Discriminatory_Harassment.pdf

Policy 1012 Chesapeake Fire Department Policy Manual Copyright Lexipol, LLC 2023/04/01, All Rights Reserved.Published with permission by Chesapeake Fire Department Discriminatory Harassment - 1 Discriminatory Harassment 1012.1 PURPOSE AND SCOPE This policy is intended to prevent department me...

Policy 1012 Chesapeake Fire Department Policy Manual Copyright Lexipol, LLC 2023/04/01, All Rights Reserved.Published with permission by Chesapeake Fire Department Discriminatory Harassment - 1 Discriminatory Harassment 1012.1 PURPOSE AND SCOPE This policy is intended to prevent department members from being subjected to discrimination or sexual harassment. Nothing in this policy is intended to create a legal or employment right or duty that is not created by law. 1012.2 POLICY The Chesapeake Fire Department is an equal opportunity employer and is committed to creating and maintaining a work environment that is free of all forms of discriminatory harassment, including sexual harassment and retaliation. The Department will not tolerate discrimination against a member in hiring, promotion, discharge, compensation, fringe benefits and other privileges of employment. The Department will take preventive and corrective action to address any behavior that violates this policy or the rights it is designed to protect. The nondiscrimination policies of the Department may be more comprehensive than state or federal law. Conduct that violates this policy may not violate state or federal law but still could subject a member to discipline. 1012.3 DISCRIMINATION PROHIBITED 1012.3.1 DISCRIMINATION The Department prohibits all forms of discrimination, including any employment-related action by a member that adversely affects an applicant or member and is based on race, color, religion, sex, age, national origin or ancestry, genetic information, disability, military service, sexual orientation and other classifications protected by law (Va. Code § 2.2-3900). Discriminatory harassment, including sexual harassment, is verbal or physical conduct that demeans or shows hostility or aversion toward an individual based upon that individual’s protected class. It has the effect of interfering with an individual’s work performance or creating a hostile or abusive work environment. Conduct that may, under certain circumstances, constitute discriminatory harassment can include: making derogatory comments, crude and offensive statements or remarks; making slurs or off-color jokes; stereotyping; engaging in threatening acts; making indecent gestures, pictures, cartoons, posters or material; making inappropriate physical contact; or using written material or department equipment and/or systems to transmit or receive offensive material, statements or pictures. Such conduct is contrary to department policy and to a work environment that is free of discrimination. 1012.3.2 RETALIATION Retaliation is treating a person differently or engaging in acts of reprisal or intimidation against the person because he/she has engaged in protected activity, filed a charge of discrimination, participated in an investigation or opposed a discriminatory practice. Chesapeake Fire Department Policy Manual Discriminatory Harassment Copyright Lexipol, LLC 2023/04/01, All Rights Reserved.Published with permission by Chesapeake Fire Department Discriminatory Harassment - 2 Retaliation will not be tolerated (see the Anti-Retaliation Policy). 1012.3.3 SEXUAL HARASSMENT The Department prohibits all forms of discrimination and discriminatory harassment, including sexual harassment. It is unlawful to harass an applicant or a member because of that person’s sex. Sexual harassment includes, but is not limited to, unwelcome sexual advances, requests for sexual favors or other verbal, visual or physical conduct of a sexual nature when: (a) Submission to such conduct is made either explicitly or implicitly a term or condition of employment, position or compensation. (b) Submission to, or rejection of, such conduct is used as the basis for any employment decisions affecting the member. (c) Such conduct has the purpose or effect of substantially interfering with a member's work performance or creating an intimidating, hostile or offensive work environment. 1012.3.4 ADDITIONAL CONSIDERATIONS Discrimination and discriminatory harassment do not include actions that are in accordance with established rules, principles or standards, including: (a) Acts or omission of acts based solely upon bona fide occupational qualifications under the Equal Employment Opportunity Commission's guidelines. (b) Bona fide requests or demands by a supervisor that a member improve his/her work quality or output, that the member report to the job site on time, that the member comply with City or department rules or regulations, or any other appropriate work- related communication between supervisor and member. 1012.4 RESPONSIBILITIES This policy applies to all department members who shall follow the intent of these guidelines in a manner that reflects department policy and the best interest of the Chesapeake Fire Department and its mission. Members are encouraged to promptly report any discriminatory, retaliatory or harassing conduct or known violations of this policy to a supervisor. Any member who is not comfortable with reporting violations of this policy to his/her immediate supervisor may bypass the chain of command and make the report to a higher ranking supervisor or manager. Complaints may also be filed with the Fire Chief, the Director of Human Resources or the City Manager. Any member who believes, in good faith, that he/she has been discriminated against, harassed or subjected to retaliation, or who has observed harassment or discrimination, is encouraged to promptly report such conduct in accordance with the procedures set forth in this policy. Supervisors and managers receiving information regarding alleged violations of this policy shall determine if there is any basis for the allegation and shall proceed with resolution as stated below. Chesapeake Fire Department Policy Manual Discriminatory Harassment Copyright Lexipol, LLC 2023/04/01, All Rights Reserved.Published with permission by Chesapeake Fire Department Discriminatory Harassment - 3 1012.4.1 QUESTIONS OR CLARIFICATION Members with questions regarding discrimination or sexual harassment are encouraged to contact a supervisor, a manager, the Fire Chief, the Director of Human Resources or the City Manager for further information, direction or clarification. Federal EEOC contact: Equal Employment Opportunity Commission Federal Building 200 Granby Street Suite 739 Norfolk, VA 23510 Phone: 1-800-669-4000 1012.4.2 SUPERVISOR’S RESPONSIBILITY Each supervisor and manager shall: (a) Continually monitor the work environment and strive to ensure that it is free from all