Bk090 - Discrimination-Prevention-Policy-Handbook.pdf

Discrimination Prevention Policy Handbook 1 Discrimination Prevention Policy Handbook LAFD Discrimination Prevention Policy Handbook Introduction How to use this Handbook This Handbook is provid...

Discrimination Prevention Policy Handbook 1 Discrimination Prevention Policy Handbook LAFD Discrimination Prevention Policy Handbook Introduction How to use this Handbook This Handbook is provided for your use as a ready reference and a summary of the Fire Department’s policies, complaint procedures, and guidelines for maintaining a discrimination free workplace. It is designed to acquaint you with information that is relevant to all employees of the Department. You will find that it is to your advantage to read all the information in the Handbook so that you have a complete understanding of the material covered. There are four parts to the Handbook, as follows: 1. LAFD Discrimination Prevention Policy and Complaint Procedures 2. LAFD Sexual Harassment Prevention Policy and Complaint Procedures 3. LAFD Disability and Reasonable Accommodation Policy and Accommodation Request Procedures 4. Appendices It is important that all employees read, understand, and follow the provisions of the Handbook. This Handbook only highlights Department policies, practices, procedures, and benefits you professionally. It should not be construed as a contract or legal document. The Board of Fire Commissioners reserves the right to amend, supplement, or rescind any provisions of this Handbook, as it deems necessary. As revisions are made, updates will be distributed through the Department's routine distribution methods. LAFD Discrimination Prevention Policy and Complaint Procedures I. Discrimination Prevention Policy A. Policy Statement The Department maintains a zero tolerance policy toward discrimination, harassment and retaliation, which means that LAFD may take corrective actions up to and including termination when policy violations occur. The LAFD is dedicated to ensuring the fulfillment of this policy in all aspects of employment. Every employee in the Department is responsible for ensuring that the workplace is free of discrimination, harassment, and retaliation, and is expected to avoid any behavior or conduct that could be interpreted as such. LAFD will strictly enforce this policy because all forms of discrimination based on any of the protected classes are illegal, unprofessional and disrespectful. The Fire Department is committed to providing a work environment in which all individuals are treated with respect and professionalism. It is the policy of this Department to provide equal employment opportunities to all employees and applicants on the basis of merit and to prevent discrimination, harassment, and retaliation in the workplace. In line with this policy, one of our core values states that “we always treat others as they desire to be treated”. Thus, every Department uniformed and civilian member are to treat one another in ways that mirror the respect we expect for ourselves. Discrimination and harassment have an impact on our ability to carry out our LAFD Vision Statement by negatively effecting our reputation. Consequently, each uniformed and civilian member is expected to monitor your own behavior and refrain from any action that will have a negative impact on others. Managers and supervisors are expected to perform their duties in a manner that fosters a professional and discrimination-free workplace and will be held accountable for maintaining such an environment. In keeping with this commitment, the Department complies with all local, state and federal laws that give employees the right to work in an environment free from discrimination. Department policies and personnel practices which include, but are not limited to, recruitment, selection, advancements, work assignments, compensation, benefits, Discrimination Prevention Policy Handbook 2 training, discipline and terminations have been and will continue to be established and administered without regard to race, color, national origin, ancestry, sex, sexual orientation, age, religion, creed, marital status, disability, medical condition, including having or being perceived as having AIDS or the HIV virus, or retaliation for engaging in any protected activity. Furthermore, the Department forbids harassment against any individual based upon his or her membership in a protected class and further forbids retaliation against anyone who opposes or reports discrimination or harassment or who participates in any such investigation or proceeding. A complaint of retaliation may be filed and investigated even if the original allegations were unfounded. The Fire Department recognizes that all employees have the right to a workplace free from discrimination, harassment and retaliation. Any questions concerning this policy should be directed to the Fire Commission Office at (213) 978-3837. B. Definitions Discrimination Discrimination is treating an individual differently in any employment practice or decision which intentionally or unintentionally results in unequal treatment on the basis of the individual’s membership in a protected class, including: Race Color Religion National Origin Sex (including sexual harassment and gender identity or expression, which includes actual or perceived transgender status) Age Disability Marital Status Sexual Orientation Creed Ancestry Medical condition HIV/AIDS – acquired or perceived Note It is important to note that treatment that may be perceived as “unfair” may not necessarily be unlawful or a violation of the Department’s non-discrimination policies. Certain employment actions may be harsh, insensitive or unjust, but they do not become unlawful under the above laws or violate the Department’s policies unless the unfair treatment is motivated in part because of a person’s protected status. Discriminatory practices include, but are not limited to: Harassment on the basis of membership in a protected class; Retaliation against an individual for filing a charge of discrimination, participating in an investigation, or opposing discriminatory practices; Employment decisions based on stereotypes or assumptions about the abilities, traits, or performance of individuals of a certain sex, race, age, religion, or ethnic group, or individuals with disabilities; and Denying employment opportunities to a person because of marriage to, or association with, an individual of a particular race, religion, national origin, or an individual with a disability. Examples of Discrimination Discrimination Prevention Policy Handbook 3 While it is not possible to list all circumstances that may be considered to be discrimination or harassment, some examples of conduct that may violate the Department’s Discrimination Free Workplace Policy include, but are not limited to, the following: Making derogatory comments, slurs, jokes, remarks, rumors, or epithets; Displaying objects, cartoons, pictures or posters of a derogatory or discriminatory nature; Hazing of employees; Implying or actually withholding support for appointment, promotion, transfer, or change of assignment; initiating a rejection during probation or adverse action without a justified non-discriminatory business related reason; Displaying, transmitting, or forwarding Internet material of a discriminatory and/or offensive nature; Engaging in reprisals or threats against anyone who opposes discriminatory, harassing or offensive behavior. Harassment Harassment based upon membership in a protected class is a form of discrimination and is unlawful. It is generally defined as unsolicited and/or unwelcome verbal or physical conduct directed to an individual based on membership in a protected class when: 1. Submission to such conduct is explicitly or implicitly made a term or condition of employment; 2. Submission to or rejection of this conduct is used as a basis for an employment decision affecting the employee; or 3. Such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment. Hostile Environment Some forms of harassment may create a hostile environment in the workplace. A hostile environment is a work atmosphere contaminated by a pattern of offensive and unwelcome conduct directed at an individual’s protected class status. A hostile environment is conduct of a verbal or physical nature that is sufficiently severe or pervasive so as to have the purpose or effect of unreasonably interfering with work performance or creating an intimidating, hostile, or offensive working environment. Anyone in the workplace might commit this type of harassment – an elected official, management employee, co-worker, or non-employee, such as a contractor, vendor or guest. The victim can be anyone affected by the conduct, not just the individual at whom the offensive conduct is directed. Examples of actions that may create hostile environment based on sexual harassment include, but are not limited to: Leering, i.e., staring in a sexually suggestive manner Making offensive remarks about looks, clothing, body parts Touching in a way that may make an employee feel uncomfortable, such as patting, pinching or brushing against another’s body Telling sexual or lewd jokes, hanging sexual posters, making sexual gestures, etc. Sending, forwarding or soliciting sexually suggestive letters, notes, emails, or images Other actions, which may result in hostile environment harassment include, but are not limited to: Use of racially derogatory words, phrases, epithets Demonstrations of a racial or ethnic nature such as a use of gestures, pictures or drawings which would offend a particular racial or ethnic group Comments about an individual’s skin color or other racial/ethnic characteristics Making disparaging remarks about an individual’s gender that are not sexual in nature Negative comments about a person’s religious beliefs (or lack of religious beliefs) Expressing negative stereotypes regarding someone’s birthplace or ancestry Negative comments regarding an individual’s age when referring to people 40 and over Derogatory or intimidating references to a person’s mental or physical impairment Discrimination Prevention Policy Handbook 4 In summary, illegal harassment that creates a hostile work environment generally requires several elements, including: 1. The complaining party must be a member of a protected class; 2. S/he was subjected to unwelcome verbal or physical conduct related to his or her membership in that protected class; 3. The unwelcome conduct complained of was based on his or her membership in that protected class 4. The unwelcome conduct affected a term or condition of employment and/or had the purpose or effect of unreasonably interfering with his or her work performance and/or creating an intimidating, hostile or offensive work environment. It should be noted that anti-discrimination statutes are not a general civility code. Thus, discrimination laws do not prohibit simple teasing, offhand comments, or isolated incidents that are not extremely serious. Rather, the conduct must be so objectively offensive as to alter the conditions of the individual’s employment. The conditions of employment are altered only if the harassment culminates in a significant change in employment status or are sufficiently severe or pervasive to create a hostile work environment as defined above. Consequently, a situation, in