Apopka Police Department Harassment and Hostile Workplace PDF

APOPKA POLICE DEPARTMENT PROCEDURAL GENERAL ORDERS Effective Date 06-03-20 Subject HARASMENT AND HOSTILE WORKPLACE Reference Title VII of the Civil Rights Act Reevaluation As Necessary Number 8284.00 New ❑ Rescinds ❑ Amends 01-01-17 Reviewer/Approved by McKinley Application All Employees Related For...

APOPKA POLICE DEPARTMENT PROCEDURAL GENERAL ORDERS Effective Date 06-03-20 Subject HARASMENT AND HOSTILE WORKPLACE Reference Title VII of the Civil Rights Act Reevaluation As Necessary Number 8284.00 New ❑ Rescinds ❑ Amends 01-01-17 Reviewer/Approved by McKinley Application All Employees Related Forms / Bulletins PURPOSE: To affirm the department’s commitment to provide a professional work environment free of sexual and other forms of unlawful harassment or discrimination; to promote equal opportunity for all members; to provide procedures for reporting, investigating and resolving complaints of harassment in the workplace. DISCUSSION: The continued success of the department and the city is dependent upon the effectiveness of its members. It is the long-standing policy of the department and the city to treat all members with respect and courtesy. The department and the city expect all members to treat all people equally, with respect, and with courtesy. It is the policy of the City of Apopka and the Apopka Police Department to not condone or tolerate conditions which are discriminatory, violent, harassing, sexual, or otherwise hostile and unwelcome and to provide a work environment free of sexual and other forms of unlawful harassment and discrimination. POLICY / PROCEDURE: I. Definitions: A. Bona Fide Occupational Qualification (BFOQ) – a personnel requirement for a position which is reasonably necessary to the efficient operation of the department. Harassment and Hostile Workplace Page 1 of 6 B. Harassment: An act based on prejudice. C. Explicit: Fully and clearly expressed; leaving nothing implied. D. Discrimination: Conduct that has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment. (i.e. slurs, derogatory statements, jokes or comments.) E. Implicit: Implied or understood though not directly expressed. F. Sexual Harassment: Unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature, constitute sexual harassment when: 1. Submission to such conduct is made either explicitly or implicitly as a term or condition of an individual’s employment; 2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or 3. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment. G. Spurious: Lacking authenticity or validity in essence or origin; not genuine or real; false. II. Category Descriptions: A. Unlawful Harassment: Sexual and other forms of harassment in the workplace is a form of unlawful discrimination prohibited by Title VII of the Civil Rights Act. Such unlawful harassment and discrimination is prohibited when: 1. Submission to such conduct is made, either explicitly or implicitly, as a term or condition of an individual's employment; or 2. Submission to, or rejection of, such conduct by an individual is used as the basis for employment decisions affecting such individual; or 3. Such conduct interferes with an individual's work performance and/or creates an intimidating, hostile, or offensive working environment. Harassment and Hostile Workplace Page 2 of 6 B. Equal Opportunity: An equal opportunity complaint is one where the member has been adversely impacted by a practice, decision and/or hostile work environment because of race, religion, sex, color, national origin, ancestry, age, disability, marital, or veteran status. C. Hostile Work Environment: An environment in which members are explicitly or implicitly, directly or indirectly ridiculed, mocked, belittled or intimidated. III. General Procedures: A. Culpability: 1. All department members, appointees, vendors, or agents of the department are liable for violating the Equal Opportunity and Harassment Policies. Violators will be subject to disciplinary action up to, and including, termination if they: a. Act as an offender by harassing, discriminating or violating the equal opportunity rights of other members. b. Witness or become a victim of any equal opportunity violation, harassment, or discriminatory conduct and fail to report it. c. Permit members under their supervision to engage in such practices. d. 2. B. Retaliate against another member who has reported such conduct. Participants in the actions described above fall into three categories: a. The offender(s), b. The target or victim, c. The observer or witness. Assignments: 1. In some instances, the accomplishments of various law enforcement goals will necessitate assignments of members based on gender, race, color, religion, national origin, ancestry, disability, age, marital or veteran status. 