Miami-Dade Corrections and Rehabilitation Department Discrim. Harassment PDF

MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 6 DSOP: 6-029 YEAR: 2012 VERSION: 1 SUBJECT: DISCRIMINATION, HARASSMENT, AND RETALIATION EFFECTIVE DATE: November 30, 2012 SUPERSEDES:...

MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 6 DSOP: 6-029 YEAR: 2012 VERSION: 1 SUBJECT: DISCRIMINATION, HARASSMENT, AND RETALIATION EFFECTIVE DATE: November 30, 2012 SUPERSEDES: July 14, 1999 MODIFICATIONS: All Pages TABLE OF CONTENTS I. POLICY II. DEFINITIONS III. LAWS ENFORCED BY THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION IV. EQUAL EMPLOYMENT OPPORTUNITIES V. PROHIBITED CONDUCTS A. Discrimination B. Harassment C. Conditions that Constitute Harassment D. Sexual Harassment Behaviors E. Levels of Sexual Harassment F. Suggestive Displays or Publications G. Retaliation VI. INAPPROPRIATE INMATE/STAFF MISCONDUCT VII. COMPLAINT REPORTING PROCEDURES A. Responsibility of a Complainant B. Responsibility of a Witness C. Responsibility of Immediate Supervisor/Higher Level Authority D. Responsibility of Fair Employment Practices Administrator E. Responsibility of Security and Internal Affairs Bureau Staff F. Outside Authorities VIII. CORRECTIVE ACTION IX. STAFF RESTRICTIONS X. PREVENTION A. Responsibility of Each Employee B. Educational Materials C. Training D. Recordkeeping XI. CROSS REFERENCES XII. RELATED REFERENCES XIII. ACCREDITATION STANDARDS XIV. REVOCATIONS Page 1 of 20  MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 6 DSOP: 6-029 YEAR: 2012 VERSION: 1 SUBJECT: DISCRIMINATION, HARASSMENT, AND RETALIATION I. POLICY It is the policy of the Miami-Dade Corrections and Rehabilitation Department (MDCR) to comply with applicable federal, state, and local laws/rules/regulations/standards/statutes, including those pertaining to discrimination, harassment (sexual harassment), and retaliation. MDCR prohibits discrimination, harassment (sexual harassment), or retaliation against someone on the basis of race, color, sex (including pregnancy), national origin, religion, age, disability, genetic information, veteran status, sexual orientation, marital status, family status, or the exercise of constitutional or statutory rights. MDCR staff shall conduct themselves in an appropriate manner and act responsibly to maintain a work environment that is free from discrimination, harassment, and hostility. In addition, they shall refrain from taking retaliatory action of any kind against someone who is seeking or sought redress for or complained of harassment or discriminatory conduct. It is the responsibility of each supervisor to ensure strict compliance and enforcement of this policy. MDCR has established confidential and convenient mechanisms for someone who believes that he/she has been harassed, discriminated/retaliated against by a MDCR employee, to include a supervisor, for reporting/filing a complaint and having the complaint properly investigated. Appropriate disciplinary action shall be imposed and/or remedial training initiated when a complaint of discrimination, harassment (sexual harassment), or retaliation is sustained. The level of discipline imposed, which ranges from counseling up to and including termination, shall depend on the employee's complete record and the totality of the circumstances. II. DEFINITIONS Age Discrimination in Employment Act of 1967 (ADEA) The law that protects people against unfavorable treatment (employee or applicant) because of his/her age. The law forbids age discrimination against people who are age 40 or older. Bona Fide Occupational Qualification (BFOQ) An employment qualification (religion, sex or national origin) that relates to an essential job duty, and is considered reasonably necessary to the operation of the particular business, although it may appear to discriminate against a protected class. BFOQ may be considered in the employment, assignment, transfer, and/or promotion of an applicant/employee. Page 2 of 20 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 6 DSOP: 6-029 YEAR: 2012 VERSION: 1 SUBJECT: DISCRIMINATION, HARASSMENT, AND RETALIATION Disability Discrimination The unfavorable treatment by an employer or other entity covered by the Americans with Disabilities Act (ADA) or the Rehabilitation Act of someone (employee or applicant) because of a disability. The law also protects people from discrimination based on their relationship with a person with a disability (even if they do not themselves have a disability). For example, it is illegal to discriminate against an employee because his/her spouse has a disability. The following disability criteria may constitute a disability that is protected by law: 1. The individual has a physical or mental condition that substantially limits a major life activity; e.g., such as walking, talking, seeing, hearing, or learning; 2. The individual has a history of a disability (such as cancer that is in remission); 3. The individual is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment). The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense (undue hardship) for the employer. Discrimination The unfair, disparate, unjust, or