310-7 discrimination and/or harassment

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Questions and Answers

What should be done with anonymous complaints?

Retain them for statistical and other purposes by HRD (correct)

Dismiss them immediately

Forward them to the Internal Affairs Unit (IAU) for investigation

Refer them to the Bureau Commander for appropriate follow-up

What is the purpose of retaining an outside contractor for an investigation?

To conduct formal investigations (correct)

To conduct informal investigations

To handle disciplinary actions

To provide counseling to members

What happens to complaints that are not based on discrimination or harassment?

They are referred to the Internal Affairs Unit (IAU) for investigation

They are referred to the Bureau Commander for appropriate follow-up (correct)

They are retained for statistical and other purposes by HRD

They are dismissed immediately

What is provided to members during an investigation?

A Garrity warning Signup and view all the answers

What happens upon completion of an investigation by an outside contractor?

The contractor prepares a written investigative report Signup and view all the answers

What should be done with a complaint that will not result in an investigation?

Retain the complaint for statistical and other purposes by HRD Signup and view all the answers

What is the purpose of notifying the reporting and accused members in writing?

To inform them that the complaint will result in a formal investigation, informal resolution, or no further action Signup and view all the answers

What directive do members refer to for guidelines involving formal investigations of complaints?

Internal Affairs Investigation Directive Signup and view all the answers

What is the purpose of the email account [email protected]?

To allow the HRD Commander or designee to follow up regarding the incident Signup and view all the answers

Who will notify the Chief of Police, the Bureau Commander, and the OGC of a complaint or investigation?

The HRD Commander or designee Signup and view all the answers

What happens to a member who is transferred during the course of an investigation?

They are notified in writing of the decision and the transfer is temporary Signup and view all the answers

Who will consult in regard to which member to transfer during the course of an investigation?

The Bureau Commander and HRD Commander Signup and view all the answers

What is the purpose of the Form 191 P.D.?

To detail the incident and provide it directly to the HRD Commander Signup and view all the answers

What is considered when deciding which member to transfer during the course of an investigation?

The member's work schedules, assignments, and any other pertinent information Signup and view all the answers

How will a member orally report an incident of discrimination, harassment or retaliation?

By reporting the incident to the member's immediate supervisor or to any other supervisor Signup and view all the answers

What will happen to copies of the Form 191 P.D.?

No copies of the Form 191 P.D. will be made Signup and view all the answers

What is retaliation in the context of harassment and discrimination?

An unfavorable action taken against an employee who reports harassment or discrimination Signup and view all the answers

Which of the following is an example of sexual harassment?

Refusing to allow an employee to participate in a promotional process due to their sexual orientation Signup and view all the answers

What is the responsibility of commanders and supervisors regarding this policy?

To ensure all subordinates are aware of and adhere to the policy Signup and view all the answers

What is the purpose of having a policy on harassment and discrimination?

To ensure that all employees are treated fairly and with respect Signup and view all the answers

What is an example of a tangible or material employment action?

A demotion or termination of employment Signup and view all the answers

Which of the following is not an example of sexual harassment?

Giving a verbal warning to an employee for poor performance Signup and view all the answers

What is the consequence of retaliation against an employee who reports harassment or discrimination?

The employee may face an unfavorable employment action Signup and view all the answers

What is the purpose of having a clear policy on harassment and discrimination?

To ensure that all employees are aware of the consequences of harassment and discrimination Signup and view all the answers

What is age harassment and discrimination directed towards?

Members who are 40 years old or older Signup and view all the answers

What is an example of age-based harassment?

Teasing a member about their age Signup and view all the answers

What is disabilities harassment and discrimination?

Treating a member unfairly due to their physical or mental impairment Signup and view all the answers

What is an example of disabilities harassment?

Making jokes about a member's actual or perceived disability Signup and view all the answers

Where can members find additional information regarding age limits?

The current written directive entitled 'Age Limits' Signup and view all the answers

Where can members find additional information regarding disabilities harassment and discrimination?

The current written directive entitled 'Americans with Disabilities Act' Signup and view all the answers

What is a consequence of age harassment and discrimination?

Disciplinary actions against the perpetrator Signup and view all the answers

What is an exception to the Age Discrimination in Employment Act?

