Sheriff's Policy Manual PDF

SHERIFF’S POLICY MANUAL 2.32 NONDISCRIMINATION AND HARASSMENT: 2.32.1 Definitions: A. Adverse Impact: Employment process that does not necessarily intend to exclude people in a protected class, but its practices have the effect of doing so. B. Discriminati...

SHERIFF’S POLICY MANUAL 2.32 NONDISCRIMINATION AND HARASSMENT: 2.32.1 Definitions: A. Adverse Impact: Employment process that does not necessarily intend to exclude people in a protected class, but its practices have the effect of doing so. B. Discrimination: Different treatment of a person or group based on a protected class. C. Disparate Treatment: Intentional discrimination in which employment decisions are determined based on an individual's race, color, creed, sex, sexual orientation, national origin, ancestry, age, religion, disability, pregnancy, marital status, political affiliation, gender identity and expression, veteran status, or any other protected class. 2.32.2 Nondiscrimination/Equal Employment Opportunity: A. BSO's policy is to provide equal employment opportunity without regard to race, color, creed, sex, sexual orientation, national origin, ancestry, age, religion, disability, pregnancy, marital status, political affiliation, or gender identity and expression or as otherwise required by law. BSO's policy of equal employment opportunity covers, but is not limited to matters of recruitment, selection, assignment, compensation, training, promotion, transfer, discipline, and termination. B. BSO prohibits discrimination against people with disabilities in regard to employment practices, terms, conditions, and privileges of employment. A reasonable accommodation will be sought for otherwise qualified persons with permanent, substantially limiting physical or mental disabilities as required by the Americans With Disability Act. Reasonable accommodations will be accom- plished as follows: 1. A reasonable accommodation may consist of modifications or adjustment to the work environment, in the manner or circumstances in which the job customarily is performed or provide alternative employment for which the individual is qualified. Reviewed: 08/15/2017 Revised: 08/24/2017 Rescinds: 03/28/2016 Effective: 08/24/2017 2.32 Page 1 of 8  SHERIFF’S POLICY MANUAL 2. A reasonable accommodation will seek to assist a qualified employee in the performance of essential job functions of the job the employee currently holds. 3. Employees requiring an employment accommodation must initiate the process by contacting EEO for receipt of an application. 4. Employees seeking an accommodation under the provisions of the Americans With Disability Act must be disabled as defined by the statute. Employees must certify that their physical and/ or mental conditions substantially limit a major life activity. 5. Eligible employees are those that satisfy the requisite skill, experience, education, and other job-related requirements of the classification held or being sought and who with or without reasonable accommodation can perform the essential functions of the job classification. 6. The EEO Director will determine and advise employees if they are eligible under the provisions of the Americans With Disabilities Act and if reasonable accommodations can be made. 7. If the employee does not agree with the EEO Director's determination, a request for claim review may be submitted in writing to the Compliance Committee, via EEO, within five days of receipt of the official notice. 8. Prevention of Discrimination: Any person, who believes, in good faith, that they were discriminated against or has observed such discrimination as described, should promptly report such conduct in accordance with provisions set forth in this policy. 2.32.3 Harassment: A. Harassment in any form will not be permitted in the workplace. Harassment is described as engaging in a course or pattern of unwanted verbal, nonverbal, or physical conduct directed at a particular person or group, serving no legitimate purpose and includes, but is not limited to words, gestures, touches, innuendos, epithets, propositions, threats, or other actions which annoy, alarm, frighten, abuse, or insult another person in any manner. Reviewed: 08/15/2017 Revised: 08/24/2017 Rescinds: 03/28/2016 Effective: 08/24/2017 2.32 Page 2 of 8  SHERIFF’S POLICY MANUAL B. Any person harassed by an employee or non-employee in the work environment should promptly take the following steps: 1. The person should promptly and politely inform the offending party to immediately cease and desist from the objectionable activity. Failure to make such a request will not excuse the offending party for any unauthorized actions. Written notification to the offending party of the demand to cease is suggested, with a copy sent to the complaining employee's supervisor including all relevant details of the complaint. The supervisor will make periodic inquiries to ensure offending actions have ceased. 