prejudicial treatment of an individual or certain class of individuals based on age, disability, equal pay/compensation, genetic information, national origin, sex (to include pregnancy), race/color, religion, retaliation, and sexual harassment. Discrimination in employment is prohibited by federal law (Title VII of the Civil Rights Act of 1964), Florida Statute (Chapter 760 of the Florida Civil Rights Act) and administrative order(s). The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, transfer, special assignment opportunities, and any other term or condition of employment. Equal Employment Opportunity Commission (EEOC) An independent federal commission that was created pursuant to Title VII of the Civil Rights Act of 1964, to investigate claims of employment discrimination based on race, color, religion, sex (to include pregnancy), disability, genetics information, national origin, or age. The EEOC enforces antidiscrimination statutes through lawsuits. Additionally, the EEOC encourages mediation and other non-litigious means of resolving employment disputes. Page 3 of 20 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 6 DSOP: 6-029 YEAR: 2012 VERSION: 1 SUBJECT: DISCRIMINATION, HARASSMENT, AND RETALIATION Genetic Information Nondiscrimination Act of 2008 (GINA) The law that makes it illegal to discriminate against staff or applicants because of genetic information. Genetic information includes information about an individual's genetic tests and the genetic tests of an individual's family members, as well as information about a disease, disorder or condition of an individual's family members; i.e., an individual's family medical history. Harassment Consists of words, conduct, or action (usually repeated or persistent) that are directed at a specific person, which annoys, alarms, or causes substantial emotional distress in that person and serves no legitimate purpose. Hostile Work Environment Harassment in which the harasser’s conduct unreasonably interferes with an employee’s work performance or creates an intimidating, hostile, or offensive work environment, by use of severe/pervasive unwelcomed verbal or physical behavior(s). Immigration Reform and Control Act of 1986 The law that prohibits discrimination in the recruitment, hiring, or termination of any person on the basis of national origin or citizenship. MDCR Fair Employment Practices The MDCR office that is responsible for coordinating, monitoring, and ensuring departmental adherence to federal laws, state law(s)/statute(s) and administrative order(s) as it relates to discrimination, harassment (sexual harassment) and retaliation. MDCR Mental Health and Medical Services Unit The MDCR internal employee assistance program that provides a range of services to assist staff, management, and administration. The Unit’s Clinical Psychologists serve as mental health service providers, crisis intervention coordinators, and consultants. Additionally, they offer a first-line response in critical and/or traumatic on-the-job incidents. National Origin Discrimination The unfavorable treatment of someone (employee or applicant) because of his/her ethnicity or accent, he/she is from a particular country or part of the world, or he/she appears to be of a certain ethnic background (even if he/she is not). National origin discrimination may involve treating someone unfavorably because he/she is married to or associated with a Page 4 of 20 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 6 DSOP: 6-029 YEAR: 2012 VERSION: 1 SUBJECT: DISCRIMINATION, HARASSMENT, AND RETALIATION person of a certain national origin or because of his/her connection with an ethnic organization or group. Office of Human Rights and Fair Employment Practices, Miami-Dade County The Miami-Dade County office that has exclusive jurisdiction to establish rules and procedures for processing and resolving employment discrimination complaints by County employees. At minimum, the Office is also responsible for developing, implementing, and monitoring the County’s fair employment guidelines. Pregnancy Discrimination Act of 1978 The law that amended Title VII, which makes unfavorable treatment of a female employee or applicant illegal because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. Quid Pro Quo Harassment A form of sexual harassment that is made explicitly or implicitly in which the satisfaction of a sexual demand is used as the basis of an employment decision affecting the individual. Race/Color Discrimination The unfavorable treatment of a person (employee or applicant) because he/she is of a certain race or because of personal characteristics associated with race; e.g., hair texture, skin color, or certain facial features. Color discrimination involves treating someone unfavorably because of skin color complexion. Race/color discrimination also can involve treating someone unfavorably because the person is married to or associated with a person of a certain race/color or because of a person’s connection with a race-based organization/group, or an organization/group that is generally associated with people of a certain color. Reasonable Person Standard A standard used to determine whether