703 Sexual and Other Unlawful Harassment.pdf

Bonita Springs Fire Control and Rescue District Policy & Procedures Handbook 703 Sexual and Other Unlawful Harassment Effective Date: 7/12/2010 Revision Date: The District is committed to maintaining a work environment free of sexual and other harassment. The District will not tolerate harassment of...

Bonita Springs Fire Control and Rescue District Policy & Procedures Handbook 703 Sexual and Other Unlawful Harassment Effective Date: 7/12/2010 Revision Date: The District is committed to maintaining a work environment free of sexual and other harassment. The District will not tolerate harassment of any of its male or female employees, supervisors, co-workers, vendors, customers, or anyone else. All personnel are responsible for maintaining a workplace that is free of harassment and intimidation. The District is committed to promptly and thoroughly investigate all complaints of harassment within thirty (30) days. If, after a thorough investigation, it is determined that harassment has occurred, immediate and appropriate disciplinary action, up to discharge, will be taken to end the harassment. Appropriate follow-up steps will be taken to ensure that the harassment has stopped. Definitions and examples Unwelcome advances, requests for favors, and any other physical, verbal, or visual conduct of an unwanted nature constitute harassment when: Submission to conduct is an explicit or implicit term or condition of employment or continued employment. Submission to or rejection of the conduct is used as a basis for employment decisions affecting an employee, such as promotion, demotion, or evaluation. The conduct has the purpose or effect of interfering with an employee's work performance or creating an intimidating, hostile, or offensive work environment. Harassment may include, but is not limited to: Unwelcome sexual propositions Sexual Innuendos Sexually suggestive remarks Vulgar or sexually explicit comments, gestures, or conduct Offensive comments, conduct, sexually oriented kidding, teasing, or practical jokes based on gender, race, religion, disability, or other protected characteristics Physical contact such as brushing against another's body, pinching, patting, or other unwanted contact The publication, to any one, of documents (including pictures and text) in the workplace that contain any material that is of an offensive nature based on race, national origin, religion, gender, disability, or other protected characteristics Using the computer to access any web site, news group, CD, floppy disk, or any other resources, that contains material that is of a sexual nature based on any protected characteristic Harassment may occur when the intended target of the conduct is not offended, but others reasonably find the conduct to be intimidating, hostile, or abusive. The prevention of sexual and other harassment in the workplace is every employee's responsibility. . If any person experiences or witnesses harassment in the workplace, they have an obligation to report such conduct to his/ her supervisor. If, after an investigation is conducted, it is determined that sexual or other harassment has occurred, and it is determined that any employee(s) failed to fulfill their obligation Page 92 of 145 Bonita Springs Fire Control and Rescue District Policy & Procedures Handbook to report such conduct, such a failure may be grounds for discipline. In addition to the aforementioned responsibility, supervisors and or the Human Resource Division are also responsible for taking the following steps to prevent sexual harassment, among other steps to be taken: Assure that all subordinates and new hires have received a copy of the District's Harassment Policy and have verified the receipt of the policy. Discuss the Harassment Policy with employees and assure that all of them are aware that they will work in an environment free of harassment. Assure employees that they are not required to endure degrading, denigrating, or hostile treatment. Inform all employees of the sexual harassment complaint process, including employees' right to bypass an offending staff member. Immediately report any complaints, observations, or concerns of unlawful harassment. When receiving a complaint of sexual harassment, supervisors should instruct the complaining Employee that anything they say may be reported to the investigating officials. Complaint and Investigation Procedures for Harassment Initial Complaint Any employee who believes he/she has been the subject of sexual or other harassment must report the alleged act immediately to his/her supervisor, or one of the individuals designated to receive such complaints. Employees must complete a Harassment Complaint Form. If a complaint involves a supervisor or one of the designated individuals, the complaint shall be filed directly with the Fire Chief. If the complaint involves the Fire Chief, it shall be reported to the Commission Chairperson. Employees are not expected to report harassment to the person they believe is harassing them. Confidentiality and Timeliness All complaints will be handled in a timely and confidential manner consistent with Public Records Laws and the Sunshine Laws. Anyone involved in a complaint will be instructed not to discuss the subject outside the investigation. Personnel violating confidentiality are subject to immediate discipline. Communications will be made to others only on a "need to know" basis. The purpose of this provision is to protect the confidentiality of the Employee who files the complaint, to encourage the reporting of any incidents of sexual harassment, and to protect the reputation of any employee wrongfully charged with sexual harassment. All investigations will be completed within thirty (30) days. Nature of Investigation Investigation of a complaint will normally include conferring with parties involved and any named or apparent witnesses. All persons who participate in such an investigation shall be protected from coercion, intimidation, retaliation, interference, or discrimination for filing a complaint or participating in an investigation. Page 93 of 145 Bonita Springs Fire Control and Rescue District Policy & Procedures Handbook Conclusion of Investigation Employees shall be given an impartial and fair determination. If, after a thorough investigation, it is determined that sexual or other harassment has occurred, immediate and appropriate disciplinary action up to and including discharge will be taken to end the harassment. Appropriate follow-up steps will be taken to ensure that the harassment has stopped. Page 94 of 145