Podcast
Questions and Answers
What should a Miami-Dade Fire Rescue employee do if they believe they have faced unlawful discrimination, harassment, or retaliation?
What should a Miami-Dade Fire Rescue employee do if they believe they have faced unlawful discrimination, harassment, or retaliation?
- File a written complaint with HRFEP or the FEPL (correct)
- Inform their team members about it
- Ignore the behavior and move on
- Take legal action against the department immediately
Which of the following best defines 'discrimination' according to the policy?
Which of the following best defines 'discrimination' according to the policy?
- Providing equal opportunities regardless of background
- Adverse treatment based on a protected class (correct)
- Favorable treatment based on protected categories
- Behavior that is subjective and varies with personal perception
What characterizes 'awful harassment' in the context of the policy?
What characterizes 'awful harassment' in the context of the policy?
- Actions that occur frequently and are well-known
- Interpersonal conflicts that arise from personal differences
- Behavior that is legally actionable
- Conduct that is offensive but not related to protected classes (correct)
How does the policy differentiate between harassment and legitimate management action?
How does the policy differentiate between harassment and legitimate management action?
What role does a manager play in relation to conflicts within their team?
What role does a manager play in relation to conflicts within their team?
Under what circumstances can behavior be classified as 'harassment'?
Under what circumstances can behavior be classified as 'harassment'?
Which of the following should NOT be considered a violation of the unlawful discrimination policy?
Which of the following should NOT be considered a violation of the unlawful discrimination policy?
What is the best course of action if an MDFR employee feels their complaints are unresolved?
What is the best course of action if an MDFR employee feels their complaints are unresolved?
What constitutes retaliation in the workplace?
What constitutes retaliation in the workplace?
Which of the following actions is considered sexual harassment?
Which of the following actions is considered sexual harassment?
Unlawful harassment has the purpose or effect of creating what kind of work environment?
Unlawful harassment has the purpose or effect of creating what kind of work environment?
What should employees do if they witness harassment or discrimination?
What should employees do if they witness harassment or discrimination?
Which of the following behaviors is prohibited under the policy?
Which of the following behaviors is prohibited under the policy?
Which type of actions can be classified as unlawful harassment?
Which type of actions can be classified as unlawful harassment?
Under what circumstance can an employee be moved to prevent harassment?
Under what circumstance can an employee be moved to prevent harassment?
Which of the following is NOT a characteristic of unlawful harassment?
Which of the following is NOT a characteristic of unlawful harassment?
What is an essential responsibility of supervisors regarding complaints of harassment?
What is an essential responsibility of supervisors regarding complaints of harassment?
What does 'adverse action' refer to in the context of retaliation?
What does 'adverse action' refer to in the context of retaliation?
How should managers handle performance feedback related to sensitive matters?
How should managers handle performance feedback related to sensitive matters?
Conduct that demeans individuals based on gender identity, sexual orientation, or religion falls under which policy category?
Conduct that demeans individuals based on gender identity, sexual orientation, or religion falls under which policy category?
Which action is prohibited under the policy related to retaliation?
Which action is prohibited under the policy related to retaliation?
What constitutes a hostile work environment?
What constitutes a hostile work environment?
What is the primary action a supervisor must take if they are aware of unlawful discrimination, harassment, or retaliation?
What is the primary action a supervisor must take if they are aware of unlawful discrimination, harassment, or retaliation?
What should an employee do first if they believe they have been subjected to unlawful discrimination or harassment?
What should an employee do first if they believe they have been subjected to unlawful discrimination or harassment?
What is the role of the HRFEP upon receiving a complaint of unlawful discrimination, harassment, or retaliation?
What is the role of the HRFEP upon receiving a complaint of unlawful discrimination, harassment, or retaliation?
Which of the following categories is NOT protected under Miami-Dade County's employment practices?
Which of the following categories is NOT protected under Miami-Dade County's employment practices?
What action constitutes retaliation under Miami-Dade County’s policy?
What action constitutes retaliation under Miami-Dade County’s policy?
Where can complaints be submitted to the HRFEP Division?
Where can complaints be submitted to the HRFEP Division?
If an employee files a complaint outside normal business hours, whom should they contact?
If an employee files a complaint outside normal business hours, whom should they contact?
What is the consequence for supervisors failing to report known misconduct?
What is the consequence for supervisors failing to report known misconduct?
Which body can an employee file a complaint directly with if they suspect sexual harassment?
Which body can an employee file a complaint directly with if they suspect sexual harassment?
In Miami-Dade County’s complaint process, who reviews the complaint for potential violations of policy?
In Miami-Dade County’s complaint process, who reviews the complaint for potential violations of policy?