verbal or physical conduct relating to race, color, sexual orientation, religion, sex (to include pregnancy), national origin, age, genetics information, or disability is severe or pervasive to create a hostile or abusive work environment. The standard is based on whether a reasonable person in the same or similar circumstance finds the conduct intimidating, hostile or abusive. The perspective of the alleged employee/applicant's race, color, sexual orientation, religion, sex (to include pregnancy), national origin, age or disability is taken into consideration. Page 5 of 20 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 6 DSOP: 6-029 YEAR: 2012 VERSION: 1 SUBJECT: DISCRIMINATION, HARASSMENT, AND RETALIATION Religious Discrimination The unfavorable treatment of a person (employee or applicant) because of his/her religious beliefs. The law protects people who belong to traditionally organized religions, such as Buddhism, Christianity, Hinduism, Islam and Judaism, and others who have sincerely held religious, ethical or moral beliefs. Religious discrimination can also involve treating someone differently because that person is married to or associated with an individual of a particular religion or because of his/her connection with a religious organization or group. Retaliation A law enforced by the Equal Employment Opportunity Commission that makes it illegal to fire, demote, harass, or retaliate against a person (employee or applicant) because he/she filed a charge of discrimination, complained to his/her employer or other covered entity about discrimination on the job, or participated in an employment discrimination proceeding (such as an investigation or lawsuit). Security and Internal Affairs Bureau (SIAB) The Bureau responsible for classifying and investigating MDCR harassment, discrimination, and retaliation complaints. Sex Discrimination The unfavorable treatment of a person (employee or applicant) because of his/her sex. Sex discrimination also can involve treating someone less favorably because of his/her connection with an organization or group that is generally associated with people of a certain sex. Sexual Harassment A type of discrimination consisting of verbal or physical abuse of a sexual nature. Harassment can include sexual harassment or unwelcome sexual advances, requests for sexual favors, and other verbal/physical conduct of a sexual nature. Title I of the Americans with Disabilities Act of 1990 (ADA) The law that makes it illegal to discriminate against a qualified person with a disability in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions and privileges of employment. The law also requires that employers reasonably accommodate the known physical or mental limitations of an otherwise qualified individual with a disability, who is an employee or applicant, unless doing so would impose an undue hardship on the operation of the employer's business. Page 6 of 20  MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 6 DSOP: 6-029 YEAR: 2012 VERSION: 1 SUBJECT: DISCRIMINATION, HARASSMENT, AND RETALIATION Title VII of the Civil Rights Act of 1964 The law that makes it illegal for an employer to discriminate against someone on the basis of race/color, religion, national origin, or sex. It covers all terms and conditions of employment, and holds the employer responsible for any discrimination that occurs within the employer’s organization. The law also requires that employers reasonably accommodate employees' and applicants' sincerely held religious practices, unless doing so would impose an undue hardship on the operation of the employer's business. Additionally, the law makes it illegal to retaliate against a person because he/she complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. Unwelcome Conduct The occurrence of verbal or physical conduct of a sexual nature, when the employee/applicant has sent signals communicating that the conduct is unwelcomed. III. LAWS ENFORCED BY THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION At minimum, the EEOC enforce the following laws: A. The Immigration Reform and Control Act of 1986 B. The Age Discrimination in Employment Act of 1967 (ADEA) C. The Genetic Information Nondiscrimination Act of 2008 (GINA) D. The Pregnancy Discrimination Act of 1978 E. Title I of the Americans with Disabilities Act of 1990 (ADA) F. Title VII of the Civil Rights Act of 1964 IV. EQUAL EMPLOYMENT OPPORTUNITIES In accordance with the Equal Employment Opportunity laws; Title VII of the Civil Rights Act of 1964; the ADEA of 1967; and the ADA of 1990; hiring, promoting, training, disciplining, or any other employment related decisions shall be made on each individual’s merit. MDCR complies with all equal employment provisions of federal, state, and local laws; and is firmly committed to providing equal employment opportunities to all individuals. MDCR recruits, selects, promotes, transfers, grants specialty assignments, trains, provides Page 7 of 20  MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 6 DSOP: 6-029 YEAR: 2012 VERSION: 1 SUBJECT: DISCRIMINATION, HARASSMENT, AND RETALIATION educational programs and other personnel actions without regards