which a supervisor or coworker is being abrasive, aggressive or rude thus affecting workplace morale, may not meet the definition of hostile environment if all the elements listed above are not met. However, this does not mean this behavior should be ignored. Although boorish behavior is not likely to support a hostile environment harassment claim, this conduct may result in Department or personal liability for other workplace or employment claims. Therefore, it is important to eliminate the climate of fear and intimidation from the work environment by supporting professional conduct. It should also be noted that supervisors and managers are responsible for making personnel decisions in accordance with City personnel policies and procedures. These decisions include: selection of new employees; assignment of work and training opportunities; evaluation of work performance; and management of informal and formal discipline. Thus, implementing a personnel decision based on objective, job related criteria in accordance with City policy and procedure does not constitute harassment or hostile work environment. Retaliation Retaliation is an adverse employment action taken as a result of an employee participating in a protected activity. The Department prohibits retaliation against anyone or reporting discriminatory activity or harassment, assisting in making a discrimination complaint, or cooperating in an investigation. Some examples of conduct, which may violate the Department’s retaliation policy include, but are not limited to the following: Termination, demotion, disadvantageous transfers or assignments, failure to promote, threats, reprimands, negative evaluations; Co-worker hostility or retaliatory harassment, to include intimidation, gossip, rumors, insults, or otherwise offensive conduct that would subject a person to public ridicule or humiliation; Any action or combination of actions that is reasonably likely to materially and adversely affect an employee’s job performance or opportunity for advancement; Other actions affecting employment such as threats, unjustified negative evaluations, unjustified negative references, or increased supervision; Any other action that is likely to deter reasonable people from pursuing their rights such as an assault or unfounded civil or criminal charges. Adverse actions do not include negative comments in an otherwise positive or neutral evaluation or negative comments that are justified by an employee’s poor work performance or employment history. Employees are not excused from continuing to perform their jobs to standard or follow legitimate workplace rules just because they Discrimination Prevention Policy Handbook 5 have filed a complaint or opposed discrimination. Anyone experiencing or witnessing conduct they believe to be retaliation should immediately follow the complaint procedures described in this Handbook. Complaints of retaliation will be promptly investigated. If retaliation is substantiated, appropriate disciplinary action, up to and including possible dismissal, will be taken. Hazing Background Hazing is a form of harassment and is a violation of City Policy. Thus, acts of hazing are inappropriate behavior and not acceptable in the workplace. In keeping with the Department’s Discrimination Prevention Policy, LAFD is committed to enforcing a policy of zero tolerance for any acts of hazing. This means LAFD may take corrective actions up to and including termination when violations occur. Hazing is not acceptable professional behavior. Tradition or payback can no longer shield the Department from responsibility for this type of conduct. It is important for all LAFD employees to comply with this policy, as it is a matter of essential risk management as well as simple decency and respect for each other. Hazing, whether physical, psychological or verbal, on the basis of race, ethnicity, gender, religion, sexual orientation, accent, age, language, or any other legislatively or judicially prohibited grounds, can cause severe legal consequences, including significant monetary liability for the creation of a hostile work environment. Therefore, all employees and supervisors are responsible for taking measures in accordance with the policies and procedures of this Handbook to prevent hazing in the workplace. Definition Hazing activities are defined as any action taken or situation created in the workplace, which causes or is likely to cause bodily danger, physical harm, or personal degradation or disgrace resulting in physical or mental harm to another employee. Hazing includes but is not limited to any form of rite of passage, horseplay, or initiation that involves: engaging in illegal, harmful, demeaning or dangerous acts that are not consistent with City policy and the performance of job-related activities. Hazing consists of a broad range of behaviors or activities that demonstrate disregard for another person’s dignity or well being, or that may place another person in danger of physical or psychological harm. Even when demeaning or embarrassing behaviors do not appear overtly harmful in themselves, as where the participants appear to engage in them willingly, they may constitute hazing if they might cause humiliation or are perceived by non-participants as demeaning or degrading. Hazing also includes soliciting, directing, aiding, or otherwise participating actively or passively in activities such as those described below. Hazing Activities The determination of whether a particular activity constitutes hazing will depend on the circumstances and context in which that activity occurs. Some examples of conduct that may constitute hazing, when used to mistreat, cause physical discomfort, intimidate, ridicule, frustrate, confuse, embarrass, cause undue stress or humiliate the participant, include but are not limited to the following: Creation of excessive fatigue; Forced, unnecessary exertions; Engaging in public stunts or buffoonery; Denial of food; Degrading or humiliating games and activities; Inappropriate application of substances to the body of another; Any type of physical activity such as sleep deprivation, exposure to the elements, confinement in a small space, or other activity that creates or results in an unreasonable risk of harm or that adversely affects the mental or physical health or safety of an individual; Discrimination Prevention Policy Handbook 6 Wearing publicly any apparel which is conspicuous and not normally in good taste; Acts of mental and physical abuse, including but not limited to: paddling, slapping, kicking, pushing, yelling, biting, duck-walking, gauntlets, belittling, excessive exercise, beating or physical abuse of any kind; Forced consumption of any food or beverage that contributes to or causes physical injury, mental harm or personal degradation; Encouraging or forcing use of alcohol, drugs, tobacco, or cigars; Stroking or physically touching in an indecent or inappropriate manner; Aiding or abetting theft, fraud, embezzlement of funds, destruction of public, personal or private property; Being required to wear odd or look-alike apparel that contributes to or causes physical injury, mental harm or personal degradation; Personal services that contribute to or cause physical injury, mental harm or personal degradation; Requiring that a person do or submit to any act that will alter his or her physical appearance in any significant degree for any substantial period of time (e.g., forcibly removing clothing; branding; tattooing; using makeup, paint, or markers on a person; or shaving the head or body); Requiring activities that disrupt a person’s normal schedule. A normal schedule includes three reasonably spaced meals per day, the opportunity for sufficient rest at night, time required for study outside of scheduled work, and reasonable time for personal hygiene; Requiring a person to engage in physical activity of unusual kind or duration, such as: calisthenics, overly difficult work assignments, activities that may be excessive for a person with physical disabilities, activities that require a person to remain in a fixed position for an extended period of time, be naked, or confining a person in a room that is too hot or too cold, too noisy, or too small; Hitting or pretending to hit an individual; Performing acts that are or seem to be dangerous; Eating spoiled foods, raw onions, or anything a reasonable person would not eat; Tying a person to a chair, pole, anchor, tree, or any other object or to another person; Causing fatigue through physical or psychological shock; Pushing, shoving, tackling, or any other physical abuse not associated with work related activities; Throwing anything (food, garbage, water, paint, etc.) at a person or a group of people; Exposing oneself indecently or appearing nude or in a way that is considered by a reasonable person to be offensive; Verbally addressing probationary members in a demeaning manner; Misleading probationary members in an effort to convince them that they will not pass probation or that they will be hurt during probation; Defacing personal or public property; Stealing any personal or public property; Assigning or endorsing pranks; Intentionally trashing or soiling any area for the purpose of annoying others or for having others clean the trashed area; Never socializing with or ostracizing employee(s)/probationer(s); Silence periods; Requiring certain employees/probationers to carry items around at all times when others are not required to do so; Deprivation of privileges, such as not allowed to wear baseball caps and sunglasses, read the newspaper, drink coffee, or exercise choice in study time; Verbal harassments; Requiring a person to pretend to actually violate a law; Booing, hissing, or demeaning individuals when they make mistakes; Interrogating individuals in an intimidating or threatening manner; Discrimination Prevention Policy Handbook 7 Deceiving new members in an attempt to convince them that they will not be retained if they do not acquiesce; Forcing a person to publicly wear apparel that is abnormal and not normally in good taste or that causes discomfort; Requiring a person to appear nude at any time; Sleep deprivation; Deprivation of study time; Calling people “puke” or “maggot” or any other demeaning name; Disallowing members to speak; Directing employees to wear more or less clothing than the temperature or weather indicates; Performing physical exercises (sit-ups, push-ups, runs, etc.) or drills to cause excessive fatigue or injury; Conducting activities that do not allow adequate time for study and/or training; Requiring a person to perform acts of servitude or perform personal errands for others under the threat of negative repercussions; and Any similar activities that violate City, federal, or state laws. Explanation of Hazing It is important to understand why hazing activities are not acceptable in the workplace: Hazing is a societal problem. Hazing incidents have been frequently documented in the military, athletic teams, fraternities and sororities, marching bands, religious cults, professional societies and other types of clubs and/or organizations. Reports of hazing in high school are also on the rise. Thus, hazing is not an isolated problem. Hazing is an act of power and control over others. It is premeditated victimization and NOT accidental. Hazing is abusive, degrading and often