Compulsory retirement of law enforcement officers Signup and view all the answers

Where should members direct their questions regarding this policy?

To the Human Resources Division (HRD) or Office of the General Counsel (OGC) Signup and view all the answers

What type of conduct is prohibited by the Department?

Conduct that may be construed as unlawful discrimination and/or harassment Signup and view all the answers

What is prohibited in relationships between members of different rank, title, or status?

Relationships that compromise the integrity of the supervisory authority or chain of command Signup and view all the answers

What is the Department's stance on retaliation against a member who reports discrimination and/or harassment?

It is prohibited Signup and view all the answers

What type of conduct is considered harassment?

Conduct that is directed towards a member because of their association with a group or organization Signup and view all the answers

Why are certain relationships between members of different rank, title, or status prohibited?

Because they compromise the integrity of the supervisory authority or chain of command Signup and view all the answers

What is the Department's stance on discrimination and/or harassment?

It is prohibited and will not be condoned Signup and view all the answers

Why are members prohibited from conducting themselves in a way that may be construed as unlawful discrimination and/or harassment?

Because it is against the Department's policy Signup and view all the answers

Study Notes

Investigation and Reporting of Discrimination and Harassment

An investigation is warranted if a complaint is received and deemed necessary by the HRD Commander or designee.
If warranted, the investigation will be forwarded to the Internal Affairs Unit (IAU) or an outside contractor will be retained to conduct the formal investigation.

Exclusions from Investigation

Anonymous complaints will not be investigated, but will be retained for statistical and other purposes by HRD.
Complaints regarding discipline or conduct that are not based on discrimination or harassment will be referred to the Bureau Commander for appropriate follow-up and disposition.

Notification of Investigation

The reporting and accused members will be notified in writing of the investigation, including:
- Whether a formal investigation will be conducted.
- Whether an informal resolution will be pursued.
- Whether no further action will be taken.

During the Investigation

Members will refer to the current Memorandum of Agreement between the Board of Police Commissioners and the Fraternal Order of Police bargaining units.
Members will be provided with a Garrity warning.
Members will refer to the current written directive entitled "Internal Affairs Investigation" for guidelines involving formal investigations of complaints.

Reporting Incidents

Members may report incidents of discrimination, harassment, or retaliation by:
- Completing an Interdepartment Communication, Form 191 P.D.
- Orally reporting the incident to their immediate supervisor or any other supervisor.
- Emailing the details of the incident to [email protected] from an identifiable email account.

Separation of Members

During an investigation, the reporting member and accused member may be separated, with consideration given to work schedules, assignments, and other pertinent information.
The transfer of a member is temporary and should not be construed as permanent, retaliatory, or disciplinary.

Retaliation

Retaliation is defined as an unfavorable assignment, transfer, demotion, termination of employment, or other tangible or material employment action against a member who reports harassment or discrimination.

Sexual Harassment

Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature.
Examples of sexual harassment may include but are not limited to:
- Sexually suggestive or obscene letters or notes, derogatory comments, epithets, slurs, jokes, or inappropriate language.
- Terminating a member's employment or refusing to allow a member to participate in a promotional or specialized selection process because of the member's actual or perceived sexual orientation.
- Inappropriate physical overtures of a sexual nature, such as physical assault, unwelcome touching, or physical interference with the performance of normal work.

Policy

The Department will not condone or tolerate any conduct that may be construed as unlawful discrimination and/or harassment.
The Department will not condone or tolerate retaliation against a member who reports discrimination and/or harassment or who participates in any investigation of such a report.

Age Harassment and Discrimination

Age harassment and discrimination is defined as harassment or discrimination directed toward members who are 40 years or older.
Examples may include but are not limited to:
- Derogatory comments/remarks related to age.
- Age-based teasing, remarks, jokes, or threats.

Disabilities Harassment and Discrimination

Disabilities harassment and discrimination is defined as when a qualified member's physical or mental impairment contributes to unequal or unfair treatment of the member.
Examples may include but are not limited to:
- Teasing or making jokes about a member's actual or perceived disability.
- Intentionally creating an environment that makes it difficult for a disabled member to perform their job functions.

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Description

This quiz covers the procedures for determining whether an internal investigation is warranted and the steps to follow if it is. It also outlines what types of complaints are not investigated but retained for statistical purposes.