Romeoville Fire Department Sexual Harassment Policy 2020 PDF

ROMEOVILLE FIRE DEPARTMENT MANUAL CATEGORY 500: HUMAN RESOURCES POLICY NUMBER TITLE SEXUAL HARASSMENT EFFECTIVE AUTHORIZED Kent Adams, Fire Chief REVISED 538 04/10/2020 This policy is for internal use only and does not enlarge an employee’s civil liability in any way. This policy should not be const...

ROMEOVILLE FIRE DEPARTMENT MANUAL CATEGORY 500: HUMAN RESOURCES POLICY NUMBER TITLE SEXUAL HARASSMENT EFFECTIVE AUTHORIZED Kent Adams, Fire Chief REVISED 538 04/10/2020 This policy is for internal use only and does not enlarge an employee’s civil liability in any way. This policy should not be construed as creating duty to act or a higher duty of care, with respect to third party civil claims against employees or the department. A violation of this policy, if proven, can only form the basis of a complaint by this department for non-judicial administrative action in accordance with the laws governing employee discipline. In the event of a conflict between this Departmental policy and the Village Handbook, the Village Handbook shall prevail. Purpose: The purpose of this policy is to prohibit sexual harassment and discrimination within this fire department. The policy also provides for the reporting and department response to sexual harassment or discrimination. This policy is intended to be complimentary to and consistent with Policy 536-Discriminatory Harassment & the Village of Romeoville Handbook. Policy: Sexual harassment and sexual discrimination is not tolerated by this department. All officers are required to take pro-active steps to prevent sexual harassment or sexual discrimination in any form, and to take prompt corrective action should such harassment and/or discrimination occur. The department shall provide employees with a mechanism for reporting and resolving allegations of sexual harassment and discrimination. Definitions Sexual Harassment: Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct when: Page 1 of 5 ROMEOVILLE FIRE DEPARTMENT MANUAL A. B. C. submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive work environment. Two Types of Sexual Harassment: 1. Quid Pro Quo Harassment: occurs when: a. employment, benefits, promotion, salary increases, overtime, assignments, performance expectations, and other conditions of employment are made contingent on the provision of sexual favors, or b. the rejection of a sexual advance or request for sexual favors results in a tangible employment detriment, such as the loss of employment, benefits, promotion, salary increases, overtime, assignments, performance expectations, and other conditions of employment 2. Hostile Work Environment: occurs an employee is confronted with a hostile or abusive work environment involving sexually explicit language, photos, or conduct that is severe and pervasive, which has the purpose or effect of unreasonably interfering with the individual's work performance or creates an intimidating, hostile, or offensive work environment Sexual Harassment Progression: The following are examples of behavior that may constitute sexual harassment: 1. Non-Physical a. Repeated sexual innuendoes or sexually oriented comments b. Obscene remarks, jokes, slurs, or language related to sex or of a sexual nature Page 2 of 5 ROMEOVILLE FIRE DEPARTMENT MANUAL c. Letters, notes, faxes, e-mail, or graffiti that is of a sexual nature or is sexually abusive d. Sexually oriented demeaning names e. Persistent unwanted sexual or romantic requests, overtures or attention f. Leering, whistling, or other sexually suggestive sounds or gestures g. Display of pornographic photographs, drawings, cartoons, videos or other sexually oriented material in the workplace h. Requests for sexual favors 2. Physical/Non-Physical Intimidation a. Coerced or unwelcomed touching, patting, brushing up against, pinching, kissing, stroking, massaging, squeezing, fondling or tickling b. Sexual propositions, insults and threats c. Subtle or overt pressure for sex or sexual favors d. Repeated phone calls, emails or text messaging e. Physical blocking, cornering or stalking f. Sending materials of a sexual nature 3. Physical/Bodily Harm a. Coerced sexual intercourse b. Sexual Assault c. Attempted Sexual Assault Page 3 of 5 ROMEOVILLE FIRE DEPARTMENT MANUAL Sexual Discrimination: The disparate treatment of an employee with respect to work benefits, conditions, assignments, promotions, etc. based upon the gender of the employees unless such disparate treatment is necessary based upon some bona- fide occupational qualification. Procedure: 1. The fire department is committed to providing a workplace that is free of sexual harassment, intimidation or exploitation, and free of sexual discrimination. It is expected that all personnel will treat one another with respect. For these reasons, sexual harassment and sexual discrimination is not tolerated in this department, and shall be considered to be a violation of this policy. 2. Officers and all employees have an affirmative obligation to provide a work environment free of all harassment. This includes taking steps to insure that the department is in a position to control prohibited harassment whether it is done by supervisors, co-workers or non-employees (such as vendors working with the department, supplying services, or citizens we come in contact with). 3. Reporting Requirements: All employees of the department have an obligation to promptly report violations of this policy. This includes reporting sexual harassment, sexual discrimination or indicators of a hostile, offensive work environment that the employee experiences, witnesses, or otherwise has knowledge of. 4. An individual employee who believes he/she is the victim of sexual harassment or sexual discrimination may choose to act on his/her concerns directly, by addressing the other party in person, or by writing a letter to the other party describing the unwelcome behavior, its effect, and stating that the behavior must stop. An employee receiving such a request shall immediately comply with the request, and is prohibited from retaliating or causing/encouraging others to retaliate against an individual who in good faith initiates such a communication. 5. An employee seeking to report or complain about a violation of this policy should promptly inform his or her immediate supervisor. If the immediate supervisor is involved in the allegation or the employee is uncomfortable with making a report to their immediate supervisor, the employee may by-pass the chain of command in order to report the harassment or discrimination to any ranking officer, including the Fire Chief. Page 4 of 5 ROMEOVILLE FIRE DEPARTMENT MANUAL 6. Once an allegation is made, supervisory personnel shall take steps to separate the involved employees while an investigation into the allegations is conducted. The separation should be undertaken in an equitable manner which is nonpunitive in nature. In no case will the complaining employee be forced to change assignments against their choice. Supervisors are required to immediately stop any conduct which might continue or aggravate the allegation(s). 7. All allegations of sexual harassment or sexual discrimination received by supervisors shall be documented and forwarded up the chain of command to the Fire Chief. 8. The Fire Chief and all officers and supervisors in the chain of command shall ensure that all complaints of sexual harassment or discrimination are immediately and thoroughly investigated. 9. The alleged victim of the sexual harassment shall be kept informed of the progress of the investigation. 10. At the conclusion of the investigation, the alleged victim and the accused employee should be informed of the conclusions reached by the investigation. 11. Where evidence is established to sustain a violation of this policy, immediate disciplinary action shall be taken against the offending employee, up to and including termination from employment with this department. 12. No employee shall be retaliated against for reporting allegations of sexual harassment or discrimination. Training: The department shall provide sexual harassment/sexual discrimination training to all new hires, and conduct annual sexual harassment/sexual discrimination for all employees. The training shall include instruction on the reporting requirements of this policy. Furthermore, the completion of the training shall be documented. Page 5 of 5