Tacoma Fire Department: Anti-Harassment Policy

Overview

• This document outlines the Tacoma Fire Department's (TFD) policy against harassment, sexual harassment, discrimination, and retaliation.
• The policy prohibits discrimination based on factors like race, religion, color, creed, national origin, sex, gender identity, sexual orientation, veteran status, age, marital status, familial status, genetic information, disability, or any other status protected by law.
• Procedures for reporting, handling allegations, receiving reports, and ensuring a standard internal response are provided.
• The policy applies to all TFD personnel and supersedes previous versions.

Related Information

• Refer to TFD Policy 1000 for Department Duties and Responsibilities.
• Refer to TFD Policy 1001 for Officer/Supervisor Duties.
• Refer to TFD Policy 1002 for Rules of Conduct.
• Refer to TFD Policy 1010 for Counseling and Discipline.
• Refer to TFD Policy 1013 for Written Communications.

Philosophy

• The TFD has a zero-tolerance policy toward discrimination and harassment in the workplace.
• Employee harassment and discrimination against the public is also prohibited.
• Employees must behave professionally, respectfully, lawfully, and are accountable for their actions.
• Compliance with TFD and city policy and respect for diversity within the workforce and community are required.
• Employees operating outside TFD's expectations are considered beyond the scope of employment, potentially relieving TFD of obligation to provide a legal defense.
• TFD aims to resolve any concerns about offensive behavior swiftly, regardless of whether a formal complaint is filed.

Responsibilities

• All TFD employees must read and abide by the policy, help maintain a professional work environment, and report incidents of inappropriate behavior.
• TFD supervisors must read and follow the policy, address inappropriate behavior immediately, and understand they can be held accountable for failing to act on such behavior.
• Supervisors are responsible for documenting and reporting to a TFD Equal Employment Opportunity (EEO) Officer all situations involving alleged discrimination, harassment, or retaliation, even if the supervisor believes they handled the situation.
• Supervisors must inform their own supervisor of any situation involving alleged discrimination, harassment, or retaliation.
• TFD EEO Officers must be available to discuss employee allegations or concerns.
• EEO Officers are responsible for knowing and following procedures for external compliance entities, notifying the Fire Chief/City EEO office when issues arise, scheduling annual EEO training, and maintaining the policy document.
• Battalion Chiefs are responsible for ensuring TFD personnel complete annual EEO training.

Definitions

• Allegation: An unproven assertion.
• Allegation of discrimination or harassment: An unproven assertion that discrimination or harassment occurred.
• Complaint: A written or verbal claim of misunderstanding, difference in interpretation, or violation of an employment condition.
• Discrimination: Treating people unfairly based on protected characteristics.
• EEO (Equal Employment Opportunity): The right for all people to be treated according to individual merit, fitness and capability in all employment processes.
• EEO External Compliance Agency: Agencies that enforce Title VII Civil Rights Laws like the EEOC, the Washington State Human Rights Commission, or the City of Tacoma Human Rights division
• Employees: Includes all classifications, employment status, temporary employees, contract employees, interns, and volunteers in the Tacoma Fire Department.
• Gender Expression or Identity: Having or being perceived as having a gender expression or identity, self-image, appearance, behavior or expression.
• Genetic Information: Information from genetic tests of applicants, employees or family members or from family medical history, and requests for genetic services.
• Harassment Based on Protected Class Membership: Discrimination that includes conduct demonstrating negative bias toward a protected class
• Investigation: A documented fact-finding process to determine if discrimination or harassment occurred.
• Protected Classes: Defined by federal, state, and local anti-discrimination laws including race, age (40+), sex/gender, creed, color, national origin, ancestry, religion, sexual orientation, gender expression/identity, marital/familial status, veteran status, disability and those subject to USERRA.
• Retaliation: Adverse employment action against someone who filed, testified, or assisted in an accusation.
• Sexual Harassment: Unwelcome sexual advances, requests for sexual favors, or other conduct of a sexual nature that affects employment conditions or creates a hostile environment.
• Examples of prohibited conduct in the TFD workplace include vulgar comments, obscene gestures, suggestive comments, gossip about sexual conduct, unwanted touching, displaying offensive material, using sexual attributes to intimidate, unwelcome flirtations, coercion of sexual activity, retaliation for rebuffing advances, promising rewards for tolerating inappropriate behavior, offensive remarks based on gender, sexual activity (even with consent), and retaliation for complaining about harassment.
• Sexual Orientation: Heterosexuality, homosexuality, bisexuality and gender expression or identity.
• USERRA: Uniform Services Employment and Re-employment Rights Act.
• Workplace: Any location where employees perform labor or service under TFD control, including fire grounds, EMS calls, inspection sites, on-duty travel, work-related events, and vehicles/equipment.
• Zero Tolerance: Means NO EXCUSES for violating this policy.