life-threatening. Acts of hazing are not just foolish pranks that sometimes go wrong. Even if there is no malicious “intent” safety may still be a factor in traditional activities that are considered to be “all in good fun.” Serious accidents have occurred during hazing incidents. Acts of hazing do not promote the growth and development of work units. Hazing is not acceptable even if there is no malicious intent. Hazing is not an effective way to teach respect and develop discipline. Respect must be earned, not taught. Victims of hazing rarely have respect for those who have hazed them. Just like other forms of victimization, hazing breeds mistrust, apathy, and alienation. Consent of the victim cannot be used as a defense. Even if someone agrees to participate in a potentially hazardous action, it may not be true consent when considering the pressure and desire to belong to the group. If someone agrees to participate, it may still be considered hazing. It is not difficult to decide if an activity is hazing if common sense is used and the following questions are considered: Is Acohol involved? Would anyone in the work unit refuse to participate? Does the activity risk emotional or physical abuse? Is there a risk of injury or a question of safety? Would you have reservations describing this activity to the Fire Chief, Mayor, City Council, your family, supervisors, or management staff? Would you object to the activity being photographed or reported by the media? Hazing is a violation of City and Department policy. Discrimination Prevention Policy Handbook 8 Complaint Processing Anyone experiencing or witnessing conduct they believe to be hazing should immediately follow the complaint procedures described in this Handbook. Complaints of hazing will be promptly investigated. If hazing is substantiated employees who engage in such acts, and supervisors who knowingly fail to act to prohibit or prevent them, will receive disciplinary sanction, up to and including termination in accordance with applicable Civil Service and personnel rules. C. General Complaint Procedure An employee who believes he or she has been discriminated against or harassed by a co-worker, supervisor, or agent of the Fire Department is strongly encouraged to promptly report the incident or incidents as well as the names of the individuals involved to his or her supervisor or utilize other resources as described in this Handbook. Supervisors should immediately report any incidents of discrimination or harassment. Supervisors may also consult with the Fire Commission office for additional information at (213) 978-3837. Should an investigation be warranted, Professional Standards Division (PSD) will serve as the Department’s investigative body for all such claims and shall make recommendations to the Fire Chief if disciplinary action is necessary. The main phone number for PSD is (213) 473-7714. At a minimum, when an employee complains about discrimination or harassment, the Department, through its supervisory personnel, will: 1. Fully inform the employee of his or her right to complain and request redress for the discrimination or harassment; and, inform the employee of his or her right to utilize any of the various avenues available for filing a complaint, both within and outside of the Department; 2. Promptly conduct a thorough, objective, and complete investigation of the alleged discrimination or harassment. The Department will make a determination about whether any inappropriate conduct occurred; and 3. Take prompt and effective remedial action if discrimination or harassment has occurred. The action shall be commensurate with the severity of the offense and the act that action was taken will be conveyed to the complainant. II. RESPONSIBILITIES AND CONSEQUENCES A. Officers, Managers and Supervisors RESPONSIBILITIES All Officers and Managers are responsible for ensuring that their commands are free of discrimination and retaliation by scheduling appropriate training and guidance. Officers and Managers shall ensure that supervisors assigned to their commands strictly and promptly enforce the policy of this Department regarding a discrimination free workplace. Officers and Managers are also responsible to take prompt action to stop any form of retaliation. An Officer and Manager shall ensure that each employee in his/her command is familiar with the contents of this Handbook. (The Appendices provide additional information to assist officers, managers and supervisors in carrying out their responsibilities.) Officers, Managers and Supervisors may create liability (against LAFD, themselves, or both) for acts of discriminatory and harassing conduct between employees in the workplace, if the officers, managers and supervisors know or should have known of the conduct, unless they can show that they took timely and appropriate corrective action. Ignorance of discriminatory activity is not an acceptable defense for inaction of an officer or manager if, through reasonable care, they should have been aware of the conduct. Officers, Managers and Supervisors may create liability for discriminatory or harassing acts by non-employees where the officers, managers and supervisors know or should have known of the conduct and fail to take timely and appropriate corrective action. Discrimination Prevention Policy Handbook 9 Officers, Managers and Supervisors who become aware of discriminatory conduct have the obligation to immediately report the harassment in accordance with the procedures described in this Handbook, even if the occurrence is not directly within their line of supervision or responsibility. Officers, Managers and Supervisors who engage in harassing or retaliatory conduct may be held personally liable for such conduct. Officers, managers, supervisors, or employees who engage in discrimination, harassment or retaliation are subject to discipline, up to and including termination of employment. Officers, Managers and Supervisors must: Provide a discrimination-free work environment, and take proactive steps to communicate to subordinates that discrimination and harassment in the workplace are not tolerated; Ensure that all of their subordinate employees are informed of the Department’s policy against discrimination and harassment and its discrimination complaint process; Ensure that their subordinate employees are not discouraged from filing complaints (formal or informal) so that complaints may be investigated in a thorough manner; Set an example by their own behavior and let others know that they support the Department’s policy and will take appropriate corrective action if discrimination occurs; Ensure that all employees attend scheduled training to make them aware of (1) conduct that is discriminatory, and (2) the consequences of such conduct; Immediately report all discrimination complaints in accordance with the procedures established in this handbook even if the complainant does not want you to proceed; Take all complaints seriously. Do not shrug off or minimize the complaint, or otherwise discourage employees from filing complaints; Monitor the workplace to identify subtle discriminatory conduct; Promptly take appropriate action to remedy a discriminatory situation in a manner that will protect the complainant, the accused, and other employees, and to prevent further discriminatory acts or harassment from occurring; Protect the employee(s) complaining of discrimination from any form of reprisal or retaliation; Ensure that all personnel under their command receive all mandated training and regular refresher training on preventing discrimination in the workplace; Ensure personal privacy for everyone assigned to their command to minimize the potential for situations that could lead to sexual harassment or discrimination; Discourage retaliation and take all reasonable steps to prevent it, as they would with harassment and discrimination. Recent court rulings have continued to expand liability for retaliation claims filed by current and former employees. CONSEQUENCES Officers, Managers and Supervisors who become aware of the discrimination, harassment or retaliation and do not take immediate and appropriate corrective action will be held accountable. Failure to adhere to the above responsibilities will result in appropriate corrective disciplinary action, up to and including dismissal from City service, regardless of job level or classification. Supervisors and Managers may incur personal liability if found to be engaged in discriminatory behavior and could be required to provide for the cost of their own defense. Discrimination Prevention Policy Handbook 10 B. Employee RESPONSIBILITIES Employees must NOT engage in any discriminatory activities while at work. Every employee is entitled to work in an environment free from discrimination, harassment or retaliation. An employee who believes that he or she has been subjected to derogatory comments, inappropriate gestures, or actions of a sexual nature by another employee or supervisor is encouraged to communicate to that person that such behavior is offensive or unwelcome. While confronting the alleged harasser is not always possible, the employee should communicate this information to someone who can. Additionally, employees who become aware of conduct that they believe is discrimination or harassment, even if it is not directed toward them, should report the conduct to a supervisor immediately. According to California law, non-management employees may be held personally liable for harassing a co-worker. This law is applicable not only to sexual harassment, but to any form of harassment based on discrimination covered by the State’s Fair Employment and Housing Act. If a non-supervisory employee receives information about alleged discrimination or sexual harassment in confidence from another peer-level employee, he or she is encouraged but is not required to disclose that information to a supervisor. He or she should support and encourage the employee to address his or her concerns through the various resources available, but a “confidante” is not required to report the alleged discrimination or harassment. (Note: Supervisory-level employees cannot act as confidantes, as they are bound by their responsibility to take prompt and appropriate action.) If employees believe they have been discriminated against or harassed, they may file a complaint with any of the agencies or officers listed in this Handbook. It is the employee’s responsibility to contact the agency to determine its filing requirements. Most agencies allow up to a one-year filing period from the date of the most recent alleged harassment. However, some do have shorter filing deadlines. NOTE All Employees are assured that they may make such reports without fear of retaliation by the City, Department Management, or their immediate Supervisor. CONSEQUENCES An employee found to have engaged in discrimination, harassment, or retaliation will face formal action up to and including dismissal, regardless of job level or classification. Employees do not necessarily need to violate State or federal discrimination laws, regulations, rules, guidelines, or executive orders to be in violation of the Department’s policy. All employees will be held accountable for their conduct, and any employee who fails to adhere to the Department’s policies will be subject to investigation. If it is determined