FR-A-107 DISCRIMINATION HARRASSMENT AND RETALIATION.pdf

TO: ALL PALM BEACH COUNTY FIRE RESCUE PERSONNEL FROM: MICHAEL C. MACKEY FIRE RESCUE ADMINISTRATOR PREPARED BY: FIRE RESCUE PPM COMMITTEE SUBJECT: DISCRIMINATION HARRASSMENT A...

TO: ALL PALM BEACH COUNTY FIRE RESCUE PERSONNEL FROM: MICHAEL C. MACKEY FIRE RESCUE ADMINISTRATOR PREPARED BY: FIRE RESCUE PPM COMMITTEE SUBJECT: DISCRIMINATION HARRASSMENT AND RETALIATION PPM #: FR-A-107 ISSUE DATE EFFECTIVE DATE May 12, 2014 January 15, 2019 PURPOSE: The purpose of this policy is to ensure the County complies with Federal, State and local laws prohibiting discrimination on the basis of race, color, religion, national origin, gender, age, marital status, veteran status and disability. Through compliance with these laws Palm Beach County shall create and maintain a work environment in which people are treated with dignity, decency and respect. UPDATES: Future updates to this PPM are the responsibility of the Deputy Chief of Administration, in conjunction with the PPM Committee, under the authority of the Fire Rescue Administrator. AUTHORITY:  Fire Rescue Administrator  Equal Pay Act of 1963  Florida Civil Rights Act of 1992  Title VII of Civil Rights Act of 1964, as amended  Americans with Disability Act of 1990  Age Discrimination in Employment Act of 1967  Vietnam Veterans Readjustment Assistance Act of 1974  PPM-CWP-029  The Rehabilitation Act of 1973  Palm Beach County Ordinance 95-31, as may be amended. SCOPE: This policy applies to all Palm Beach County Fire Rescue personnel and reservists. POLICY: Fire Rescue shall not tolerate unlawful discrimination, harassment of any kind, retaliation or creating a hostile work environment. It is the responsibility of the Board of County Commissioners to insure that Palm Beach County is in compliance with all applicable anti- discrimination statues. As an Equal Opportunity/Affirmative Action employer, Palm Beach County Board of County Commissioners is committed to exercising fair employment practices in all terms and conditions of employment for all Fire Rescue personnel and applicants for employment regardless of race, age, color, religion, national origin, disability, gender, marital status, sexual orientation or veteran status. FR-A-107/Page 1 of 5 PROCEDURE: 1. General: a. All personnel shall behave in a professional manner. Utilizing the following procedures, and by educational programming tools, it is the intent of the Fire Rescue to seek out, to prevent, correct and discipline behavior that violates this policy. b. Fire Rescue shall provide annual training for all supervisors of bargaining unit Fire Rescue personnel on this policy with respect to prevention, recognition, documentation and appropriate corrective action. c. Fire Rescue shall post on the Intranet site information relative to the County’s Office of Equal Employment Opportunity. d. All personnel must comply with this policy and are responsible for compliance with Discrimination, Harassment, Reasonable Accommodation, and Retaliation in the Workplace (PPM CW-P-029). Personnel are prohibited from: i. Using a county computer to send offensive jokes or other material. ii. Using a county computer or connection to an internet provider while in a county facility for the purpose of connecting to a site which may be sexually offensive. iii. Displaying materials which may be offensive to others. iv. Viewing television programs, cell phone pictures, or network sites, which may be offensive to others. v. Sexting or texting which may be offensive to others. e. While on duty or off duty Employees are prohibited from disseminating content that is inconsistent with the duties, conduct, and responsibilities of a Fire Rescue employee including content that could be reasonably interpreted as having an adverse effect upon Fire Rescue morale, discipline, operations, the safety of staff, or perception of the public. i. For example, unprofessional, unbecoming, illegal, unethical, sexual, violent, harassing, racist, sexist, or ethnically derogatory comments, pictures, artwork, videos, material or other such references all tend to undermine the public trust and confidence required by employees of the Fire Rescue. 2. Responsibilities: a. It is the responsibility of Fire Rescue personnel to bring any evidence of discrimination, sexual harassment, retaliation, or hostile work environment to the attention of their immediate supervisor so the matter can be immediately investigated and appropriate action taken. Supervisors have the responsibility to act promptly to eliminate any discrimination that exists in the area within their supervision. Acts or sexual harassment or retaliation, supervisors having knowledge of discriminating practices, must take immediate and effective action to address the problem. b. Actions that can be taken by an immediate supervisor in the workplace should include, but is not limited to: i. Assuring the inappropriate behavior is stopped ii. Speaking directly to persons involved in the incident iii. Documenting the incident (i.e., station logbook, memo, etc.) iv. Issuing a counseling form FR-A-107/Page 2 of 5  c. The immediate supervisor should consult with the next level supervisor for such actions as: i. Developing a record of the discriminatory activity. ii. Issuing disciplinary action. iii. Consulting with the Palm Beach County Fire Rescue Office of Internal Affairs for an investigation to determine if corrective or disciplinary action is warranted. The Palm Beach County Fire Rescue Office of Internal Affairs may coordinate the investigation with the Diversity and Development Section of the Human Resources Department. 