Examples of Violations

• Ignorance of the policy, mental lapses, routine behavior, claims of treating everyone the same, saying it's "just how I am", a noncompliant recipient of the behavior, or claiming that is what is done on television.

Rules

• TFD has zero tolerance for discrimination, harassment, and retaliation.
• All TFD employees must complete annual EEO training.
• Discrimination, harassment, and retaliation based on protected characteristics are prohibited.
• All employees must ensure the TFD workplace is free from discrimination, harassment, retaliation, hostility, intimidation, and coercion.
• Creating a hostile work environment based on protected characteristics is prohibited.
• TFD will not tolerate inappropriate behavior that interferes with an employee's ability to work.
• Allegations of discrimination, harassment, and retaliation will be handled with sensitivity and confidentiality.
• While TFD will try to maintain confidentiality, it cannot guarantee complete confidentiality under the law.
• Solutions to violations may include counseling, discipline, or training.
• Complaining parties are entitled to know about measures directly affecting them.
• Retaliation against anyone involved in the allegation process is expressly forbidden and subject to disciplinary action.
• Employees have the opportunity to disprove allegations and action may including termination.
• TFD will resolve unrelated performance issues separately from discrimination/harassment allegations.
• All TFD employees must read the policy and complete EEO training annually.
• EEO training records will be maintained in Training Tracker or the department’s online training system.

Behavioral Expectations

• What is acceptable in broader society or among some co-workers isn't automatically acceptable in the TFD workplace.
• TFD employees must evaluate and discontinue behavior not in accordance with this policy.
• Assistance should be sought if there is disagreement with the expressed wishes of a co-worker.
• Report incidents of inappropriate behavior, discrimination, harassment and retaliation as soon as possible.
• Always be truthful when making allegations.
• Fully cooperate in resolving workplace allegations by being truthful.
• Respect the process for resolving allegations by not participating in rumors or gossip.
• Contact a TFD EEO officer directly or other resources to discuss/report issues immediately upon encountering the behavior.
• Employees may submit written allegations to a TFD EEO officer.
• Supervisors must be notified of romantic/sexual relationships with employees who provide supervision, and immediately make arrangements to remove themselves from the chain of supervision.
• A supervisor must be notified if a relationship ends or deteriorates and impairs ability to work together.
• Employees must NOT create an intimidating/hostile environment, retaliate, endure or tolerate inappropriate behavior, presume guilt, make groundless allegations or create conditions that interfere with an employee's work performance.
• Supervisors must address inappropriate behavior immediately and seek guidance from their own supervisor or a TFD EEO officer, if necessary.
• Supervisors must also contact a TFD EEO officer if they have questions about discrimination, harassment, or retaliation.
• Contact the involved parties once a solution has been imposed.
• Contact the parties on the first day/shift after the action has been taken.
• Contact the parties twice per month after the first contact.
• Document the date, time, and the information that was said.
• If a supervisor is in a relationship with an employee, make arrangements to remove themselves from the chain of supervision of that employee.
• Supervisors must NOT excuse or permit inappropriate behavior.
• Supervisors MUST NOT dismiss an allegation without having it documented or reporting it.
• Supervisors must NOT allow allegations to remain that are unresolved.
• Supervisors MUST NOT take disciplinary action before the fact or negatively affect a complaining employee.
• Supervisors MUST NOT force an employee claiming harassment on to work with the alleged harasser during an investigation.
• Supervisors MUST NOT make personnel movements without consulting with and getting approval from the Bureau Chief or Fire Chief and MUST NOT retaliate against employees for allegations.