through the investigation process that a violation of the Department’s policy has occurred, the Department will take timely and appropriate action up to and including dismissal. Discrimination Prevention Policy Handbook 11 III. FILING A DISCRIMINATION COMPLAINT A. Introduction Any employee, who believes his or her rights under federal or state law or City policy have been violated, may file an informal or formal discrimination complaint. All complaints filed with LAFD will be handled in an impartial manner in compliance with federal, state and local laws and departmental policy. It is important to note the difference between formal and informal complaints. An informal complaint usually involves behavior that is not severe or pervasive; or when a complainant is seeking clarification or counseling. In these situations, the complainant wants inappropriate behavior stopped or corrected at the lowest possible level, and to put the offender on notice. An informal complaint may be resolved through counseling or mediation and generally does not require a formal investigation complete with findings and disciplinary recommendations. In many cases, an informal complaint may be undertaken and resolved. The decision to treat a matter informally is generally guided by Professional Standards Division, but the situation may be so severe that a formal investigation is the only appropriate avenue, for example, in the case of physical assault. A formal complaint is initiated in writing, and involves a matter that is severe and/or pervasive and requires a formal investigation, with findings that may result in disciplinary action. In addition, a formal complaint is generally filed in cases where an informal complaint has failed to resolve the situation, or the offender has not stopped the inappropriate behavior, despite notice. It is up to the individual to determine which reporting procedure or agency meets his or her particular needs. Although all employees are encouraged to use the internal procedures available to them, individuals have the right not to file a complaint with the Department. If Department officers, managers or supervisors are aware that discrimination or sexual harassment may be occurring, the Department may initiate a complaint and an investigation can be conducted. Employees shall not be forced to file a complaint. Regardless of who initiates a complaint, cooperation in an investigation is still every employee’s responsibility. If an employee perceives that an employment action is discriminatory, or inappropriate behavior may be occurring, the alleged discrimination or harassment can be reported to any of the individuals or agencies listed below. B. CONFIDENTIALITY Confidentiality concerning complaints or investigations is maintained to the greatest extent possible in order to prevent embarrassment, further discrimination, harassment, or retaliation. However, complete confidentiality cannot be guaranteed. The confidentiality concerns of individuals will be handled as sensitively as possible, and information shall not unnecessarily be disclosed to others. Employees should be aware that the LAFD is required in certain circumstances to take preventive or corrective actions that may be inconsistent with an individual’s desire that a report of certain behavior be kept completely confidential. In the event of an administrative or other legal proceeding, all investigative materials may legally be required to be disclosed to others involved in such proceedings. Confidential or sensitive information obtained by an employee during the course of an official investigation, whether acquired as a witness, complainant, respondent, or representative (to any party in the investigation), shall not be disclosed to others unless required by law. Discrimination Prevention Policy Handbook 12 C. FIRE DEPARTMENT INTERNAL PROCEDURE Fire Department members are encouraged to use the internal procedure for reporting discrimination or harassment by first pursuing the complaint through any one of the following available internal avenues [Any of the internal procedures is an acceptable alternative that may be considered by any employee]: 1. IMMEDIATE SUPERVISOR: An employee may report discrimination or harassment to his or her immediate supervisor or next level supervisor (if the immediate supervisor is the alleged harasser). 2. F-225 TO FIRE CHIEF AND FIRE COMMISSION: An employee may file a discrimination or harassment complaint in writing (F-225), through channels, to the Fire Chief and file a duplicate concurrently with the Board of Fire Commissioners, if he or she believes that he or she has been unfairly treated (See Appendix B Supervisory Guide - Complaint Processing, Section B. Complainant for suggested information to be included on the F-225). It is also permissible to submit a discrimination or harassment complaint directly to the Board of Fire Commissioners. 3. ANY CHIEF OFFICER OR SUPERVISOR: An employee desiring informal counseling or assistance with a discrimination or harassment problem may contact any Chief Officer or supervisor. If the Chief Officer or supervisor agrees that the issue may be addressed informally, he/she may determine the appropriate actions to be taken, if any. If the nature of the problem is such that the matter requires a formal investigation, the employee should be encouraged to use the internal procedures for reporting discrimination and harassment. The Chief Officer or Supervisor is required by City policy to take prompt action to address the complaint. 4. THE FIRE COMMISSION OFFICE: An employee who believes that he or she has been discriminated against or harassed may contact Commission Staff at (213) 978- 3837. Commission Staff are available to listen to and provide information about any discrimination or harassment issue. Although Commission Staff do not conduct investigations, they provide guidance and advise employees about the various procedures available for resolving EEO matters. 5. The Department's EEO Coordinator is located in the Professional Standards Division. An employee may contact the EEO Coordinator at (213) 473-7725. The EEO Coordinator investigates complaints of sexual harassment or discrimination and will counsel employees about sexual harassment and discrimination. D. OTHER AVAILABLE CITY PROCEDURES Board of Civil Service Commissioners The City's Discrimination Complaint Procedure gives City employees and applicants for City employment the right to file a discrimination complaint with the City's Civil Service Commission. The complaint must be based on an action, procedure or practice in selection or employment that specifically affects the individual and is believed to be discriminatory. Sexual harassment is a type of discrimination. Complaints under the City's Discrimination Complaint Procedure must be filed within one year of the most recent alleged act of discrimination, provided that this time may be extended for a period of time equivalent to that period during which the complainant first pursued a remedy through his or her departmental discrimination complaint procedure. The City’s Personnel Department - EEO Counselors Employees of the Personnel Department serve as staff to the Civil Service Commission. City employees who contact the Personnel Department regarding alleged discrimination will be encouraged to first request a review of their complaints under their department’s complaint procedure. If the complainant does not receive satisfactory resolution of the complaint or does not believe it can be adequately handled at the department level, he or she may submit a discrimination complaint in writing to the Office of Discrimination Complaint Resolution (ODCR). Personnel Department Equal Employment Opportunity Section (EEOS) staff will continue to investigate discrimination complaints filed with outside agencies against City departments and employees. The ODCR investigates discrimination complaints filed with the Civil Service Commission. Complaints in writing may be submitted to: Discrimination Prevention Policy Handbook 13 Office of Discrimination Complaint Resolution (ODCR) 700 E. Temple Street, Room 320 Los Angeles, CA 90012 (213) 473-9123 If an employee wishes to make a complaint in person or to receive assistance, he or she may call either the EEO Section (EEOS) of the Personnel Department at (213) 473- 9100 or the ODCR at (213) 473-9123 to arrange for an appointment to meet with a member of either unit’s investigative staff. The Intranet website is http:/ / per. ci. la. ca. us/ The City’s Personnel Department – EEO Counselors The Personnel Department offers specialized counseling from their Department experts, in addition to the generalized assistance described above. The counselors are available to discuss specific areas of concerns with any employee, inform them about relevant policies and complaint procedures, and answer questions an employee may have regarding these particular issues. The counselor can also make preliminary efforts to resolve concerns before a formal complaint is initiated. If an employee is not satisfied with the results of an informal effort to resolve situations, the counselor will inform the employee of the available complaint procedures including the City’s Complaint Procedures, Department’s procedures, or state or federal regulatory agency procedures. The counselors can be contacted through the Personnel Department’s EEO Section at (213) 473-9100. Employees may contact them directly for advice and information in the areas of sexual harassment, sexual orientation, disability and reasonable accommodation. E. OUTSIDE AGENCIES Department on Disability The City has established a Department on Disability that is responsible for developing and monitoring the City’s Americans with Disabilities Act (ADA) Self-evaluation and Transition Plan, ensuring the City’s compliance with ADA for persons with hearing impairments, and providing information and referral services to persons with disabilities throughout the City. The general telephone numbers for the Department on Disability are (213) 485-6334 (voice) and (213) 485-6655 (TTY). The Internet website is http://www.lacity.org/dod/ Commission on the Status of Women A complaint of sexual harassment or gender discrimination may be filed with the Commission on the Status of Women at (213) 978-0300. The Commission is committed to the elimination of sexual harassment in the workplace and provides support and guidance in this area. The Internet website is http://www.lacity.org/csw/ Employees may file a complaint with a state or federal agency. Employees who do not feel comfortable filing a complaint within the available City processes may choose to file a complaint with: State of California Department of Fair Employment and Housing Employees who believe they have been discriminated against, harassed or retaliated against because of activity involving a discrimination complaint have the right to file a discrimination and/or retaliation complaint with the state’s regulatory agency. Under state legislation, non-management employees may be held personally liable for harassing a co-worker based on any form of discrimination covered by the State’s Fair Employment and Housing Act. Time limits for filing complaints vary. Therefore, employees should check directly with this agency for specific deadlines and requirements. Employees alleging discrimination