons under their command to ensure they know
this policy;
3. Regularly check their workplace and environment to ensure the policy is
being followed;
4. Immediately report infractions of this policy to the EEO Officer.
5. Set the proper example at all times.
D. Responsibilities for All Personnel
1. All personnel will know and follow this policy.
2. Treat all persons with dignity and respect to facilitate a professional work
environment.
3. Personnel are obligated to report instances of harassment or
discrimination, and cooperate fully and truthfully with inquiries or
investigations concerning harassment and/or discrimination.
4. Personnel are prohibited from filing false or bad faith complaints of
harassment or discrimination.
IX. Complaint Procedures
A. Personnel must be aware that the Department/City has a legal obligation to
investigate all allegations of harassment and discrimination.
1. This includes the "this isn't a complaint" situation where an individual
notifies a supervisor of a harassment or discrimination situation, but does
not want the supervisor to take any action.
2. Inaction in such cases could lead to Department/City liability and the
supervisor could face personal liability and/or disciplinary action.
3. In these cases, the supervisor must inform the complainant that they have
a legal duty to take action and report the incident to the EEO Officer.
B. Confrontation
1. If a person feels that he/she is a victim of any form of harassment, he/she
should clearly inform the person(s) participating in the behavior that
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he/she finds it offensive. One-on-one communication can be an effective
way to end harassing behaviors.
2. However, because of the complex nature and variation in types and
severity of harassment, personnel are not required to confront an offending
party prior to initiating a complaint.
C. Harassment or discrimination complaints may be initiated orally or in writing
through any of the following individuals:
1. Immediate supervisor
2. Any supervisor (Officer) in the Fire Department
3. EEO Officer
4. Fire Chief
5. City Human Resources Department
D. When any of the above persons receives an initial harassment or discrimination
complaint, he/she will forward the complaint in writing to the EEO Officer.
E. The EEO Officer will insure that subsequent actions follow SOG 702.02
Complaint, Inquiry, Investigation & Adjudication/Discipline Process.
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