to race, color, age, sex (to include pregnancy), national origin, religion, disability, sexual orientation, marital status, or veteran status. Exceptions may apply when present laws, court decisions or bona fide occupational qualifications impose limitations; e.g., a disabled or non-United States citizen applicant applying for a Correctional Officer position, etc. V. PROHIBITED CONDUCTS In accordance with applicable federal, state, and local laws/rules/regulations/standards/ statutes, MDCR prohibits discrimination, harassment, sexual harassment, suggestive displays or publications, and retaliation. An employee who engages in such behavior shall bear the full responsibility for the unlawful conduct. A. DISCRIMINATION It is the policy of MDCR to not discriminate in any aspect of employment, to include: hiring, assignment, classification, transfer, promotion, termination, layoff, recall, testing, use of agency facilities, training and apprenticeship programs, compensation, fringe benefits, pay, retirement plans, disability, or other terms and conditions of employment. Below are the protected categories for the federal, state and county government: Protected Protected by Protected by CATEGORIES by Federal State County Age X X X Disability X X X Genetic Information X X X Marital Status X X National Origin X X X Pregnancy X X X Race/Color X X X Religion X X X Retaliation X X X Sex X X X Sexual Harassment X X X Sexual Orientation X B. HARASSMENT Harassment does not have to be of a sexual nature; it can include offensive remarks about a person’s gender. For example, it may be illegal to harass a woman by making offensive comments about women in general. The alleged harassed and harasser can be either a woman or a man, of different or same sex. The harasser Page 8 of 20 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 6 DSOP: 6-029 YEAR: 2012 VERSION: 1 SUBJECT: DISCRIMINATION, HARASSMENT, AND RETALIATION can be the alleged employee’s supervisor, a supervisor in another area, a co- worker, or someone who is not an employee of the employer, such as a client or customer. Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment may become illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision, such as the individual being fired or demoted. Some behaviors that have been found to constitute harassment may include, but are not limited to: 1. Derogatory or offensive comments/slurs related to an individual’s race, color, sex (to include pregnancy), national origin, religion, age, disability, genetic information, marital status, sexual orientation, exercise of his/her constitutional or statutory rights, or that of his/her relatives/friends; 2. Threatening, intimidating or hostile acts that may adversely affect any aspect of the individual’s employment due to his/her race, color, sex (to include pregnancy), national origin, religion, age, disability, genetic information, marital status, pregnancy, sexual orientation, exercise of his/her constitutional or statutory rights, or that of his/her relatives/friends; 3. Written, graffiti or graphic material placed or circulated in the workplace that denigrates or shows hostility/aversion towards an individual due to his/her race, color, sex (to include pregnancy), national origin, religion, age, disability, genetic information, marital status, sexual orientation, exercising his/her constitutional or statutory rights, or that of his/her relatives/friends; 4. Adverse employment actions; i.e., termination, demotion, or other employment decisions based on race, color, sex (to include pregnancy), national origin, religion, age, disability, genetic information, marital status, sexual orientation, exercising his/her constitutional or statutory rights, or that of his/her relatives/friends. C. CONDITIONS THAT MAY CONSTITUTE HARASSMENT Each complaint of harassment will be reviewed on an individual basis to determine if the complaint constitutes harassment. One of the below conditions must occur with an unwelcome behavior, to include those mentioned in Outline V, Section B of this policy for unlawful harassment to exist: 1. Submission to such conduct is made explicitly/implicitly a condition of an individual's employment; Page 9 of 20 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 6 DSOP: 6-029 YEAR: 2012 VERSION: 1 SUBJECT: DISCRIMINATION, HARASSMENT, AND RETALIATION 2. Submission to, or rejection of, such conduct by an individual is used as the basis for employment decisions affecting such an individual; e.g., promotions, performance evaluations, etc.; 3. The conduct has the purpose or effect of unreasonably interfering with the individual's work performance or creating an intimidating, hostile or offensive work environment; e.g., individual is intimidated, unable to function normally, etc.; 4. The conduct is retaliatory against an individual, who has complained about or has opposed unlawful harassment. D. SEXUAL HARASSMENT BEHAVIORS Behaviors that have been found to constitute sexual harassment may include, but are not limited to: 1. Derogatory sexual comments or slurs; 2. Sexual jokes, remarks, etc.; 3. Remarks about an individual’s appearance, clothing, figure, etc.; 4. Unwelcome