based on sexual orientation, known or perceived, have the right to file a complaint with the Department of Fair Employment and Housing (DFEH). Employees should check directly with this agency for specific deadlines and requirements. The website is http://www.dfeh.gov Discrimination Prevention Policy Handbook 14 Federal Equal Employment Opportunity Commission Complaints of discrimination or retaliation covered by the DFEH may be submitted to: Department of Fair Employment and Housing (DFEH) 611 West Sixth Street, 15th Floor Los Angeles, CA 90017 Phone: 1-800-884-1684 TTY: 1-800-700-2320 Federal Equal Employment Opportunity Commission Employees who believe they have been discriminated against, harassed or retaliated against because of participation in a discrimination complaint have the right to file a discrimination and/or retaliation complaint with the federal regulatory agency. Time limits for filing complaints vary. Therefore, employees should check directly with this agency for specific deadlines and requirements. The website is http://www.eeoc.gov/ Equal Employment Opportunity Commission (EEOC) 255 E. Temple Street, 4th Floor Los Angeles, CA 90012 Phone: 1-800-669-4000 Fax: 213-894-1118 TTY: 1-800-669-6820 I. SEXUAL HARASSMENT PREVENTION POLICY Sexual harassment is a form of sex discrimination. It is a violation of the City's policy and Federal and State law. Prompt and appropriate action must be taken to deter sexual harassment. Prevention and education are the best tools for the elimination of sexual harassment in the workplace. A. POLICY Note Dissemination of this policy serves as notice to all employees and violations of the policy may serve as a basis for discipline. The policy of the City of Los Angeles and the Fire Department is that sexual harassment in the workplace is unacceptable and will not be condoned or tolerated. The City of Los Angeles and the Fire Department promote and maintain a working environment free from all forms of discrimination, including sexual harassment, intimidation, retaliation or coercion. LAFD is committed to providing a work environment free from sexual harassment. This means everyone is responsible for the prevention of sexual harassment in the workplace. City policy requires prompt and appropriate corrective action to prevent sexual harassment. LAFD maintains a zero tolerance policy for discrimination based on sexual harassment. As a result LAFD may take corrective actions, up to and including formal discipline, when policy violations occur, even if they are not so serious as to be unlawful. For example, even though a sexual comment might not rise to the level of creating a hostile work environment under the law, such a comment is nevertheless unacceptable in the workplace, violates the LAFD's zero tolerance policy, and may be subject to a corrective action. This sexual harassment prevention policy extends to the conduct of all LAFD personnel towards any applicant, employee, or member of the public. In addition, any employee will also be subject to disciplinary action who, while acting in his or her capacity as a LAFD employee, sexually harasses a contractor, vendor, client, customer, visitor or any member of the public. Similarly, LAFD will not tolerate sexual harassment of its employees, applicants, or contractors, by non-employees, such as third party contractors, vendors, clients and/or customers. LAFD should be immediately alerted to any such conduct so that it can take immediate and appropriate Discrimination Prevention Policy Handbook 15 corrective action, and best attempt to prevent further harassment. Compliance All employees are responsible for preventing sexual harassment by complying with the conduct standards in this policy and by conducting themselves at all times in a professional manner. Management is responsible for setting the tone for a harassment free work environment and for taking appropriate measures, whether or not a complaint has been received, whenever they witness or learn of behavior which could be perceived as sexual harassment. Employees may also help to prevent harassment by taking the initiative to oppose and report conduct that they believe to be unlawful sexual harassment. Compliance with this policy depends on the efforts of both management and employees of LAFD at all levels. Moreover, employees are expected to report any sexually harassing behavior, regardless of whether the behavior is directed toward them or towards another employee, citizen, or contractor. Employees may report the conduct as described in Section III: Filing A Sexual Harassment Complaint. Disciplinary action, including warnings, reprimands, suspensions, or dismissal will be taken against those individuals determined to be in violation of this policy. B. DEFINITION OF SEXUAL HARASSMENT Sexual harassment is generally defined as unsolicited, unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature directed to a person of the same or of the opposite sex when: 1. Submission to such conduct is explicitly or implicitly made a term or condition of employment; 2. Submission to or rejection of this conduct is used as a basis for an employment decision affecting the employee; or 3. Such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile or offensive work environment. While it is not possible to list all circumstances that may be considered to be sexual harassment, some examples of conduct that may violate the LAFD's Sexual Harassment Prevention Policy include, but are not limited to, the following: Unwelcome sexual advance, whether it involves physical touching or not (this may include an expression of sexual interest after being informed that the interest is unwelcome or a situation which began as reciprocal attractions, but later ceased to be reciprocal); Offering employment benefits in exchange for sexual favors; Unwelcome leering, whistling, brushing against the body, sexual gestures, a suggestive comment, staring, sexual flirtation or proposition; Displaying a sexually suggestive object in the workplace or telling/showing sexual jokes, stories, drawings, pictures or gestures; Making and/or repeating a sexually related rumor about another employee; Making an inquiry into an employee's sexual experience(s); Reprisal or making a threat after a negative response is made to a sexual advance; Physical assault such as rape, sexual battery or an attempt to commit an assault or, intentional physical conduct such as impeding or blocking movement or touching or brushing against another employee's body; Making a derogatory comment or joke regarding an individual's sexual orientation or perceived sexual orientation. It is important to note that: Such conduct is actionable if offensive to a reasonable person and the victim was offended; A man or woman may be the harasser of a same or opposite sex victim; The harasser does not have to be the victim's supervisor; The victim does not necessarily have to be the one to whom the remark or conduct is directed, but may be someone in the same room who overhears and is offended by the comment or behavior; A consensual relationship may lead to claims by non-involved employees who believe that they were disadvantaged when favoritism is shown to a paramour, but is not shown to an employee who did not have a Discrimination Prevention Policy Handbook 16 romantic relationship with the employee granting the favors. If such sexual favoritism is widespread, sends a message that employees of a certain sex are sexual playthings, or creates an atmosphere where employees believe they must consent to such relationships as a term or condition of employment, it could be unlawful. Any employee, who initiates or persists in conduct that is viewed by another as being of a sexual nature, assumes the risk and liability and the possible penalties for such conduct. An employee who violates LAFD's Sexual Harassment Prevention Policy may face a range of disciplinary actions, including dismissal. Furthermore, offending employees, including supervisors and non-supervisors, can be held personally liable for monetary damages (and may be required to pay for their own attorney) if an offended employee files a lawsuit. Types of Sexual Harassment There are two types of sexual harassment. They include "quid pro quo" harassment and "hostile work environment" harassment. Quid pro quo harassment occurs when submission to or rejection of unwelcome sexual conduct is used to make an employment decision affecting the complainant, resulting in some tangible injury to the complainant. On the other hand, a hostile work environment claim is based on unwelcome sexual conduct that interferes with an individual's work performance or creates an intimidating, offensive, or hostile work environment. To constitute sexual harassment, these claims do not have to result in economic or serious psychological injury, but they do have to negatively affect an employee's work environment. The courts have generally agreed that sexual harassment has occurred when incidents in a work environment are severe or pervasive enough to create a hostile work environment. The EEOC considers that a hostile work environment is created by a pattern of offensive conduct. While one incident usually is not sufficient in and of itself to be considered sexual harassment, the nature, frequency, and context of remarks should be considered. A single instance of unwelcome, intentional touching of a person's body may by itself create a hostile work environment. In determining whether or not a hostile work environment exists, courts use a "reasonable victim" or "reasonable person" standard. This standard acknowledges that there are subjective as well as objective elements to a complaint of sexual harassment. Each case must be evaluated based upon the unique set of circumstances alleged. The following examples are intended to expand upon the above definitions of the various types of sexual harassment. Some behaviors may fall into both types of sexual harassment, but it is most important to understand that the behaviors are inappropriate and should not be tolerated in the work place: Quid Pro Quo Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. Such behavior is illegal when it is part of a supervisor's decision to hire or fire someone; or, when it is used to make other employment decisions like pay, promotion, or job assignment. Engaging in implicit or explicit coercive sexual behavior which is used to control, influence, or affect the career, salary, and/or work environment of another employee; offering favors of employment benefits, such as a promotion, favorable work performance evaluation, favorable assigned duties or shifts, recommendations, reclassifications, etc., in exchange for sexual favors. Making reprisals, threats of reprisal, or implied threats of reprisal following a negative response to a sexual overture; for example, either implying or actually withholding support for an appointment, promotion, or change of assignment; suggesting a poor work performance evaluation will be prepared, or suggesting a probationary period will be failed. Discrimination Prevention Policy Handbook 17 Hostile Work Environment Unwelcome behavior of a sexual nature that is repeated or egregious and creates an intimidating, hostile, or offensive work environment. While this kind of inappropriate behavior may be committed by accident, it is often committed