3. Discrimination/Harassment: a. It is a violation of this policy to discriminate in the provision of employment opportunities, benefits and privileges. It is also a violation of this policy to create discriminatory work conditions, or to use discriminatory evaluation standards in employment settings if the practice adversely affects in whole or in part, the person’s race, age, color, religion, national origin, disability, gender, marital status, sexual orientation or veteran status. b. To accomplish this objective, Fire Rescue shall: i. Ensure that Fire Rescue personnel work in an environment free of harassment on the basis of race, age, color, religion, national origin, disability, gender, marital status, sexual orientation or veteran status. ii. Recruit, hire, train, and promote persons in all job titles, without regard to race, age, color, religion, national origin, disability, gender, marital status, sexual orientation or veteran status. iii. Ensure that all personnel actions such as compensation, benefits, transfers, layoffs, County sponsored and/or approved training, education, tuition reimbursement, social and recreation programs are administered without regard to race, age, color, religion, national origin, disability, gender, marital status, sexual orientation or veteran status. iv. Employ and promote qualified individuals with disabilities and veterans of all Department of Defense Conflicts with or without reasonable accommodation, who can perform the essential functions of a position. v. Make employment decisions so as to further the principle of equal employment opportunity and which are within the spirit of the federal, state, and local statutes prohibiting discrimination. 4. Sexual Harassment: a. Fire Rescue shall not tolerate any behavior, including verbal or physical conduct, which constitutes sexual harassment. Fire Rescue personnel are accountable for compliance with this policy. Violations may lead to disciplinary action as identified in the Disciplinary Guidelines (PPM FR-A-101). b. Unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature shall constitute sexual harassment when: i. Submission to such conduct is either explicitly or implicitly a term or condition of an individual’s employment, or ii. Submission to or rejection of such conduct is used as the basis for employment decisions affecting that individual, or FR-A-107/Page 3 of 5  iii. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance, or of creating an intimidating, hostile or offensive environment for working. c. Sexual harassment is any unwelcome verbal and/or physical conduct of a sexual nature including to, but not limited to, the following types of behavior: i. Sexually degrading words or gestures used to describe an individual. ii. Comments about an individual’s body, clothing or lifestyle which have sexual implications; repeated offensive flirtations, leering or ogling, sexual advances and propositions, verbal abuse of a sexual nature. iii. Conduct of a sexual nature that interferes with an individual’s work performance or creates an intimidating, hostile or offensive environment. iv. Display of sexually demeaning objects, pictures, or cartoons in areas accessible to Fire Rescue personnel or members of the public. v. Implied or direct threats or insinuations that an individual’s refusal to submit to sexual advances shall adversely affect the individual’s employment status, evaluation, wages, advancement, assigned duties or career development. vi. Solicitation of sexual activity by promise of rewards to the individual’s performance, evaluation, wages, advancement, assigned duties or career development. vii. Unnecessary and/or unwanted touching, patting, pinching, or brushing another’s body or clothing. viii. Stalking, telephone or computer harassment, or sexual assaults. d. Sexual harassment may occur among co-workers or when a person who is in a position to control, influence, or affect another individual’s job or career standing uses this power to either coerce the subordinate into sexual relationships or punish a refusal to participate in sexual activity. e. Consenting relationship may constitute sexual harassment under this policy when a professional power differential exists between Fire Rescue personnel and a romantic or sexual relationship develops. There is a potential for abuse of power, even in relationships of apparent mutual consent. Fire Rescue strongly discourages sexual relationships between a supervisor and a subordinate. 5. Retaliation: a. Retaliation or attempted retaliation is a violation of this policy and shall be subject to disciplinary action as identified in the Disciplinary Guidelines (PPM FR-A-101). No hardship, no loss of benefit, and no penalty may be imposed on Fire Rescue personnel as punishment for: i. Filing or responding to a bona fide complaint of discrimination or harassment, or ii. Appearing as a witness in the investigation of a complaint. b. Any established incidents of discrimination, retaliation or sexual harassment by any Fire Rescue personnel shall result in disciplinary action in accordance with Disciplinary Guidelines (PPM FR-A-101). It is the responsibility of Fire Rescue personnel, including those in supervisory and management positions, to bring to Fire Rescue’s attention any evidence of such discrimination, retaliation or sexual harassment. 6. Filing a Charge: FR-A-107/Page 4 of 5  a. Fire Rescue personnel that believes they have been discriminated, sexually harassed or retaliated against may file a complaint with: i. Fire Rescue’s Office of Internal Affairs; or ii. The Diversity and Development Section of Palm Beach County’s Human Resources Department (Attention: Manager, Diversity and Development, Airport Center Building #1, 100 Australian Avenue, West Palm Beach, FL 33406 (561) 616-6888); or iii. The Florida Commission on Human Relations (in person, phone or mail. 2009 Apalachee Parkway, Suite 100, Tallahassee, Florida 3230); or iv. The U.S. Equal Employment Opportunity Commission (EEOC) with jurisdictional authority (i.e. Miami District Office, which is located at One Biscayne Tower, Suite 2700, 2 South Biscayne Boulevard, Miami, Florida 33131, (305) 536-4491); or v. Palm Beach County’s Office of Equal Opportunity (215 North Olive Avenue, Suite 130, West Palm Beach, FL 33401 (561) 355-4883). b. Complaints filed with the Florida Commission on Human Relations must be filed within 365 days from the date of the discriminatory action. c. Charges filed with the U.S. Equal Employment Opportunity Commission or Palm Beach County’s Office of Equal Opportunity must be filed within 300 days of the date of the violation. ______________________________ MICHAEL C. MACKEY FIRE RESCUE ADMINISTRATOR Supersession History 1. PPM#FR I-60, issued 03/15/1995 2. PPM#FR I-60, issued 01/06/2012 3. PPM#FR I-60, issued 06/12/2014 4. PPM#FR A-107, clerical 03/01/2018 5. PPM#FR A-107, reviewed 07/06/2018 6. PPM#FR A-107,clerical 1/15/2019 FR-A-107/Page 5 of 5