compliments of a suggestive nature; 5. Repeated unreciprocated requests for a date; 6. Rumors about an individual’s sexual activities; 7. Blowing kisses, catcalls, ogling, leering, whistling, winking, etc.; 8. Sexual gestures with the hand or other body parts; 9. Deliberate bumping, touching, stroking, hugging, kissing, etc.; 10. Exposing oneself; 11. Sabotaging equipment or work material of a person due to his/her gender; Page 10 of 20 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 6 DSOP: 6-029 YEAR: 2012 VERSION: 1 SUBJECT: DISCRIMINATION, HARASSMENT, AND RETALIATION 12. Blocking passage, or other physical interference with normal employment or movement; 13. Unwelcome love letters/notes, gifts, sexual advances, etc.; 14. Sexual invitations, requests, or demands for sexual favors; 15. Threatening or insinuating that an individual’s refusal to provide or submit to sexual favors/advances will adversely affect any aspect of his/her employment. E. LEVELS OF SEXUAL HARASSMENT An individual who is found guilty of committing sexual harassment may also be subject to criminal prosecution and imprisonment, based on the seriousness/level of the offense. Levels of sexual harassment range from 1 to 4: 1. Level 1 Sex role stereotyping is not targeted towards a single individual, but towards an entire group and usually stems from biased thinking or old customs. 2. Level 2 Targeted sexual harassment acts that are intentional towards a specific individual or group. 3. Level 3 The offense resulted in serious mental or psychological negative effect(s) to the employee/applicant. 5. Level 4 Criminal behavior that includes violations of the civil or criminal code such as assault and battery, rape and other sex crimes. F. SUGGESTIVE DISPLAYS OR PUBLICATIONS Displaying, possessing, publicizing, reading, or viewing graphic material, that is prohibited in the workplace include items such as: posters, calendars, graffiti, reading and/or any other type of material, or object that is sexually suggestive, demeaning, revealing or pornographic. In addition, displaying, possessing, publicizing, reading, or viewing any of the following items is also prohibited: Page 11 of 20  MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 6 DSOP: 6-029 YEAR: 2012 VERSION: 1 SUBJECT: DISCRIMINATION, HARASSMENT, AND RETALIATION 1. A picture/photograph that depicts someone who is not fully clothed or someone posing for the obvious purpose of displaying or drawing attention to their body or his/her private parts; 2. Materials purporting to segregate an employee in any area of the workplace due to race, color, sex (to include pregnancy), national origin, religion, age, disability, genetics information, marital status, or sexual orientation. G. RETALIATION Staff are protected against retaliation for exercising their rights to complain, assist, or testify in an investigation/hearing. Retaliation occurs when there is a causal connection between a protected activity and an adverse employment action against an employee who: 1. Is engaged in a legally protected activity, such as filing an EEOC complaint; 2. Has opposed an illegal activity; and/or 3. Has sought redress to his/her complaint regarding discrimination, harassment (sexual harassment), or retaliation. VI. INAPPROPRIATE INMATE/STAFF MISCONDUCT Sexual conduct between staff and inmates is strictly prohibited and staff shall be subject to administrative and/or criminal sanctions, regardless of consensual status. It is incumbent upon each employee to report and initiate the inmate disciplinary process (if applicable) when an inmate’s behavior constitutes harassment. Once an employee has reported and initiated the inmate disciplinary process, the designated employee shall ensure the efficient and timely processing/handling of the incident. The designated employee’s failure to process/handle the complaint/incident in an efficient and timely manner may subject himself/herself and MDCR to litigation for failure to act accordingly. In addition, the employee may be subject to administrative/disciplinary action for his/her negligence. Likewise, an inmate may file a grievance or complaint against an employee who demonstrates inappropriate conduct. Refer to Departmental Standard Operating Procedure (DSOP) 15-001 “Inmate Complaint/Grievance Process” for additional information. Page 12 of 20  MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 6 DSOP: 6-029 YEAR: 2012 VERSION: 1 SUBJECT: DISCRIMINATION, HARASSMENT, AND RETALIATION VII. COMPLAINT REPORTING PROCEDURES Complaints of discrimination, harassment (sexual harassment), or retaliation shall be accepted and investigated, whether they are received in writing, orally, or anonymously. All complaints shall be filed immediately after the alleged incident, or after a supervisor has knowledge of possible prohibited violation(s). Complaints of harassment, subsequent investigations and corrective actions shall be handled confidentially, to the extent possible under the law; specifically, protective measures are instituted to protect complainant. A. RESPONSIBILITY OF A COMPLAINANT An employee is not required to confront an alleged harasser, however, the employee should directly inform the alleged harasser that the conduct is unwelcomed, and must cease immediately. The employee may also notify his/her supervisor or higher level authority of the problem. If the alleged offender is the employee’s supervisor, the employee may report the incident(s) to the MDCR Fair Employment Practices or the SIAB. Complaints filed with the SIAB shall be processed as outlined in DSOP 4- 015, “Complaints, Investigations and Dispositions.” An alleged complainant may exercise his/her right to notify and file a formal complaint at the Department, county, state, or federal level for investigation and resolution of any Title VII offense. 