intentionally; for example, repeated use of inappropriate language or comments of a sexual nature, including innuendos and references to a person's intimate body parts, that are considered offensive to others in the workplace. Unwelcome conduct that has the effect or purpose of interfering with an individual's work environment, unreasonably interferes with an individual's work performance, or makes the work environment intimidating or hostile; for example, a situation that began as a reciprocal attraction between two employees but later ceased to be reciprocal, and one of the employees continues to exhibit or express behavior that is C. SEXUALLY HARASSING BEHAVIORS The following examples describe some of the sexually harassing behaviors that are inappropriate and may be illegal on the job. They are intended to give all employees more specific information that will help you determine if the behavior could be considered sexually harassing. These examples are only a sample of inappropriate behavior and are not meant to be all-inclusive: Verbal Harassment Sexual comments, innuendos, double entendres, and the use of sexually oriented language whether or not it is directed toward a specific person or group of persons, if any person is offended. Slang, names, or labels, such as "honey", "sweetie", "baby", "babe", "boy", "girl", that others reasonably find offensive; obscene or lewd sexual jokes, comments, or suggestions; negative or offensive comments, jokes, or suggestions about another person's gender; talking about another employee's body, body parts, or sexual characteristics in a negative or embarrassing way; pressure for dates or sexual relations. Non-verbal Harassment Suggestive looks, leering, and ogling; calling attention to another employee's body or sexual characteristics in a negative or embarrassing way. Physical Harassment Unwelcome physical contact such as brushing against someone's body, impeding or blocking movements, kissing, hugging, touching, "friendly" pats, squeezes, pinches, back rubs, or massages. Visual Harassment Displaying nude or sexually oriented pictures, calendars, magazines, movies, cartoons, posters, or photographs, including those that may exhibit family or friends; displaying suggestive objects or other inappropriate paraphernalia, including such items as "gag gifts" at any City or Department related function. Discrimination Prevention Policy Handbook 18 Other Unwelcome Behaviors Deliberately ostracizing or excluding another employee because of his or her gender, or sexual orientation. Not taking seriously an employee who experiences sexual harassment, laughing at him or her, ignoring him or her or otherwise minimizing his or her issues. Blaming the victim of sexual harassment for causing the problem. Continuing offensive behavior after a co-worker has indicated that behavior is unwelcome. D. Employees and Non-employees Covered by the Prevention Policy and Complaint Procedure Employees are individuals occupying a position in the classified civil service, and include interns, personal services contract employees, and also, employees exempt from civil service under the provisions of the City Charter including elected and appointed officials. Non-employees may include the public, customers, service providers (i.e., delivery persons, postal workers, repair persons, etc.), vendors, contractors, volunteers and others not considered "employees". The Sexual Harassment Prevention Policy and Complaint Procedure covers members of the public, volunteers, or employees of a business under contract with the City, who complain of harassment by City employees during the conduct of their employment. The City may also be held liable for non-employees’ harassing conduct. It is, therefore, imperative for Supervisors to take immediate and appropriate corrective action whenever they know or should have known of sexual harassment committed by a nonemployee against employees, applicants or contract workers. All reasonable steps shall be taken to prevent harassment from occurring. Loss of tangible job benefits shall not be necessary to establish harassment. E. Recognizing Sexual Harrassment There is no typical profile of a sexual harasser. Anyone can be a harasser, regardless of his or her gender, age, sexual orientation, or job position, just as anyone can be the victim of sexual harassment. To help clarify what is or is not appropriate behavior in the workplace, employees might ask these questions about their behavior or about the behavior of others: "If someone behaved this way toward my spouse, partner, child or parent, how would I feel about the behavior?" "Would I be embarrassed to see my remarks or behavior reported in the newspaper or described to my own family?" If you answered "yes" to these questions, it is likely that the remarks or behavior are inappropriate in the work place. Further, to help you recognize sexual harassment, consider the following: Is the behavior directed toward persons of one gender only? Is the behavior repeated despite objections to harassment? Does it appear deliberate? Has the employee who is receiving the attention objected in any way? Is it unsolicited? Does it appear to be unwelcome? Social behaviors, that are part of the interactions between people but not necessarily needed to get work accomplished, may or may not be appropriate. Some social behaviors are acceptable, and still others may be inappropriate for the work place. Under most circumstances, good manners are not regarded as sexual harassment. Good manners could include social behaviors that are part of society's rules of etiquette, such as: Opening doors Pulling a chair out Allowing "ladies first" However, an employee or non-employee may carry such good manners to extremes with an employee that annoys, embarrasses, or degrades that employee. This may result in inappropriate on-the-job behavior. Additionally, employees need not, and realistically cannot, be prohibited from non-work related social interactions, but it should be made clear that social relationships will not be permitted to interfere with work performance or business decisions. Discrimination Prevention Policy Handbook 19 F. Retaliation LAFD maintains a zero tolerance policy for retaliation. The Department prohibits retaliation against anyone who reports discriminatory activity, registers a complaint pursuant to the policy, assists in making a discrimination complaint, or who cooperates in an investigation. Any employee who makes a complaint regarding behavior the employee believes is sexual harassment; assists, testifies, or participates in any sexual harassment investigation or proceeding; or who opposes such conduct in the workplace, will not be adversely affected in the terms and conditions of his or her employment, and will not be discriminated against or discharged for engaging in such activity. Retaliation is generally defined as harassing language, behavior or conduct, unwarranted punitive action, or acts of discrimination that are directed toward another employee, or such employee's family or friends, in response to an employee bringing a complaint alleging discrimination or harassment; or testifying on behalf of and/or in support of another employee who filed such a complaint; or advising another employee who has complained of discrimination or harassment; or assisting or participating in an investigation, proceeding, or hearing concerning an employee who has complained of discrimination or harassment. It can be as subtle as avoiding a person once you have found out that he or she filed a complaint, or as overt as going out of your way to treat the person who filed the complaint in a spiteful or vengeful way, such as joining other employees in creating or contributing to the hostile work environment of the unit to which the complainant is assigned. Some examples of conduct that may violate the LAFD's retaliation policy include, but are not limited to, the following: Co-worker hostility or retaliatory harassment, to include intimidation, gossip, rumors, insults, or otherwise offensive conduct that would subject a person to public ridicule or humiliation; Any action or combination of actions that is reasonably likely to materially and adversely affect an employee's job performance or opportunity for advancement; Termination, demotion, disadvantageous transfers or assignments, refusals to promote, threats, reprimands, negative evaluations. Complaints of retaliation will be promptly investigated. If retaliation is substantiated, appropriate disciplinary action, including possible dismissal, will be taken. Acts of reprisal are unacceptable. Reprisal not only affects the recipient, but also can spread rapidly throughout the organizational unit. Reprisal or retaliation against an individual for lodging a complaint destroys faith in leadership and can damage the human relations climate and morale. Every employee, whether witness, complainant or alleged harasser, is expected to cooperate fully with every investigation. Confidentiality concerning complaints or investigations is maintained to the greatest extent possible in order to prevent embarrassment, further discrimination or harassment, or retaliation. Confidential or sensitive information obtained by any employee during the course of an official investigation, whether acquired as a witness, complainant, respondent, or representative, shall not be disclosed to others unless required by law. Concerns of individuals regarding confidentiality of information provided by them will be handled as sensitively as possible, and information shall not unnecessarily be disclosed to others. However, employees should be aware that the LAFD is required in certain circumstances to take preventive or corrective actions that may be inconsistent with an individual's desire that a report or certain behavior be kept completely confidential. The preceding examples are provided to help employees of the Fire Department maintain a work environment free from unwelcome sexual overtures, advances, and coercion. All employees and non-employees are expected to adhere to a standard of conduct that is respectful to all employees within the Department and the public we serve. Each employee must respect each person's individual dignity and right to work free from fear of any harassment, discrimination, or retaliation. Discrimination Prevention Policy Handbook 20 II. Responsibilities and Consequences A. Officers, Managers and Supervisors Responsibilities Officers, Managers and Supervisors are in key positions to make an impact in terms of correcting inappropriate behavior in the workplace and ensuring that a discrimination free workplace is maintained. Therefore, the law has placed a greater responsibility on officers, managers and supervisors to act when they observe or learn of a potential sexual harassment situation. It is the responsibility of all LAFD officers, managers and supervisors to ensure that their organizational units are in full compliance with the Department's sexual harassment prevention policy and to take all necessary steps to prevent sexual harassment. This includes setting the tone for a harassment-free work environment by informing new employees, periodically reiterating this policy to all subordinate staff, and ensuring that employees receive all mandated sexual harassment training. Officers, managers and supervisors are responsible for