2. If some adverse consequence might result from a direct confrontation, the complaining employee's supervisor should be immediately consulted. 3. If the offending party is the employee's supervisor, the complaining employee must notify the next available supervisor of a higher rank in the chain of command. C. Nothing in this section is intended to prevent any aggrieved employee from pursuing any complaint through another appropriate investigative authority or agency. D. Supervisory and management employees will continually work to discover and eliminate unreported instances of harassment. They will strive to create a non- hostile work environment for all employees. E. Nothing in this section will be construed to restrict supervisors from their appropriate administration of supervisory duties such as dissemination of counseling, discipline, and duty assignments. F. Complaints of harassment will be fully investigated. 2.32.4 Nondiscrimination/Anti-Harassment/Equal Employment Opportunity: A. BSO's policy is to provide equal employment opportunity, without regard to race, color, creed, sex, sexual orientation, national origin, ancestry, age, religion, disability, pregnancy, marital status, political affiliation, or gender identity and expression, veteran status, or as otherwise required by law. BSO's policy of Reviewed: 08/15/2017 Revised: 08/24/2017 Rescinds: 03/28/2016 Effective: 08/24/2017 2.32 Page 3 of 8  SHERIFF’S POLICY MANUAL equal employment opportunity covers, but is not limited to matters of recruitment, selection, assignment, compensation, training, promotion, transfer, discipline, and termination. BSO provides reasonable accommodations to otherwise qualified persons with disabilities as required by the Americans With Disabilities Act. B. BSO does not tolerate harassment in the workplace in any form, including sexual harassment. Any employee found to have engaged in harassment will be subject to prompt disciplinary action, including termination. C. All management and supervisory staff are strictly accountable for maintaining a suitable work environment in accordance with this policy and applicable law. Such accountability includes communicating this policy to all their employees. D. All management and supervisory staff are expected and held accountable to take affirmative measures to prevent, recognize, and correct any instances of discrimination or harassment. E. Management and supervisory staff will be subject to disciplinary action including termination, for participating in or failing to correct instances of discrimination or harassment. 2.32.5 Prevention of Harassment: BSO intends to maintain a work environment free of sexual harassment or harassment of any kind, including harassment on the basis of race, color, creed, sex, sexual orientation, national origin, ancestry, age, religion, disability, pregnancy, marital status, political affiliation, or gender identity and expression, veteran status, or any other basis. Accordingly, the Sheriff has established procedures for the prompt investigation and resolution of reports of harassment. 2.32.6 Sexual Harassment: A. Sexual harassment consists of unwanted sexual pressure, sexual attention or advances, or conduct initiated by any employee, contractor, or agent of BSO toward any other in the form of verbal abuse or invitation, unwarranted sounds, gestures or innuendos, suggestive correspondence, posters, calendars, photographs or remarks, or any form of unwelcome physical contact or suggestion. Reviewed: 08/15/2017 Revised: 08/24/2017 Rescinds: 03/28/2016 Effective: 08/24/2017 2.32 Page 4 of 8  SHERIFF’S POLICY MANUAL B. It is unlawful and expressly against BSO policy for any employee, male or female, to sexually harass another by: 1. Making submission to or rejection of un-welcome sexual advances or requests for sexual favors or engaging in other verbal or physical conduct of a sexual nature, a condition of any employee's continued employment, position, promotion or compensation. 2. Making submission to or rejection of such conduct as the basis for determining employment, position, promotion, or compensation. 3. Making submission to or rejection of such conduct as the basis for any employment decision affecting the employee. 4. Creating an intimidating, hostile, or offensive working environment by such conduct as innuendos and/or suggestive remarks, or physical contact which an employee finds offensive. 2.32.7 Discipline for Discrimination and Harassment: Any employee who has discriminated or harassed another employee will be subject to disciplinary action up to and including termination. 