Reporting Discrimination, Harassment, or Retaliation

• Review this policy.
• Speak with the offering party or seek assistance from a supervisor.
• Be clear and explain why the behavior is offensive.
• Ask the employee to stop and then inform your supervisor if the approach fails.
• If your supervisor is the offending party, seek assistance from the next in the chain of command.
• If you are not comfortable with the chain of command, seek assistance from a TFD EEO Officer, non-involved supervisor, Bureau Chief, TFD Fire Chief, or The City EEO Office or An External EEO Compliance Agency.
• Participate in the investigation truthfully.
• If the unwelcome behavior returns, report to the person who arranged the solution.
• Do not try to resolve the situation on your own.
• Get assistance if you did not receive it from the person who arranged the solution, whether it be thru Chain of Command or TFD EEO Officer.

Handling Allegations About Your Own Behavior

• Review the policy.
• Acknowledge that an issue exists, which is not an admission of being wrong.
• Seek guidance if you believe you have done nothing wrong.
• Contact a TFD EEO Officer to discuss concern.
• Participate in the process.
• Seek clarification of the issue.
• Do nothing to impede a solution.
• Do not retaliate against any person involved in the investigation.
• If having difficulty with the accusations, seek professional help.

Receiving Reports of Discrimination/Harassment/Retaliation

• Review the policy.
• Resolve issues in the lowest possible supervisory level, except with matters of retaliation, than contact the TFD EEO Officer.
• Document and report to a TFD EEO Officer with any situation.
• Be aware that employees can report issues directly outside the Chain of Command.
• Determine the appropriate response.

Standard Internal Response

• Document each step of the process.
• Notify the TFD EEO office and the City EEO office if an allegation includes sexual assault, widespread discrimination/harassment, deliberate job decisions, or the involvement of high-ranking officers/city personnel, media awareness, political/sensitive overtones, or external reports of discrimination/harassment/retaliation.
• If unable to contact the above parties, report to the Chief or a Deputy/Assistant Chief.
• If you are unsure whether to report an allegation, contact a TFD EEO officer.
• For improper physical touching allegations, make a determination if the parties need to be initially separated.
• If the parties are initially separated, remind employees that the action is not disciplinary.
• Immediately seek advice of a TFD EEO Officer if allegation reporter voices discomfort about remaining in contact with an alleged offender.
• Do not transfer the person who made the accusation unless directed to do so.
• Take no disciplinary action unless/until misbehavior is confirmed.
• Investigate complaints/allegations, even if it has not been formally brought about or reported.
• Remind all parties of their responsibilities, and remind parties that there is no retaliation will be tolerated for making or participating in the investigation.
• The persons who brought the allegation and the wrong-doer will each be interviewed.
• Witnesses will be interviewed, and conversations will be kept confidential and discreet.
• Inform your supervisor of your discoveries and course of action.
• Document the information, and evaluate if action can be solved at your level of supervision.
• If not, seek guidance.
• When the investigation is over, inform the parties.
• If an EAP is available, make those parties aware.
• Monitor, and then determine if there are inappropriate actions.
• Report your findings to a TFD EEO Officer and supervisor.
• Do not simply repeat previous steps if the bad behavior has not ceased.
• If the monitoring is successful, you should seek confirmation from them and notify you.
• Send to a TFD EEO Officer a Final Report with the following: names, parties, behaviors, summary of facts, actions, conclusions, written statements, list of actions to correct, timeline in accordance to ensure it is resolved, and description of the current issue.
• TFD/City EEO Officers include Tory Green and Jerry Lee.