informing employees about how to pursue their rights if harassed, and promptly notifying resources such as Operations Bureau, Professional Standards Division, Fire Commission Office, and the Personnel Department for guidance and assistance in the proper handling of the complaint. Officers, managers and supervisors who engage in sexual harassment or make submission to sexual favors a term or condition of an individual's employment will be subject to discipline up to and including dismissal if the allegation is substantiated. They also put themselves at risk for monetary damages (and potentially having to pay the full cost of their own defense) if an offended employee pursues the matter in litigation. Officers, managers and supervisors are responsible for acts of sexual harassment between employees in the workplace if they know or should have known of the conduct, unless they can show that they took timely and appropriate action when they became aware of the situation. Ignorance is not an acceptable defense for inaction of an officer, manager or supervisor if, through reasonable care, they should have been aware of the conduct. Officers, managers and supervisors may also be responsible for sexual harassment by non-employees where the officer, manager, or supervisor knew or should have known of the conduct, and failed to take timely and appropriate corrective action. In reviewing these cases, the extent of the officer, manager and supervisor's control, and any other legal responsibility, which they may have with respect to the conduct of such nonemployees, will be taken into consideration. Officers, managers and supervisors are responsible for ensuring the employees’ understanding of the Department zero tolerance policy towards sexual harassment. Officers, managers and supervisors must: Provide a discrimination-free work environment and take proactive steps to communicate to the subordinates that sexual harassment in the workplace will not be tolerated; Ensure that all of their subordinate employees are informed of the Department's policy against sexual harassment and the process for reporting complaints; Ensure that their subordinate employees are not discouraged from filing complaints (formal or informal) so that complaints may be properly investigated; Set an example by their own behavior and let others know that they support the Department's policy and will take appropriate corrective action if sexual harassment occurs; Ensure that all employees attend training to make them aware of (1) conduct that could be construed as sexual harassment and (2) the consequences of such conduct; Immediately report and forward all sexual harassment complaints in accordance with this policy and procedure even if the complainant does not want you to proceed; Monitor the workplace to identify subtle harassing conduct or behavior; Take all complaints seriously. Do not shrug off, minimize the complaint, or otherwise discourage employees from reporting such complaints. Immediately report through your chain of command any sexual harassment complaints you have received, or any sexual harassment you have observed. Professional Standards Division (PSD) will act as the lead for the Department on any allegations of sexual harassment, and directions from them are to be strictly Discrimination Prevention Policy Handbook 21 followed. Do not investigate any such allegations unless specifically directed to by PSD. In most cases, PSD will perform the investigation employee should communicate this information to someone who can.* (Note: Supervisors can not act as confidantes, as they are bound by their responsibility to take effective action.) Additionally, employees who become aware of conduct that they believe to be sexual harassment, even if it is not directed toward them, should report the incident to a supervisor immediately. If an employee believes he or she has been sexually harassed, the employee may file a complaint with any of the agencies or officers listed in this manual. It is the employee's responsibility to contact the agency to determine its filing requirements. However, most allow up to a one-year filing period from the date of the alleged harassment. NOTE All Employees are assured that they may make such reports without fear of retaliation by the City, Department, Management, or their immediate Supervisor. In all cases, allegations of sexual harassment will be fully and completely investigated. Consequences An employee found to have engaged in discrimination, harassment, or retaliation will face formal action up to and including dismissal, regardless of job level or classification. Employees do not necessarily need to violate state or federal discrimination laws, regulations, rules, guidelines, or executive orders to be in violation of the Department’s policy. All employees will be held accountable for their conduct, and any employee who fails to adhere to the Department’s policies will be subject to investigation. If it is determined through the investigation process that a violation of the Department’s policy has occurred, the Department will take timely and appropriate action up to and including dismissal. If a non-supervisory employee receives information about alleged sexual harassment or discrimination in confidence from another Department employee, he or she is not required to disclose that information to a supervisor. He or she should support and encourage the employee to address his or her concerns through the various resources available, but a "confidante" is not required to report the alleged harassment. III. FILING A SEXUAL HARASSMENT COMPLAINT A. INTRODUCTION Every employee is entitled to work in an environment free from sexual harassment and retaliation. If an employee perceives that inappropriate behavior of a sexual nature is occurring by another employee, non-employee, or supervisor and it is offensive, he or she can report the sexual harassment to any of the individuals or agencies listed below. It is important to note the difference between formal and informal complaints. An informal complaint usually involves a situation in which the complainant wants inappropriate behavior corrected at the lowest possible level and where the behavior is not severe or pervasive; or when the complainant is uncertain about whether the behavior is actually sexual harassment and is seeking clarification or counseling. The decision to treat a matter informally is generally guided by Professional Standards Division, but the situation may be so severe that a formal investigation is the only appropriate avenue. A formal complaint is when the complainant perceives that inappropriate behavior of a sexual nature has occurred and the complainant has been unable to informally resolve the issue, where the inappropriate behavior is egregious, or when the complainant does not feel comfortable confronting the harasser directly for various reasons. It is up to the individual to determine which reporting procedure or agency meets his or her particular needs. Although all employees are encouraged to utilize the internal procedures available to them, individuals have the right not to file a complaint. If Department managers or supervisors are aware that sexual harassment may be occurring, the Department may initiate a complaint and an investigation can be conducted. Employees shall not be forced to file a complaint. Regardless of who initiates a complaint, cooperation in an investigation is still every employee's responsibility. Discrimination Prevention Policy Handbook 22 B. Fire Department Procedure The Fire Department procedure for reporting a sexual harassment complaint is to first pursue the complaint through any one of the following available internal procedures. Pursuing any of the alternatives in Sections B, C or D is permissible. 1. IMMEDIATE SUPERVISOR: An employee should report sexual harassment to his or her immediate supervisor or next level supervisor (if the immediate supervisor is the alleged harasser). However, any of the internal procedures is an acceptable alternative that may be considered by any employee. 2. F-225 TO FIRE CHIEF AND FIRE COMMISSION: An employee may file a sexual harassment complaint in writing, (F-225) THROUGH CHANNELS, to the Fire Chief and file a duplicate concurrently with the Board of Fire Commissioners, if he or she believes that he or she has been unfairly treated (See Appendix B – Supervisory Guide – Complaint Processing, Section B. Complainant for suggested information to be included on the F-225). 3. ANY CHIEF OFFICER: An employee desiring informal counseling or assistance with a sexual harassment problem may contact any Chief Officer. If the nature of the problem is such that the individual would rather file a formal complaint, the employee shall go THROUGH CHANNELS and prepare an F-225. 4. THE FIRE COMMISSION OFFICE: An employee who believes he or she has been sexually harassed, may contact Commission Staff at (213) 978-3837. Commission Staff is available to provide information about sexual harassment issues. Counseling, information and assistance are also provided. 5. The Department's Sexual Harassment Coordinator is located in the Professional Standards Division. An employee may contact the Sexual Harassment Coordinator at (213) 473-7725, if he or she alleges sexual harassment or needs clarification on sexual harassment issues. The Sexual Harassment Coordinator investigates complaints of sexual harassment and will counsel employees about sexual harassment and other forms of discrimination. As the sexual harassment coordinator, this person answers questions about conducting investigations and City policies and complaint procedures. C. OTHER AVAILABLE CITY PROCEDURES An employee who believes he or she was sexually harassed may choose to file a complaint through the Personnel Department's Citywide Sexual Harassment Counselor. The Counselor is available at (213) 473-9123 to discuss sexual harassment concerns with all employees, fully inform employees about the City's sexual harassment policies and complaint procedure, and answer any questions that the employee may have regarding the City’s policy. The Counselor can also make preliminary efforts to resolve concerns before a formal complaint is initiated. If an employee is not satisfied with the results of an informal effort to resolve concerns about sexual harassment allegations, the Counselor will inform the employee of the existence of some other available complaint procedures including the City's Sexual Harassment Complaint Procedure, the Department procedures, or state or federal regulatory agency procedures. Board of Civil Service Commissioners/City Personnel Department The City's Discrimination Complaint Procedure gives City employees and applicants for City employment the right to file a written discrimination complaint with the City's Civil Service Commission. The complaint must deal with an employment action, procedure or practice that specifically affects the individual and is believed to be discriminatory. Sexual harassment is a type of discrimination. Complaints under the City's Discrimination Complaint Procedure must be filed within one year of the most recent alleged act of discrimination. Employees of the Personnel Department serve as staff to the Civil Service Commission. If an employee does not receive satisfactory resolution of the complaint or does not believe it