Fire Rescue Policy: Non-Discrimination

• The policy ensures the County follows Federal, State, and local laws against discrimination based on race, color, religion, national origin, gender, age, marital status, veteran status, and disability.

• Palm Beach County aims to create a respectful work environment by adhering to these laws.

• The Deputy Chief of Administration, along with the PPM Committee and the Fire Rescue Administrator, is responsible for future updates to this policy.

  Policy references include:

  • Fire Rescue Administrator
  • Equal Pay Act of 1963
  • Florida Civil Rights Act of 1992
  • Title VII of Civil Rights Act of 1964, as amended
  • Americans with Disability Act of 1990
  • Age Discrimination in Employment Act of 1967
  • Vietnam Veterans Readjustment Assistance Act of 1974
  • PPM-CWP-029
  • The Rehabilitation Act of 1973
  • Palm Beach County Ordinance 95-31, as may be amended.

• The policy applies to all Palm Beach County Fire Rescue personnel and reservists.

• Fire Rescue prohibits unlawful discrimination, harassment, and retaliation, ensuring compliance with anti-discrimination statutes.

• The Palm Beach County Board of County Commissioners is dedicated to fair employment practices for all Fire Rescue personnel and applicants, irrespective of various personal characteristics.

• PPM# FR-A-107

• Issue date May 12, 2014

• Effective date January 15, 2019

Procedure

• All personnel are required to behave professionally, with Fire Rescue aiming to prevent and correct policy violations through procedures and educational tools.
• Fire Rescue provides annual training for bargaining unit supervisors regarding prevention, recognition, documentation, and corrective action of discrimination.
• Fire Rescue must share information about the County's Office of Equal Employment Opportunity on the Intranet site.
• Personnel must adhere to this policy and are responsible for compliance regarding Discrimination, Harassment, Reasonable Accommodation, and Retaliation in the Workplace (PPM CW-P-029).
• Employees are restricted from using county computers to send offensive material or access sexually offensive sites.
• It's prohibited to display offensive materials or view offensive content on television, phones, or network sites.
• Sexting or sending offensive texts is not allowed.
• Employees are prohibited from disseminating content inconsistent with Fire Rescue's duties, conduct, and responsibilities, especially if it affects morale, discipline, or public perception.
• Disseminating content deemed unprofessional, illegal, or discriminatory undermines public trust in Fire Rescue.
• Fire Rescue personnel must report any discrimination, sexual harassment, retaliation, or hostile environment to their supervisor for investigation and action.
• Supervisors are responsible for eliminating discrimination within their supervision and must act on discriminatory practices immediately.
• Actions by supervisors include stopping inappropriate behavior, speaking to those involved, documenting incidents, and issuing counseling forms.
• Supervisors should consult with the next level supervisor to develop records, issue discipline, or consult with the Fire Rescue Office of Internal Affairs for investigation; the Fire Rescue Office of Internal Affairs may coordinate with the Diversity and Development Section of the Human Resources Department.

Discrimination and Harassment

• Discriminating in employment opportunities, benefits, or creating discriminatory work conditions violates this policy.
• Using discriminatory evaluation standards that adversely affect individuals based on protected characteristics also violates policy.
• Fire Rescue ensures an environment free of harassment based on race, age, color, religion, national origin, disability, gender, marital status, sexual orientation, or veteran status.
• Fire Rescue recruits, hires, trains, and promotes individuals in all job titles without regard to protected characteristics.
• Personnel actions like compensation, benefits, transfers, training, and social programs are administered without regard to protected characteristics.
• Qualified individuals with disabilities and veterans of all Department of Defense Conflicts are employed and promoted, with reasonable accommodation if needed.
• Employment decisions support equal opportunity, aligning with federal, state, and local anti-discrimination statutes.

Sexual Harassment

• All personnel must refrain from any behavior that constitutes sexual harassment, and are accountable for compliance; violations may lead to disciplinary action as identified in the Disciplinary Guidelines (PPM FR-A-101).
• Unwelcome sexual advances or conduct of a sexual nature constitute sexual harassment when submission to such conduct is a term of employment or the basis for employment decisions.
• Conduct that interferes with work performance or creates a hostile environment defines sexual harassment.
• Displaying sexually demeaning content accessible to Fire Rescue personnel or the public constitutes sexual harassment.
• Threats or insinuations against an individual's employment status for refusing sexual advances are prohibited.
• Offering rewards for sexual activity related to performance, evaluation, or career development is considered sexual harassment.
• Unnecessary or unwanted touching is a form of prohibited sexual harassment.
• Stalking, telephone/computer harassment, or sexual assaults constitutes sexual harassment
• Sexual harassment can occur between co-workers or when someone in a position of power uses it to coerce or punish a refusal to participate in sexual activity.
• Consenting relationships may still constitute sexual harassment if there is a professional power differential between Fire Rescue personnel.
• Romantic or sexual relationships between a supervisor and subordinate are strongly discouraged.

Retaliation

• Retaliation or attempted retaliation is a violation of this policy.
• Fire Rescue personnel cannot be penalized for filing a discrimination/harassment complaint or appearing as a witness.
• Any confirmed discrimination, retaliation, or sexual harassment incidents will result in disciplinary action.
• All Fire Rescue personnel, including supervisors, must report any evidence of discrimination, retaliation, or sexual harassment.

Filing a Charge

• Personnel who feel discriminated against, sexually harassed, or retaliated against can file a complaint with the Fire Rescue's Office of Internal Affairs, or the Diversity and Development Section of Palm Beach County's Human Resources Department (Attention: Manager, Diversity and Development, Airport Center Building #1, 100 Australian Avenue, West Palm Beach, FL 33406 (561) 616-6888).
• One can also file a complaint with the Florida Commission on Human Relations (2009 Apalachee Parkway, Suite 100, Tallahassee, Florida 3230); or the U.S. Equal Employment Opportunity Commission (EEOC) Miami District Office, One Biscayne Tower, Suite 2700, 2 South Biscayne Boulevard, Miami, Florida 33131, (305) 536-4491.
• You can also file a complaint with Palm Beach County's Office of Equal Opportunity (215 North Olive Avenue, Suite 130, West Palm Beach, FL 33401 (561) 355-4883).
• Complaints filed with the Florida Commission on Human Relations must be filed within 365 days of the discriminatory action.
• Charges filed with the U.S. Equal Employment Opportunity Commission or Palm Beach County's Office of Equal Opportunity must be filed within 300 days of the violation.