1. Internal reporting entities consist of the: a. Employee’s immediate supervisor or higher level authority; b. MDCR Fair Employment Practices; and c. SIAB. 2. External Reporting Agencies consist of the: a. Miami-Dade Office of Human Rights and Fair Employment Practices; b. Florida Commission on Human Rights – when the alleged discriminatory act occurred within the past 365 days and there is no federal or local agency responsible for accepting alleged complaints of discrimination; and c. EEOC – when the act occurred within 45 days from the date of an alleged harassment. Page 13 of 20 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 6 DSOP: 6-029 YEAR: 2012 VERSION: 1 SUBJECT: DISCRIMINATION, HARASSMENT, AND RETALIATION Staff may seek counseling and/or assistance from the MDCR Mental Health and Medical Services Unit and/or Miami-Dade County Employee Support Services Program. However, the assistance shall not be utilized as part of the complaint procedures and/or investigative process. B. RESPONSIBILITY OF A WITNESS A person who has witnessed discrimination, harassment (sexual harassment) and/or retaliation is encouraged to report the conduct immediately to the internal reporting entities stated in Outline VII, Section A of this policy. C. RESPONSIBILITY OF IMMEDIATE SUPERVISOR/HIGHER LEVEL AUTHORITY A supervisor’s failure to take appropriate action when an alleged discrimination, harassment (sexual harassment), or retaliation is reported to him/her may subject himself/herself and MDCR to litigation. Accordingly, once an employee’s supervisor or higher level authority receives a complaint or becomes aware of a Title VII offense, he/she shall take immediate and appropriate corrective action, considering the seriousness of the behavior. Specifically, upon receipt of a complaint, or knowledge of a Title VII offense, the supervisor/higher level authority shall: 1. Take the report seriously; 2. Listen, use words wisely (not to offend complainant), and sympathize without judgment; 3. Respond to concerns; 4. Prepare a detailed summary of the complaint, and forward the complaint to the Fair Employment Practices Administrator or designated SIAB staff immediately; 5. Follow-up on the complaint, as required. D. RESPONSIBILITY OF FAIR EMPLOYMENT PRACTICES ADMINISTRATOR Upon receipt of a complaint, the Fair Employment Practices Administrator will conduct a preliminary interview(s), within 72 hours, to assess the nature, validity and seriousness of the complaint, and conduct a briefing to update the concerned Facility/Bureau Supervisor, Division Chief and respective Assistant Director of the status. Page 14 of 20 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 6 DSOP: 6-029 YEAR: 2012 VERSION: 1 SUBJECT: DISCRIMINATION, HARASSMENT, AND RETALIATION Based upon the seriousness of an allegation(s), the Fair Employment Practices Administrator may notify the MDCR Legal Unit and/or County Attorney’s Office (CAO) for guidance, the SIAB for investigation, and/or the affected employee’s chain of command for appropriate remedial/corrective action, if necessary. Staff who commit sexual harassment are subject to disciplinary action, up to and including termination. For less serious offenses, the Fair Employment Practices Administrator will document recommendation(s) for respective chain of command and affected employees. E. RESPONSIBILITY OF SECURITY AND INTERNAL AFFAIRS BUREAU STAFF Upon receipt of a complaint, designated SIAB staff shall classify the compliant for investigation. Designated SIAB staff will contact respective outside authority(ies); e.g., State Attorney’s Office (SAO), Miami-Dade Police Department (MDPD) etc., to assume responsibility and conduct the investigation, when: 1. An alleged act of discrimination, harassment (sexual harassment), or retaliation falls under the provisions of Florida Statute 784 titled, “Assault; Battery; Culpable Negligence; or 2. An act of harassment becomes abusive or is of a criminal nature. 