Spring Fire Department Workplace Harassment/Sexual Harassment Policy (PDF)

Manual Name: Document Number: Spring Fire Department Policies & Procedures SFD.035 Document Title: Date: 6/12/2014 Workplace Harassment/Sexual Har...

Manual Name: Document Number: Spring Fire Department Policies & Procedures SFD.035 Document Title: Date: 6/12/2014 Workplace Harassment/Sexual Harassment Chief’s Signature: Revision Number: 01 PURPOSE The purpose of this policy is to define when harassment occurs and to establish procedures for all personnel of Spring Fire Department. SCOPE This policy applies to all members (employees and volunteer’s) of Spring Fire Department. REVIEW The Executive Board is responsible for reviewing this policy/procedure and assuring its accuracy. PROCEDURE/POLICY It is a fundamental policy of Spring Fire Department that its personnel should be provided with a working environment free from harassment (epithets, derogatory statements, slurs), physical harassment (assault, physical interference with normal work), visual harassment (posters, cartoons, drawings) and innuendos, based on race, color, religion, sex, national origin, age, disability, genetic information, veteran status or other characteristics protected by law. Conduct by any member that harasses, disrupts or interferes with another’s work performance, affects tangible job benefits, or creates an intimidating, offensive or hostile environment will not be tolerated. Sexual harassment is unwanted sexual attention of a persistent or offensive nature made by a person who knows, or reasonably should know, that such attention is unwanted. While sexual harassment encompasses a wide range of conduct, some examples of specifically prohibited conduct include:  Promising, directly or indirectly, a member a reward, if the member complies with a sexually oriented request;  Threatening, directly or indirectly, to retaliate against a member, if the member refuses to comply with a sexually oriented request;  Denying, directly or indirectly, a member an employment-related opportunity, if the member refuses to comply with a sexually oriented request;  Engaging in sexually suggestive physical contact or touching another member in a way that is unwelcome;  Displaying, storing, or transmitting pornographic or sexually oriented materials using Spring Fire Departments equipment or facilities;  Engaging in indecent exposure; or  Making sexual or romantic advances toward a member and persisting despite the member’s rejection of the advances.  Sexual jokes and innuendo; Page 1 of 5  Manual Name: Document Number: Spring Fire Department Policies & Procedures SFD.035 Document Title: Date: 6/12/2014 Workplace Harassment/Sexual Harassment Revision Number: 01  Verbal abuse of a sexual nature;  Commentary about an individual’s body;  Sexual prowess or sexual deficiencies;  Leering, whistling or touching; insulting or obscene comments or gestures. An aggregation of a series of incidents can constitute sexual harassment even if one of the incidents considered on its own would not be harassing. Sexual harassment can involve males or females being harassed by members of either sex. The harasser can be a member’s supervisor, a supervisor in another area, a co-worker, or someone who is not a member of Spring Fire Department such as a vendor or client. Members are prohibited from harassing other members whether or not the incidents of harassment occur on Spring Fire Department premises and whether or not the incidents occur during working hours. Responsibilities Members If a member believes that he/she has been subject to discrimination or harassment in violation of the above policies or who has knowledge of such behavior, including without limitation, sexual harassment (hereinafter collectively refereed to as “Harassment”), the member should:  Report the incident (s) immediately to the member’s immediate supervisor, the person next in authority, Human Resources or any official in the Department’s chain of command with whom you feel comfortable.  Make his/her unease and/or disapproval directly and immediately know to the harasser; and  Provide as much of the following information as is possible:  The name, department, and position of the person or persons allegedly causing the harassment;  A description of the incident(s), including date(s), Location(s), and the presence of any witnesses;  The alleged affect of the incident(s) on the members position, salary, benefits, promotional opportunities, or other terms of conditions of employment,  The names of other members who might have been subject to the same or similar harassment:  The steps the member has taken to try to stop the harassment; and  Any other information the member believes to be relevant to the harassment complaint. Page 2 of 5  Manual Name: Document Number: Spring Fire Department Policies & Procedures SFD.035 Document Title: Date: 6/12/2014 Workplace Harassment/Sexual Harassment Revision Number: 01 Supervisors Supervisors must deal expeditiously and fairly with allegations of Harassment within their departments whether or not there has been a written or formal complaint. Supervisors must:  Report immediately any allegations of Harassment to the Human Resources Department; and  Take corrective action to prevent prohibited conduct from reoccurring. Supervisors who knowingly allow or tolerate Harassment are in violation of this policy and subject to disciplinary action, up to and including termination. Human Resources Department is responsible for:  Promptly investigating any and all allegations of Harassment;  Ensuring that both the individual filing the complaint and the accused individual are aware of the seriousness of a complaint related to Harassment;  Explaining Spring Fire Departments Workplace Harassment/Sexual Harassment policy and Procedure and investigation procedures to the individual filing the complaint and the accused individual;  Preparing a written report with regard to any investigation under this policy;  Exploring formal and informal means of resolving Harassment complaints;  Determining a resolution to a complaint if it determines that Harassment has occurred and  Notifying the police if criminal activities are alleged. Fire Chief Any member who remains unsatisfied after an investigation by the Human Resource Department and their respective supervisor may seek review from the Fire Chief. The Fire Chief may direct or conduct an independent investigation and may take further remedial or disciplinary action as appropriate. Resolution If Human Resources Department determines that Harassment has occurred, appropriate relief for the member who brought the complaint will follow. Such relief may include, without limitation, the following:  Separation of the member’s job from the harasser;  A pledge by the harasser not to engage in any behavior that could be construed as in violation of this policy;  A promise by the harasser not to retaliate against the member; and/or Page 3 of 5  Manual Name: Document Number: Spring Fire Department Policies & Procedures SFD.035 Document Title: Date: 6/12/2014 Workplace Harassment/Sexual Harassment Revision Number: 01  The restoration of any employment/volunteer terms, conditions, or opportunities the member lost or was denied because of the Harassment and for any other relief necessary to remedy the situation. The harasser will receive appropriate disciplinary action up to and including discharge. In all cases, Spring Fire Department will make follow-up inquiries to ensure that the Harassment has not resumed. A non-member who subjects a member to Harassment in the workplace will be informed of Spring Fire Departments policy and appropriate action will be taken. Individuals who violate this policy may also be subject to civil damages or criminal penalties. Anti- Retaliation Spring Fire Department will not tolerate retaliation against any member who makes a good faith complaint of Harassment or provides information in connection with any such complaint. A member who brings a good faith report of Harassment to the attention of Spring Fire Department will not suffer retaliation or other adverse employment action or consequence. Any member who is found to have retaliated against a member, who in good faith reported Harassment, will be disciplined up to and including termination of employment. Confidentiality Spring Fire Department understands that these matters can be extremely sensitive and so far as possible, will keep all member complaints and all communications, such as interviews and witness statements in strict confidence. All information pertaining to a Harassment complaint of investigation is maintained by the Human Resources Department. Other Available Procedures The procedures available under this policy do not preempt or supersede any legal procedures or remedies otherwise available to a victim of Harassment under state or federal law. Page 4 of 5  Manual Name: Document Number: Spring Fire Department Policies & Procedures SFD.035 Document Title: Date: 6/12/2014 Workplace Harassment/Sexual Harassment Revision Number: 01 My signature below is my acknowledgement of having received a copy of Spring Fire Departments Workplace Harassment/Sexual Harassment Policy and Procedure. I have read the policy and procedure. I understand it, and agree to comply with the terms of the policy and procedure. _____________________________________ __________________ Member Signature Date __________________________________________ Member Name (please print) _____________________________________ __________________ Representative Signature Date Page 5 of 5