What is one of the primary commitments of Miami-Dade County in its workplace policies?
What is one of the primary commitments of Miami-Dade County in its workplace policies?
What must happen when a complaint is filed directly with HRFEP and discrimination is confirmed?
What must happen when a complaint is filed directly with HRFEP and discrimination is confirmed?
Which of the following is true regarding the submission of a complaint within the workplace?
Which of the following is true regarding the submission of a complaint within the workplace?
Under what condition can an employee file a complaint with HRFEP?
Under what condition can an employee file a complaint with HRFEP?
What is NOT considered harassment in a managerial context?
What is NOT considered harassment in a managerial context?
Which action constitutes sexual harassment?
Which action constitutes sexual harassment?
Which scenario best illustrates sexual coercion?
Which scenario best illustrates sexual coercion?
What type of behavior is characterized as retaliation?
What type of behavior is characterized as retaliation?
Which of the following actions is an example of unwanted sexual contact?
Which of the following actions is an example of unwanted sexual contact?
In the context of harassment, which of the following statements is true?
In the context of harassment, which of the following statements is true?
Which scenario does NOT demonstrate sexual harassment?
Which scenario does NOT demonstrate sexual harassment?
What is a condition that can lead to sexual harassment claims?
What is a condition that can lead to sexual harassment claims?
What is a characteristic of sexual harassment?
What is a characteristic of sexual harassment?
Which of the following actions could be considered retaliation?
Which of the following actions could be considered retaliation?
Which behavior represents a legitimate management action?
Which behavior represents a legitimate management action?
What is a key feature to identify sexual harassment?
What is a key feature to identify sexual harassment?
Which situation does NOT constitute sexual harassment?
Which situation does NOT constitute sexual harassment?
What type of harassment involves adverse actions against a witness of harassment?
What type of harassment involves adverse actions against a witness of harassment?
What should a manager avoid to prevent perceptions of harassment?
What should a manager avoid to prevent perceptions of harassment?
What is the time limit for submitting an appeal request after receipt of a determination?
What is the time limit for submitting an appeal request after receipt of a determination?
Which method of submission is NOT accepted for appeal requests?
Which method of submission is NOT accepted for appeal requests?
Who is responsible for ensuring that employees participate in mandatory training regarding this policy?
Who is responsible for ensuring that employees participate in mandatory training regarding this policy?
If a complainant is an employee covered by a collective bargaining agreement, what may they not be entitled to regarding their discipline-related complaints?
If a complainant is an employee covered by a collective bargaining agreement, what may they not be entitled to regarding their discipline-related complaints?
What must the Fair Employment Practices Liaison do upon receipt of a complaint?
What must the Fair Employment Practices Liaison do upon receipt of a complaint?
What action may HRFEP take in response to a complaint resolved internally by the FEPL?
What action may HRFEP take in response to a complaint resolved internally by the FEPL?
What type of complaints may be referred to the Fair Employment Practices Liaison for further review?
What type of complaints may be referred to the Fair Employment Practices Liaison for further review?
Which of the following is a responsibility of Fair Employment Practices Liaisons?
Which of the following is a responsibility of Fair Employment Practices Liaisons?
What is one of the purposes of mandatory training for County employees?
What is one of the purposes of mandatory training for County employees?
Which of the following actions is NOT part of the responsibilities of the Fair Employment Practices Liaison?
Which of the following actions is NOT part of the responsibilities of the Fair Employment Practices Liaison?
What type of conduct does the County's policy address?
What type of conduct does the County's policy address?
Who is subject to the disciplinary actions outlined in the County's policy?
Who is subject to the disciplinary actions outlined in the County's policy?
What does the County's policy require supervisors and managers to do?
What does the County's policy require supervisors and managers to do?
Which of the following is classified as unlawful harassment under the policy?
Which of the following is classified as unlawful harassment under the policy?
What is considered the primary criterion for determining unlawful harassment?
What is considered the primary criterion for determining unlawful harassment?
Which of the following behaviors falls under the category of awful harassment?
Which of the following behaviors falls under the category of awful harassment?
Which of the following is NOT a characteristic of unlawful harassment?
Which of the following is NOT a characteristic of unlawful harassment?
What does the County's policy state regarding third parties?
What does the County's policy state regarding third parties?
Which of the following is an example of unlawful harassment?
Which of the following is an example of unlawful harassment?
What type of action can the County take against employees found in violation of the policy?
What type of action can the County take against employees found in violation of the policy?
What constitutes the term 'discrimination' under this policy?
What constitutes the term 'discrimination' under this policy?
In what contexts does the policy extend its applicability?
In what contexts does the policy extend its applicability?
What is a key component of the County's policy regarding harassment behavior?