2. For example, a female member may be required to search a female prisoner or a member of a certain race or religion may be needed to infiltrate a criminal group. Harassment and Hostile Workplace Page 3 of 6 3. Nothing in this Order will prohibit assignments based on these criteria when it is done for the purpose of attaining organizational goals and objectives, and is in accordance with EEOC Title VII Bona fide Occupational Qualification restrictions. C. Confidentiality of Complaints: To encourage the reporting of any incidents of harassment, and to protect the reputation of a member who might wrongfully be accused of unlawful harassment and/or discrimination, information concerning a complaint of harassment will remain confidential pursuant to the provisions of Section 112.533(4), Florida Statutes. Information will not be released or discussed with anyone except Professional Standards, counsel, or the representative of the accused member. D. Sustained Complaints: If the investigation reveals that the complaint is sustained, prompt measures will be taken to impose discipline and prevent its recurrence. E. Retaliation: There will be no retaliation against any member for filing a harassment and/or discrimination complaint, or assisting, testifying, or participating in the investigation of such complaint. Any subsequent conduct by members toward any affected party, which is negative and retaliatory, should be reported for investigation and an appropriate response. F. False Claims: While every effort will be made to investigate and resolve complaints lodged in good faith by members, the department prohibits claims that a member knows are false, spurious, or made with the intent to take revenge against or otherwise harm a fellow member. Members, who make such accusations, knowing that they are not justified by the facts, are subject to disciplinary action up to, and including, termination. IV. Member Responsibility: A. Preventing Sexual and Other Forms of Unlawful Harassment and Discrimination: All members are urged to be proactive in ensuring that the work place provides equal opportunity for all, and that members are free from sexual and other forms of unlawful harassment and any type of discrimination. B. Prevention includes: Harassment and Hostile Workplace Page 4 of 6 1. Immediately addressing problems that appear to limit opportunities for members and potential members because of discriminatory criteria not based on knowledge, skills or abilities of workers. 2. Clearly expressing your feelings regarding any harassing and/or discriminatory behaviors. 3. Expressing disapproval and asking the offender to cease and desist. 4. Encouraging any member who confides that they are being unlawfully harassed, or discriminated against to report these acts to a supervisor. 5. Keeping a record of time, place and specific details about each incident you are subjected to or witness. C. Procedure for Reporting Complaints: 1. In order for the department or city to promptly investigate allegations, all complaints should be filed within thirty (30) calendar days of the alleged incident of discrimination or harassment. 2. Members are encouraged to report any form of harassment in the workplace, regardless of source, and should be prepared to complete, but are not required to, a department complaint form and provide the following: a. Name, Department, and position of person filing the complaint. b. Identification of the person(s) committing the discrimination/ harassment, department and title(s), if known. c. The specific nature of the discrimination/ harassment, how long it has gone on, any employment action (demotion, dismissal, refusal to hire, transfer, etc.) taken as a result of the harassing and discriminating behavior. d. Names of witnesses to the act of discrimination and harassment, if any 3. The complainant will provide this form and information to the complainant’s immediate supervisor. a. If the offending party is in the complainant’s chain of command, the member may report directly to any of the following: Harassment and Hostile Workplace Page 5 of 6 I. II. III. D. The police chief. The human resources director. The city administrator. All complaints, regardless of source, will be investigated pursuant to the department’s complaint, professional standards and discipline policies. V. Supervisor's Responsibilities: A. Work Place: 1. It will be the responsibility of each supervisor to maintain his work place free of harassment and/or discrimination. 2. This duty includes counseling all members on the types of behavior prohibited and the department’s procedures for reporting and resolving complaints of harassment and discrimination. B. Observed Acts: Supervisors are responsible for stopping any observed acts that may be considered harassment or discrimination and taking the appropriate steps to intervene, regardless of whether the involved members are within the supervisor’s span of control. C. Limiting Contact: Supervisors will take immediate action to limit the work contact between two members where there has been a complaint of harassment and/or discrimination and an investigation is pending. D. Duty to Report: 1. Supervisor’s learning of an incident of harassment or discrimination have a duty to report it. 2. Failure to take action to stop known harassment shall be grounds for discipline up to, and including, termination from the department. 3. To ensure action is taken, the supervisor will report the incident, in writing, directly to the police chief. By Order of: Michael McKinley, Police Chief Harassment and Hostile Workplace Page 6 of 6