types of unlawful discrimination, including harassment or retaliation. (b) Take prompt, appropriate action within their work units to avoid and minimize the incidence of any form of discrimination, harassment or retaliation. (c) Ensure that subordinates understand their responsibilities under this policy. (d) Ensure that members who make complaints or who oppose any unlawful employment practices are protected from retaliation and that such matters are kept confidential to the extent possible. (e) Notify the Fire Department EEO Officerin writing of the circumstances surrounding any reported allegations or observed acts of discrimination, harassment or retaliation no later than the next business day. 1012.4.3 SUPERVISOR’S ROLE Because of differences in individual values, supervisors and managers may find it difficult to recognize that their behavior or the behavior of others is discriminatory, harassing or retaliatory. Supervisors and managers shall be aware of the following considerations: (a) Behavior of supervisors and managers should represent the values of the Department. Chesapeake Fire Department Policy Manual Discriminatory Harassment Copyright Lexipol, LLC 2023/04/01, All Rights Reserved.Published with permission by Chesapeake Fire Department Discriminatory Harassment - 4 (b) False or mistaken accusations of discrimination, harassment or retaliation can have negative effects on the careers of innocent members. (c) Supervisors and managers must act promptly and responsibly in the resolution of such situations. (d) Supervisors and managers shall make a timely determination regarding the substance of any allegation based upon all available facts. Nothing in this section shall be construed to prevent supervisors or managers from discharging supervisory or management responsibilities, such as determining duty assignments, evaluating or counseling members or issuing discipline in a manner that is consistent with established procedures. 1012.4.4 EEO OFFICER'S RESPONSIBILITY The EEO Officer will provide guidance, education, training, bulletins and procedures for implementing this policy. The EEO Officer will be charged with complaint processing and record- keeping in cooperation with the City's EEO Specialist. 1012.5 INVESTIGATION OF COMPLAINTS Various methods of resolution exist. During the pendency of any such investigation, the supervisor of the involved member or members should take prompt and reasonable steps to mitigate or eliminate any continuing abusive or hostile work environment. It is the policy of the Chesapeake Fire Department that all complaints of discrimination, retaliation or harassment shall be fully documented and promptly and thoroughly investigated. The participating or opposing member should be protected against retaliation, and the complaint and related investigation should be kept confidential to the extent possible. 1012.5.1 SUPERVISORY RESOLUTION Members who believe they are experiencing discrimination, harassment or retaliation should be encouraged to inform the individual that his/her behavior is unwelcome, offensive, unprofessional or inappropriate. However, if the member feels uncomfortable or threatened or has difficulty expressing his/her concern, or if this does not resolve the concern, assistance should be sought from a supervisor or manager who is a rank higher than the alleged transgressor. 1012.5.2 FORMAL INVESTIGATION If the complaint cannot be satisfactorily resolved through the supervisory resolution process, a formal investigation will be conducted. The person assigned to investigate the complaint will have full authority to investigate all aspects of the complaint. Investigative authority includes access to records and the cooperation of any members involved. No influence will be used to suppress any complaint and no member will be subject to retaliation or reprisal for filing a complaint, encouraging others to file a complaint, or offering testimony or evidence in any investigation. Chesapeake Fire Department Policy Manual Discriminatory Harassment Copyright Lexipol, LLC 2023/04/01, All Rights Reserved.Published with permission by Chesapeake Fire Department Discriminatory Harassment - 5 Formal investigation of the complaint will be confidential to the extent possible and will include, but is not limited to, details of the specific incident, frequency, dates of occurrences and names of any witnesses. Witnesses will be advised regarding the prohibition against retaliation, and that a disciplinary process, up to and including termination, may result if retaliation occurs. Members who believe they have been discriminated against, harassed or retaliated against because of their protected status are encouraged to follow the chain of command but may also file a complaint directly with the Fire Chief, the Director of Human Resources or the City Manager. 1012.5.3 ALTERNATIVE COMPLAINT PROCESS No provision of this policy shall be construed to prevent any member from seeking legal redress outside the Department. Members who believe that they have been harassed, discriminated or retaliated against are entitled to bring complaints of employment discrimination to federal, state and/or local agencies responsible for investigating such allegations. Specific time limitations apply to the filing of such charges. Additionally, the complainant has the option of filing a complaint with the department's EEO Officer, through the City's Grievance System, or with the City's EEO Specialist. Members are advised that proceeding with complaints under the provisions of this policy does not in any way affect those filing requirements. 1012.6 DOCUMENTATION OF COMPLAINTS All complaints or allegations shall be thoroughly documented on forms and in a manner designated by the Fire Chief. The outcome of all reports shall be: (a) Approved by the Fire Chief, the City Manager or the Director of Human Resources, as deemed appropriate. (b) Maintained for the period established in the department’s records retention schedule. 1012.6.1 NOTIFICATION OF DISPOSITION The complainant and/or victim will be notified in writing of the disposition of the investigation and the action taken to remedy or address the circumstances giving rise to the complaint. 1012.7 TRAINING All new members shall be provided with a copy of this policy as part of their orientation. The policy shall be reviewed with each new member. The member shall certify by signing the prescribed form that he/she has been advised of this policy, is aware of and understands its contents, and agrees to abide by its provisions during his/her term with the Department. All members shall receive annual training on the requirements of this policy and shall certify by signing the prescribed form that they have reviewed the policy, understand its contents and agree that they will continue to abide by its provisions.