What is a key component of the County's policy regarding harassment behavior?
What constitutes a violation of the policy when posting on personal social media?
What constitutes a violation of the policy when posting on personal social media?
What should an employee do if they believe they have been discriminated against at work?
What should an employee do if they believe they have been discriminated against at work?
Which of the following actions may NOT be a violation of the workplace policy?
Which of the following actions may NOT be a violation of the workplace policy?
What is the timeline for filing a complaint about discrimination?
What is the timeline for filing a complaint about discrimination?
Who is responsible for investigating complaints of harassment?
Who is responsible for investigating complaints of harassment?
What action is required from managers and supervisors upon becoming aware of harassment?
What action is required from managers and supervisors upon becoming aware of harassment?
Anonymous complaints can be made through which of the following?
Anonymous complaints can be made through which of the following?
What must happen during an investigation of a complaint?
What must happen during an investigation of a complaint?
What can happen if a supervisor fails to report observed harassment?
What can happen if a supervisor fails to report observed harassment?
What type of behavior is considered retaliatory under the policy?
What type of behavior is considered retaliatory under the policy?
Which category is NOT mentioned as a protected status under this policy?
Which category is NOT mentioned as a protected status under this policy?
What should employees do if they witness discriminatory conduct?
What should employees do if they witness discriminatory conduct?
What is one of the roles of HRFEP in managing complaints?
What is one of the roles of HRFEP in managing complaints?
What actions may the County take in response to a substantiated complaint against a non-employee?
What actions may the County take in response to a substantiated complaint against a non-employee?
What must an employee do if they wish to appeal a determination made by HRFEP?
What must an employee do if they wish to appeal a determination made by HRFEP?
What is one limitation the County faces regarding non-employees?
What is one limitation the County faces regarding non-employees?
Which of the following findings indicates that behavior was deemed inappropriate but not a violation of policy?
Which of the following findings indicates that behavior was deemed inappropriate but not a violation of policy?
What is one of the purposes of maintaining confidentiality in handling complaints?
What is one of the purposes of maintaining confidentiality in handling complaints?
If an employee of HR raises a discrimination complaint, where can they file it to avoid conflict of interest?
If an employee of HR raises a discrimination complaint, where can they file it to avoid conflict of interest?
What should happen after an HRFEP investigation concludes?
What should happen after an HRFEP investigation concludes?
What type of behavior is categorized as 'Inappropriate Behavior Not Rising to the Level of a Violation'?
What type of behavior is categorized as 'Inappropriate Behavior Not Rising to the Level of a Violation'?
Which action may NOT be taken against a non-employee after a policy violation is substantiated?
Which action may NOT be taken against a non-employee after a policy violation is substantiated?
What types of external complaints can individuals file, apart from HRFEP?
What types of external complaints can individuals file, apart from HRFEP?
After a finding of 'No Violation', what can the complainant do?
After a finding of 'No Violation', what can the complainant do?
Which group is defined as Third Parties in the context of the policy?
Which group is defined as Third Parties in the context of the policy?
What may be included in corrective actions recommended for a violation of the policy?
What may be included in corrective actions recommended for a violation of the policy?
In cases of conflict of interest, who is responsible for investigating the complaint?
In cases of conflict of interest, who is responsible for investigating the complaint?
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Study Notes
Miami-Dade Fire Rescue (MDFR) Discrimination Policy
- MDFR policy aligns with Miami-Dade County's Implementing Order (IO) 7-45 on Equal Employment Opportunity to prevent discrimination, harassment, or retaliation.
- Employees must file complaints with the Human Rights and Fair Employment Practices (HRFEP) Division or the MDFR Fair Employment Practices Liaison (FEPL) if they experience unlawful behavior.
Definitions of Harassment and Discrimination
- Awful Harassment: Unwelcome conduct that, while offensive, is not classified as unlawful because it is not related to protected classes and may be isolated or infrequent.
- Discrimination: Unfair treatment in the workplace based on protected categories such as race, color, religion, sex, age, disability, etc., affecting hiring, promotion, discipline, and other employment conditions.
- Retaliation: Adverse actions against individuals who report or oppose discriminatory practices, even affecting associates of the complainant.
- Sexual Harassment: Includes unwelcome sexual advances or conduct that disrupts work performance or creates a hostile work environment.
- Unlawful Harassment: Conduct targeting individuals based on protected classes aimed at creating an intimidating or hostile work environment.
Responsibilities of Employees and Supervisors
- Employees are required to treat coworkers and the public with respect and adhere to the anti-discrimination policies.
- Supervisors must act on complaints immediately and ensure no retaliation toward complainants.
Procedures for Filing Complaints
- Employees can file complaints in person, via fax, email, or online with HRFEP or the MDFR FEPL.