3. A determination shall be made concerning whether any personnel action is warranted during the completion or course of the investigation. Findings will be reported to the concerned Facility/Bureau Supervisor. F. OUTSIDE AUTHORITIES Civil and criminal authorities assume primary responsibility when an act of discrimination, harassment (sexual harassment) or retaliation becomes serious abuse or is considered criminal behavior. Even though outside authorities are involved in a case, MDCR is not relieved of its responsibilities, particularly towards the affected employee(s). VIII. CORRECTIVE ACTION The concerned Facility/Bureau Supervisor, with the approval of the concerned Division Chief, Assistant Director, and Director may take any of the following action(s) to ensure an investigation proceeds without conflict between the involved parties: A. Issue written orders to the involved parties to avoid contact with one another pending the completion of the investigation; Page 15 of 20  MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 6 DSOP: 6-029 YEAR: 2012 VERSION: 1 SUBJECT: DISCRIMINATION, HARASSMENT, AND RETALIATION B. Relocate 1 or more of the involved parties to a different assignment to improve the work environment, pending the investigation. The complainant shall not be reassigned unless exigent circumstances exist and approval has been granted by the respective Assistant Director or higher level authority. If the complainant submits an unsolicited request for transfer, it will be considered; C. Have all parties remain in their current assignment pending completion of the investigation, if appropriate; D. Relieve the accused party of duty until the investigation has progressed to where the Facility/Bureau Supervisor or higher level authority may determine the best course of action to take regarding the assignment of the involved parties; E. MDCR will take prompt and appropriate corrective action to eliminate discrimination and harassment (including sexual harassment) or retaliation from the workplace. An employee who is found guilty of harassing, discriminating or retaliating against another employee shall be subject to appropriate sanctions, depending on the employee's record and the totality of the circumstances. These actions may range from counseling up to and including termination. Supervisors with sustained allegations are subject to demotion of at least one rank/grade. Appropriate corrective action determination will be made based on the facts on a case-by-case basis; F. Any act of retaliation or reprisal against an individual, who is an alleged target of discrimination, harassment (sexual harassment) or retaliation, and has made a complaint or has provided evidence in connection with a complaint shall be: 1. Handled as a separate offense, 2. Investigated and corrective action taken. The CAO or SAO will be consulted regarding current policy and case law(s) involving these issues. IX. STAFF RESTRICTIONS Complaints of discrimination, harassment (sexual harassment), and retaliation will be handled in a confidential manner to the extent allowed by law. Accordingly, only designated staff involved in an investigation shall be provided information related to a complaint. Once a complaint is initiated, all participants shall refrain from discussing the complaint; in addition, they shall not: A. Initiate or conduct their independent investigation; Page 16 of 20  MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 6 DSOP: 6-029 YEAR: 2012 VERSION: 1 SUBJECT: DISCRIMINATION, HARASSMENT, AND RETALIATION B. Contact the complainant(s) or the complainant’s witness(es), concerning the allegation(s); C. Disclose/discuss the existence/facts of a complaint with anyone, except designated MDCR authorities conducting the investigation. Nothing in these procedures will be construed to prohibit an employee from discussing any aspect of a complaint with his/her legal counsel or representative of choice. X. PREVENTION MDCR is responsible for the prevention, elimination and correction of behavior, which is discriminatory, harassing (including sexual harassment) and retaliatory in the workplace. It is incumbent upon each supervisor to take active measures for establishing a work environment that is free from discrimination, harassment (sexual harassment), and retaliation. Education and training are critical for compliance of MDCR policy against discrimination, harassment (sexual harassment) and retaliation. A. RESPONSIBILITY OF EACH EMPLOYEE It is the responsibility of each employee/applicant and MDCR to ensure that sexual harassment does not occur. Specifically, employees shall: 1. Abide by this DSOP; 2. Check and monitor their behavior to determine if it could be interpreted as harmful, harassing or contributing to or creating a hostile work environment; 3. Know their personal rights and the complaint procedure; 4. Identify and take individual action to stop inappropriate behavior; 5. Report any discriminating, harassing, or retaliating offense, when it occurs. B. EDUCATIONAL MATERIALS Educational materials, which convey MDCR opposition to discrimination, harassment (sexual harassment) and retaliation in the workplace, will be permanently posted at all designated work areas/facilities/entities. Accordingly, supervisors shall ensure that EEOC and non-discrimination/accessibility posters and notices are posted in key locations, and accessible to employees and the public. Page 17 of 20  MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 6 DSOP: 6-029 YEAR: 2012 VERSION: 1 SUBJECT: DISCRIMINATION, HARASSMENT, AND RETALIATION Supervisors shall discuss this DSOP with all staff under his/her command to ensure the staff understanding of: 1. Not having to endure insulting, degrading, exploitative