Workplace Harassment/Sexual Harrasment (medium)

Workplace Harassment / Sexual Harassment Policy

• The policy applies to all members of the Spring Fire Department, including employees and volunteers.
• The policy prohibits harassment based on race, color, religion, sex, national origin, age, disability, genetic information, veteran status, or other characteristics protected by law.
• Conduct that disrupts or interferes with another's work performance, affects job benefits, or creates a hostile environment is not tolerated.
• Sexual harassment includes unwanted sexual attention of a persistent or offensive nature.
• Examples of prohibited conduct include promising or threatening rewards or retaliation for sexual favors, engaging in unwanted sexual physical contact, displaying pornographic materials, engaging in indecent exposure, and making persistent unwanted romantic advances.
• Harassment can include verbal abuse, commentary about an individual's body, sexual jokes and innuendo, and insulting or obscene comments or gestures.
• A series of incidents can constitute harassment even if one incident on its own would not be considered harassing.
• Harassment can involve males or females being harassed by members of either sex.
• The harasser can be a supervisor, co-worker, or a non-member of the department.
• Harassment is prohibited whether or not it occurs on department premises or during working hours.

Reporting Procedures

• Members who believe they have been subjected to harassment should immediately report the incident to their supervisor, Human Resources, or any other official in the department's chain of command.
• Members should directly inform the harasser of their disapproval and unease.
• When reporting harassment, members should provide as much detail as possible, including the name, department, and position of the alleged harasser, a description of the incident, the location and date, the presence of witnesses, and the impact of the incident on the member's job.
• Supervisors must expeditiously and fairly deal with allegations of harassment, whether or not a formal complaint has been filed.
• Supervisors are required to immediately report allegations of harassment to Human Resources and take corrective action to prevent the misconduct from recurring.
• Supervisors who knowingly allow or tolerate harassment are in violation of the policy and subject to disciplinary action.

Human Resources Responsibilities

• Human Resources is responsible for promptly investigating allegations of harassment.
• They must explain the department's harassment policy and procedures to both the individual filing the complaint and the accused individual.
• They must prepare a written report regarding each investigation.
• They must explore both formal and informal means of resolving complaints.
• They must determine a resolution to a complaint if they find that harassment has occurred.
• They must notify the police if criminal activities are alleged.

Fire Chief Responsibilities

• Members who remain unsatisfied after an investigation by Human Resources and their supervisor may seek review from the Fire Chief.
• The Fire Chief may conduct an independent investigation and take further remedial or disciplinary action.

Resolution and Disciplinary Action

• If harassment is found to have occurred, the department will provide appropriate relief to the member who filed the complaint.
• Relief may include separation from the harasser, a pledge from the harasser not to engage in prohibited conduct, a promise from the harasser not to retaliate, and restoration of any lost job benefits.
• The harasser will receive appropriate disciplinary action, up to and including discharge.
• The department will follow up to ensure that the harassment has not resumed.
• Non-members who subject a member to harassment will be informed of the department's policy, and appropriate action will be taken.
• Individuals who violate this policy may also be subject to civil damages or criminal penalties.

Anti-Retaliation

• The department will not tolerate retaliation against any member who makes a good faith complaint of harassment or provides information in connection with a complaint.
• Any member found to have retaliated against a member who reported harassment will be disciplined, up to and including termination of employment.

Confidentiality

• The department will keep member complaints and communications, including interviews and witness statements, confidential to the greatest extent possible.
• All information pertaining to a harassment complaint or investigation is maintained by the Human Resources Department.

Other Available Procedures

• The procedures outlined in this policy do not supersede or preempt legal procedures or remedies available to a victim of harassment under state or federal law.