Des Plaines Police Department Policy on Discriminatory Harassment PDF

Policy Des Plaines Police Department 314 Des Plaines PD Policy Manual Discriminatory Harassment 314.1 PURPOSE AND SCOPE The purpose of this policy is to prevent department members from being subjected to discriminatory harassment, including sexual harassment and retaliation. Nothing in this policy i...

Policy Des Plaines Police Department 314 Des Plaines PD Policy Manual Discriminatory Harassment 314.1 PURPOSE AND SCOPE The purpose of this policy is to prevent department members from being subjected to discriminatory harassment, including sexual harassment and retaliation. Nothing in this policy is intended to create a legal or employment right or duty that is not created by law. 314.2 POLICY The Des Plaines Police 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 members 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 non-discrimination 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. 314.3 DISCRIMINATION PROHIBITED 314.3.1 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 actual or perceived race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, pregnancy, genetic information, veteran status, marital status, and any other classification or status protected by law (775 ILCS 5/1-103; 775 ILCS 5/2–102; 820 ILCS 180/30). 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; making 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. Copyright Lexipol, LLC 2024/02/13, All Rights Reserved. Published with permission by Des Plaines Police Department Discriminatory Harassment - 1 Des Plaines Police Department Des Plaines PD Policy Manual Discriminatory Harassment 314.3.2 SEXUAL HARASSMENT The Department prohibits all forms of discrimination and discriminatory harassment, including sexual harassment (775 ILCS 5/2–102). 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. 314.3.3 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 and Illinois Department of Human Rights 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 departmental rules or regulations, or any other appropriate workrelated communication between supervisor and member. 314.3.4 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. Retaliation will not be tolerated (820 ILCS 180/20; 820 ILCS 180/30). 314.3.5 HARASSMENT Harassment is any unwelcome conduct based on a classification or status protected by law that has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment, either within or outside of the physical area the individual is assigned to work (775 ILCS 5/2-101). Harassment, including sexual harassment, against non-employees in the workplace or while onduty (including contractors and consultants conducting business with the Department) is prohibited (775 ILCS 5/2-102). Copyright Lexipol, LLC 2024/02/13, All Rights Reserved. Published with permission by Des Plaines Police Department Discriminatory Harassment - 2