harassing or discriminatory treatment; 2. His/her right to file complaints about discrimination and harassment (sexual harassment), and retaliation. C. TRAINING All new MDCR staff shall attend a New Employee Orientation. During the orientation, each employee will receive: 1. A DSOP Compact Disc containing all DSOPs; and 2. Appropriate training on discrimination, harassment (sexual harassment) and retaliation. Additionally, staff will receive discrimination, harassment (sexual harassment) and retaliation training in accordance with DSOP 7-001 “Departmental Training.” Training is also provided to employees ‘as needed’. All discrimination, harassment (sexual harassment) and retaliation trainings and oral briefings will be documented and signed by the instructor and attendees. The Training Bureau will maintain a copy of the signed documents. D. RECORDKEEPING Supervisors are encouraged to maintain pertinent documentation that may be used to negate unfounded charges of discrimination when a situation arises; hence, legible, retrievable records on personnel action taken in discipline, counseling, performance evaluations, coaching and commendations shall be maintained. XI. CROSS REFERENCES DSOP 7-001 “Departmental Training” DSOP 15-001 “Inmate Complaint/Grievance Process” XII. RELATED REFERENCES Administrative Order 7-3 “Disciplinary Action” Page 18 of 20 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 6 DSOP: 6-029 YEAR: 2012 VERSION: 1 SUBJECT: DISCRIMINATION, HARASSMENT, AND RETALIATION Administrative Order 7-6 “Personnel Policy on Equal Employment Opportunity” Administrative Order 7-16 “Administration and Delegation of Authority to Discipline” Administrative Order 7-18 “Grievance Procedure” Administrative Order 7-21 “Personnel Policy for Centralized Employment Services” Administrative Order 7-28 “Sexual Harassment” Administrative Order 7-36 “Workplace Violence” Administrative Order 7-37 “Unlawful Harassment” Administrative Order 7-42 “Ethics Awareness Programs” Code of Metropolitan Dade County, Chapter 11A, Discrimination EEOC Compliance Manual 915.003 Florida Statutes: 20.055, 112.011, 112.042, 112.043, 112.044, 112.31895, 448.07, 448.075, 448.102, 448.103, 760.01, 760.02, 760.021, 760.05, 760.06, 760.07, 760.10, 760.11, 760.50, 760.51, 784 and 800.09 Miami-Dade County, Office of Human Rights and Fair Employment Practices – Employment Laws Miami-Dade County Ordinance 98-170 Miami-Dade Procedure Number 413 “Filing Discrimination Complaint” Miami-Dade Procedure Number 414 “Human Rights and Fair Employment Practices” The Age Discrimination in Employment Act of 1967 The Americans with Disabilities Act of 1990, Titles I and V5 The Americans with Disabilities Amendments Act of 2008 The Civil Rights Act of 1991 The Civil Rights Act of 1866 The Equal Pay Act of 1963 Page 19 of 20 MIAMI-DADE CORRECTIONS AND REHABILITATION DEPARTMENT VOLUME: 6 DSOP: 6-029 YEAR: 2012 VERSION: 1 SUBJECT: DISCRIMINATION, HARASSMENT, AND RETALIATION The Pregnancy Discrimination Act of 1978 Title VII of the Civil Rights Act of 1964 U.S. Equal Employment Opportunity Commission, EEOC Office of Legal Counsel – Harassment Policy U.S. Equal Employment Opportunity Commission, Prohibited Employment Policies/Practices XIII. ACCREDITATION STANDARDS ACA 2010 &1-ABC-1C-04 and 1-ABC-1C-05; 2-CO-1C-04, 2-CO-1C-09, 2-CO-1C-11 2010 and 2-CO-1D-02; and 4-ALDF-7E-01 Supplement FCAC 4.02M XIV. REVOCATIONS DSOP 6-019 “Affirmative Action” Any language in a DSOP, Procedural Directive, Standard Operating Procedure, Post Order, and/or written correspondence that conflicts with this policy is hereby revoked. Page 20 of 20 022-031 Memoran durn Date: October 13, 2022 To: All Personnel From: JD Director Miami-Dade Corrections and Rehabilitation Department Subject: Procedural Directive: Revisions to DSOP 4-015 "Complaint and Investigations," DSOP 6-029 "Discrimination, Harassment and Retaliation," DSOP 10-001 "Escape Prevention, Response and Action Plan," DSOP 10-003 "Major Incident Reporting Procedures," DSOP 10-015 "Inmate Work Stoppage Plan," DSOP 10-021 "Major Disturbance, Riots, and Hostage Response Plan," DSOP 11-003 "Incident Report Procedures," DSOP 11-028 "Preservation of a Crime Scene," DSOP 11-041 "Response to Resistance," IP-003 "Inmate Suicide Prevention and Response Plan," IP-004 "Mortality and Morbidity Reviews"- Supplemental Statements from Staff and Inmates After an Incident Effective immediately, the following shall be adhered to regarding supplemental statements from staff and inmates after an incident: A. Only staff directly involved in or witnessing an incident shall complete an Officer/Employee Statement. B. Only inmates directly involved in or witnessing an incident shall complete a SubjecWictim Statement and Inmate/Witness Statement. Other inmate statements are not required, e.g., inmates sleeping, showering, on the phone. Any language in a Departmental Standard Operating Procedure, Procedural Directive, Standard Operating Procedure, Post Order, lesson plan, curriculum, form, and/or written correspondence that conflicts with this policy is hereby revoked. FORMS AND SUPPORTING DOCUMENTS SubjecWictim Statement Inmate/Witness Statement