can be adequately handled at the department level, he or she may submit the complaint, in writing to the: Office of Discrimination Complaint Resolution (ODCR) 700 E. Temple Street, Room 320 Discrimination Prevention Policy Handbook 23 Los Angeles, CA 90012 (213) 473-9123 If an employee wishes to make a complaint in person or speak to a staff representative, he or she can contact the Personnel Department's Sexual Harassment Counselor to schedule a meeting or discuss the issues, policies, or complaint procedure. The Counselor will be available at (213) 473-9123 to discuss sexual harassment issues, shall fully inform employees about the City's sexual harassment policies and complaint procedures, and shall answer any questions that the employee may have regarding the City's policy, or the other options available to them. The Personnel Department may also refer employees to an independent unit with expertise in discrimination investigation contracted to handle discrimination complaints. Commission on the Status of Women A complaint may be filed with the Commission on the Status of Women at (213) 978- 0300. It is committed to the elimination of sexual harassment in the workplace and provides support and guidance in this area. D. Outside Agencies Employees have the right to file a sexual harassment complaint with a state or federal agency. Employees who do not feel comfortable filing a complaint within the available City processes may choose to file a complaint with: State of California Department of Fair Employment and Housing Employees who have been sexually harassed have the right to file complaints with the state's regulatory agencies. Time limits for filing complaints with regulatory agencies vary, therefore, employees should check directly with this agency for specific deadlines and requirements: Department of Fair Employment and Housing (DFEH) 611 West Sixth Street, 15th Floor Los Angeles, CA 90017 Phone: 1-800-884-1684 TTY: 1-800-700-2320 Federal Equal Employment Opportunity Commission Employees who have been sexually harassed have the right to file complaints with federal regulatory agencies. Time limits for filing complaints with federal regulatory agencies vary therefore, employees should check directly with this agency for specific deadlines and requirements: Equal Employment Opportunity Commission (EEOC) 255 E. Temple Street, 4th Floor Los Angeles, CA 90012 Phone: 1-800-669-4000 Fax: 213-894-1118 TTY: 1-800-669-6820 Discrimination Prevention Policy Handbook 24 LAFD Disability and Reasonable Accommodation Policy and Accommodation Request Procedures I. Policy The Los Angeles Fire Department has a responsibility to ensure that its policies and procedures are free from discrimination toward qualified individuals with disabilities. The Fire Department is an equal opportunity employer and our Discrimination Prevention Policy prohibits discrimination based on disability in all employment practices. The Americans with Disabilities Act of 1990 (ADA) and California Fair Employment and Housing Act (FEHA) prohibits discrimination against qualified individuals with disabilities in hiring and in terms and conditions of employment. The Fire Department makes reasonable accommodations to enable qualified enjoyed by employees without disabilities. II. Legislation The Americans with Disabilities Act of 1990 (ADA) and Section 504 of the Federal Rehabilitation Act state that a disability is a physical or mental impairment that substantially limits one or more major life activities, having a record of such an impairment, or being regarded as having such an impairment. Several factors are evaluated under these laws such as the nature and severity of the impairment; the duration or expected duration of the impairment; and the permanent or long term impact or expected permanent or long term impact of the impairment. State of California (FEHA) disability law gives a broader definition to disability that is applicable to the City of Los Angeles. It states that to be disabled requires a limitation upon a major life activity, not necessarily a “substantial” limitation of a major life activity as required under Federal ADA legislation. Further, an employer may not consider any mitigating measures (medications, assistive devices, or reasonable accommodations) when determining whether an employee or applicant is disabled under the law unless the mitigating measure itself limits the major life activity. Temporary restrictions are not covered under the ADA and do not require longterm accommodations. Disabilities covered by the ADA are usually permanent or long-term conditions. III. Definitions The following definitions may assist in your understanding and making appropriate assessments regarding reasonable accommodations: A “qualified individual with a disability” is a person with a disability who meets legitimate skill, experience, education and other job related requirements of a position held or sought and who can perform the essential functions of the position with or without an accommodation. A “reasonable accommodation” is any modification or adjustment to a job, an employment practice, or the work environment that makes it possible for a qualified individual with a disability to experience equal employment opportunity. A reasonable accommodation may include: modifying or acquiring equipment or devices to enable an individual with a disability to perform the job effectively and safely. Job restructuring, flexible or modified work schedules (mainly provided for civilian employees), reassignment to a vacant position (for current employees only), appropriate adjustment or modification of examination procedures, training materials, providing a qualified reader or interpreter, or other accommodations may be considered reasonable. A reasonable accommodation does not have to be the exact accommodation requested by the employee, as long as what is offered allows the individual to perform the essential functions of the job. “Essential functions” Discrimination Prevention Policy Handbook 25 are the basic duties or tasks of the job. If the essential functions or basic duties of a position were deleted or modified, it would cause the job to be reclassified. The employer is not required to remove the essential functions of a job nor create a job to accommodate an employee. “Undue hardship” is an action requiring significant difficulty or expense. When considering whether or not there is an undue hardship, it must be determined on a case-by-case basis. Undue hardship is not necessarily limited to financial cost; it can mean actions that unreasonably disrupt the workplace or fundamentally alter the operation of the business. An “interactive process” is required to ensure that the employer and the employee both provide and receive adequate information on which to base an accommodation request. This should be a mutually responsive process avoiding unnecessary delays. “Major life activities” are defined as including walking, seeing, hearing, speaking, breathing, learning and working. Under this broader definition, working is considered a “major life activity” regardless of whether the limitation, actual or perceived, implicates a single job or a broad class of jobs. IV. Procedures This procedure is intended to guide officers and supervisors in assisting qualified applicants and employees with disabilities who request reasonable accommodations, and for employees requesting reasonable accommodations. California law states that it is unlawful for a supervisor or commanding officer to fail to engage in an interactive process with a disabled employee or an applicant who requests an accommodation. Additionally, considering an accommodation request shall be timely, interactive, and done in good faith. A. Role of the Reasonable Accommodation Coordinator The Fire Department has one Reasonable Accommodation Coordinator who is responsible for coordinating all Department employee requests for accommodation, including both sworn and civilian employees. The Reasonable Accommodation Coordinator is responsible for ensuring that the Department complies with ADA and FEHA laws. The role of the Reasonable Accommodation Coordinator includes maintaining and preparing documentation regarding accommodation requests, and assisting supervisors and commanding officers in making their evaluations of whether a request can be reasonably accommodated. The Reasonable Accommodation Coordinator shall assist supervisors and commanding officers to ensure that good personnel practices are upheld and that the Department is meeting its legal obligations. The Reasonable Accommodation Coordinator is assigned to the Fire Department’s Personnel Services Section and may be contacted at (213) 978-3764. B. Requesting Reasonable Accommodation The majority of requests are triggered by the receipt of permanent work restrictions by the Reasonable Accommodation Coordinator, however, written requests for reasonable accommodation can be initiated by the employee or when a supervisor becomes aware of information that may require an accommodation. While it is desirable for the request to be in writing, a supervisor or commanding officer should not wait for a formal written request to contact the Reasonable Accommodation Coordinator about the need to address the reasonable accommodation. Discrimination Prevention Policy Handbook 26 Employee Requests An employee requesting an accommodation due to a disability should simultaneously notify the supervisor or commanding officer and the Reasonable Accommodation Coordinator. Written verification of the limitations from the employee’s physician or Workers’ Compensation physician should accompany the request. Once the Reasonable Accommodation Coordinator has received the request for reasonable accommodation, the Reasonable Accommodation Coordinator shall forward the pages two, three, and four of the Reasonable Accommodation Assessment Form (RAAF) to the immediate supervisor or commanding officer for further processing. The employee bears the responsibility of providing the Department with written proof of limitations such as a physician’s statement. NOTE Request for Reasonable Accommodation Forms should be sent via Interdepartmental Mail marked “Confidential” with the Form 180 on the City’s Inter-Departmental Memo. Supervisor or Commanding Officer Initiated Requests Whenever a supervisor or commanding officer becomes aware of information that may lead to an accommodation request, they should contact the Department’s Reasonable Accommodation Coordinator to determine whether a written accommodation request should be submitted. A supervisor or commanding officer should not delay processing a request. Immediately contacting the Reasonable Accommodation Coordinator will ensure that the request is tracked by the Department and may avoid granting accommodations that are inappropriate, unwarranted, or may lead to questionable personnel practices effecting future accommodation requests. For sworn personnel, it is advisable to also contact the Medical Liaison nit. In the case of civilian personnel, contact and forward the information to the Reasonable Accommodation Coordinator. C. Processing a Request for Reasonable Accommodation Assessment Form To determine the essential duties of the position and to document the accommodation assessment process, the immediate supervisor or commanding officer will prepare