- Complaints can be filed directly with state or federal commissions if necessary.
- Protections against interference or retaliation for those who report complaints are enforced.
Investigative and Corrective Measures
- Complaints will be investigated by the HRFEP if initial evidence suggests unlawful behavior.
- Corrective action may involve counseling or disciplinary measures up to termination depending on the severity of conduct.
Policy Applicability
- Policy covers all employees, supervisors, managers, and associated individuals, including contractors, vendors, and visitors.
- Applies to workplace conduct extending to any location associated with County business or events.
Key Concepts in Management and Conduct
- Distinguishing Management Actions from Harassment: Managers must lead and make legitimate decisions; such actions are not harassment if based on a legitimate rationale.
- Lack of Intent Not a Defense: Harassment is judged by its impact on victims, regardless of the harasser's intentions.
- Awful Harassment Definition: Behavior falling short of unlawful harassment can still result in corrective actions by the County.
Commitment to Equal Opportunity
- Miami-Dade County is dedicated to total inclusion in the workplace, prohibiting discrimination across a broad range of protected categories.
- All staff are expected to model appropriate behavior and contribute to a respectful workplace environment.### Conflict Management and Harassment Definitions
- Situations of conflict do not automatically qualify as harassment; managers must effectively manage their teams.
- Managerial decisions influence employees through task assignments and performance monitoring, which are legitimate functions of management.
- Good faith communications, including performance feedback, are not considered harassment.
Sexual Harassment Overview
- Sexual harassment is unlawful and involves unwelcome sexual advances or acts that interfere with work or create a hostile environment.
- The County has a zero-tolerance policy for sexual harassment and will respond promptly to complaints.
Criteria for Sexual Harassment
- Considered harassment if:
- Submission or rejection affects employment conditions.
- Used as a basis for employment decisions.
- Affects legislative support or opposition.
- Creates a hostile or humiliating work environment.
Forms and Examples of Sexual Harassment
- Verbal Conduct: Jokes, comments on appearance, sexual gossip, catcalling, sexting, etc.
- Direct Propositions: Unwanted dates or sexual advances, inappropriate online communication.
- Sexual Coercion: Demands for sexual favors for job-related rewards, threats for rejecting advances.
- Sexual Contact: Unwanted physical touching or assault.
Retaliation Definition and Examples
- Retaliation occurs when adverse actions are taken against individuals who report harassment or oppose discrimination.
- Examples include demotion, poor evaluations, transfer, and exclusion from opportunities.
Complaint Reporting Procedures
- Employees should file complaints with the Human Rights & Fair Employment Practices Division (HRFEP) or Departmental Fair Employment Practices Liaison (FEPL).
- Complaints must be filed within 365 days of the alleged incident, but immediate reporting is encouraged for effective investigation.
Complaint Submission Methods
- Complaints can be submitted via office visit, fax, email, or a web-based reporting system.
- Anonymous complaints are permissible and will be processed by HRFEP.
Investigation Procedures
- HRFEP investigates all reported incidents, including those without formal complaints.
- Investigations include witness interviews and document analysis, aimed at determining if policy violations occurred.
Findings and Actions Post-Investigation
- Possible outcomes:
- No violation found.
- Inappropriate behavior noted, possibly needing disciplinary action.
- Violation confirmed, leading to corrective recommendations and potential disciplinary actions against the offender.
Confidentiality and Conflict of Interest
- The County aims to maintain confidentiality throughout the complaint process.
- Employees of HR have the option to file complaints directly with the Mayor to avoid conflicts of interest.
Right to Appeal
- Complainants may appeal HRFEP’s findings within 15 days of receipt of the determination.
- Appeals must be submitted in person or via certified mail, not through electronic means.
Role and Responsibilities of FEPLs
- Fair Employment Practices Liaisons help manage complaints and facilitate informal resolution when appropriate.
- They must notify HRFEP of complaints and support resolution efforts within departments.### Fair Employment Practices Liaison
- A contact list for Fair Employment Practices Liaison of Miami-Dade County departments is accessible online.
- The link for the contact list is http://www.miamidade.gov/humanrights/library/departmental-liaisons-updated.pdf.
Mandatory Training Requirements
- All County employees and supervisors must participate in trainings related to the Fair Employment Policy.
- Training aims to enhance prevention efforts and educate staff on appropriate behavior, reporting procedures, and complaint resolution.
- Human Resources Department is responsible for scheduling and conducting the trainings, utilizing outside experts as needed.
- Department Directors must ensure employees are informed about this policy and that training is conducted promptly.
- Human Resources will monitor compliance with departmental training requirements to ensure all employees are trained on the policy.
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