2.32.8 Duty to Report Harassment/Discrimination: A. Any harassment or discrimination directed toward another person must be immediately reported to the appropriate person. B. All reports of harassment or discrimination will be thoroughly investigated and held in confidence to the maximum extent practical while conducting a thorough investigation and in accordance with applicable law. C. Employees will not suffer retaliation for a good faith report of harassment or discrimination. D. Nothing in this policy is intended to limit, discourage, or restrict any other remedies or avenues of redress an employee may have under applicable law. 2.32.9 Complaint Filing Process: The Equal Employment Opportunity Division (EEOD) is the Broward Sheriff’s Office reviewing authority involving unlawful Reviewed: 08/15/2017 Revised: 08/24/2017 Rescinds: 03/28/2016 Effective: 08/24/2017 2.32 Page 5 of 8  SHERIFF’S POLICY MANUAL employment practices and as such, has the vested authority to investigate complaints of discriminatory practices. A. Employees who, in good faith, believe they were subjected to discrimination or harassment by a supervisor, subordinate, peer, service contractor, or the public or employees who in good faith believe they have observed or have knowledge of discrimination or harassment against another person must promptly report the incident to the EEO Division, appropriate department director or commander, Internal Affairs, or directly to the Sheriff. B. Reports of discrimination or harassment will be kept confidential to the maximum extent practicable. An employee's failure to report actual incidents of harassment or discrimination may result in disciplinary action in accordance with policy and procedures. 2.32.10 Report Processing and Investigations: A. EEO will perform the initial processing of all complaints of discrimination or harassment submitted pursuant to this policy. B. Reports of discrimination or harassment filed with department directors, commanders, Internal Affairs, or the Sheriff will be forwarded immediately or as expeditiously as reasonably possible to the EEO Division for initial processing. C. EEO will pursue an informal resolution of potential issues reported under this policy when the EEO Director believes such methods are reasonably likely to yield an appropriate result in accordance with this policy and applicable law. Notwithstanding the above, when the reporting party raises issues of harassment, certain immediate preventative measures generally are appropriate. For example, a person making a good faith report of harassment may elect an immediate, temporary transfer to a position within BSO at the same pay and benefits, to preclude further contact with the alleged offender. D. Upon receipt of a report of discrimination or harassment, the EEO Director or designee will review the allegations of the report and when practicable, conduct a preliminary, informal interview with the reporting party within two business days. E. If the report involves allegations of harassment, the EEO Director or designee will immediately or as soon thereafter as reasonably possible, meet with the Reviewed: 08/15/2017 Revised: 08/24/2017 Rescinds: 03/28/2016 Effective: 08/24/2017 2.32 Page 6 of 8  SHERIFF’S POLICY MANUAL Executive Director of the affected department or designee and Executive Director of Professional Standards or designee to determine the appropriate measures to protect the rights of all parties involved. F. If EEO cannot resolve the matter of a report of discrimination or harassment informally, the EEO Division will forward the report to Internal Affairs for a formal investigation in accordance with policy and procedures. EEO will upon request, continue to provide technical assistance during the formal investigatory process. 2.32.11 Right to File Charges With State and Federal Agencies: A. Employees who feel they were discriminated against or harassed have the legal right to file charges with federal, state, and/or local agencies: 1. Florida Commission on Human Relations 4075 Esplanade Way, Suite 110 Tallahassee, FL 32399-7020 Phone: (850) 488-7082, or 2. U.S. Equal Employment Opportunity Commission Miami District Office Miami Tower 100 SE 2nd Street, Suite 1500 Miami, FL 33131 Phone: (800) 669-4000 TTY: (800) 669-6820 ASL Video Phone: (844) 234-5122 B. Proceeding under this policy does not preclude filing a charge of discrimination or harassment with an outside agency. Specific time limitations apply to charges filed with outside agencies and proceeding under this internal policy does not stay these limitations. 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