1003 - EEO/Anti-Harrassment And Anti-Discrimination

Question 1

Purpose of this policy:

Answer 1

This document establishes TFD’s policy on harassment, sexual harassment, discrimination and retaliation based on race, religion, color, creed, national origin or ancestry, sex, gender expression or identity, sexual orientation, veteran status, age, marital status, familial status, genetic information, the presence of any disability, or any sensory, mental or physical impairment, employment subject to USERRA or any other applicable local, state or federal laws.

Question 2

Philosophy of this document:

Answer 2

Philosophy 1. The Tacoma Fire Department’s policy on discrimination and harassment in the workplace is ZERO TOLERANCE.
2. It is also the policy of the Tacoma Fire Department that employee harassment and discrimination against any member of the public is prohibited. All expectations and directives of this policy, to the extent relevant, apply to the behaviors of employees when interacting with citizens.

Question 3

Any employee operating outside of TFD’s expectations as set forth in this document will be deemed to be functioning beyond the scope of his or her employment. In those circumstances, TFD may be relieved of its obligation to provide for that employee a legal defense or a financial shield from aggrieved parties.
True or false

Answer 3

True

Question 4

Reports of alleged discrimination, harassment, or retaliation must be investigated whether or not the complaining individual wishes to file a formal complaint.
True or false?

Answer 4

True

Question 5

Who shall be responsible for:

1. Reading and abiding by the policy and procedures set forth in this document, including but not limited to:
   a. Employee responsibilities
   b. TFD rules
   c. Procedures
   d. Expected response to an allegation about his/her behavior
2. Helping to make the TFD workplace a professional and productive environment for all employees by exhibiting professional and respectful behavior toward all other employees and toward all those with whom they come in contact
3. Reporting as soon as possible all incidents of inappropriate behavior, discrimination, harassment, and/or retaliation in accordance with the guidelines set forth in this document

Answer 5

All TFD employees

Question 6

Who shall be responsible for:

1. Reading and abiding by the policy and procedures set forth in this document
2. Appropriately and immediately addressing any inappropriate behavior, including but not limited to discrimination, harassment, and/or retaliation in accordance with of the guidelines set forth in this document
3. Understanding that TFD may hold him/her accountable for any inappropriate behavior on the part of an employee for which s/he has failed to take appropriate action
4. Documenting and reporting to a TFD EEO Officer:
   a. All situations involving alleged discrimination and harassment even if they were able to handle the issue/s at their level
   b. Any situation involving alleged retaliation
5. Informing his/her own supervisor of any situation involving alleged discrimination, harassment, and/or retaliation to ensure that an awareness of such a situation travels up the chain of command

Answer 6

All TFD Supervisors

Question 7

Who shall be responsible for:

1. Being available at his/her earliest opportunity to discuss employee’s allegations or concerns regarding discrimination, harassment, and or retaliation
2. Knowing and following the procedures for processing allegations and/or complaints received from external compliance entities in accordance with PMP 130
3. Notifying the Fire Chief when issues arise
4. Notifying the City’s EEO office when issues arise
5. Scheduling classroom sessions and subsequent make-up sessions as necessary to enable each employee to receive the TFD EEO/Anti- Discrimination and Anti-Harassment Policy and Procedures, along with any updates, on an annual basis
6. Obtaining signatures on the TFD EEO Policy Acknowledgement Form
7. Maintaining this document

Answer 7

The TFD EEO Officer(s)

Question 8

Who shall be responsible for:

1. Ensuring TFD personnel attend annual EEO training
2. Delivering make up sessions for personnel unable to attend annual EEO training

Answer 8

TFD Battalion Chiefs

Question 9

What is an EEO External Compliance Agency?

Answer 9

Compliance agencies including the Federal, State and Local agencies that enforce Title VII Civil Rights Laws such as the Federal Equal Employment Opportunity Commission, The Washington State Human Rights Commission or the Tacoma Human Rights and Human Services Department.

Question 10

What is Harassment Based on Protected Class Membership?

Answer 10

Harassment is a form of discrimination that can include but is not limited to:

1. Conduct demonstrating a negative bias toward a protected class, such as making verbal or physical threats, engaging in hostile or angry behavior
2. Possessing, displaying or circulating offensive or objectionable pictures, literature, electronic mail or other printed matter in the workplace that portray a biased or stereotypical view of a protected class
3. Telling jokes, using threatening or offensive words, engaging in activities in the workplace that derogate or demean a protected class, in or out of the presence of class members

Question 11

The following are some examples of conduct prohibited in the TFD workplace (these examples are intended to be illustrative only and are by no means an exhaustive list):

Answer 11

1. Vulgar, inappropriate or sexual comments, jokes, stories or innuendoes
2. Obscene gestures
3. Graphic or suggestive comments about someone’s body or manner of dress
4. Gossip or questions or spreading rumors about someone’s sexual conduct or orientation
5. Vulgarity, leering, inappropriate or unwanted touching and obscene or suggestive gestures; including fondling and/or sexual assault
6. Displaying or circulating sexually suggestive photographs, cartoons, graffiti and the like in the workplace
7. Using sexual attributes to tease, intimidate, offend or coerce others
8. Unwelcome and repeated flirtations, unwelcome and repeated requests for dates and the like; and/or subtle pressure for sexual activity, including unwelcome but apparently sanction-free sexual advances by a supervisor to a subordinate
9. Solicitation or coercion of sexual activity, dates or the like, implied or express promise of rewards or preferential treatment; or express threats of punishment
10. Using one’s position in any way to retaliate against at an employee who has rebuffed flirting, requests for dating or requests for sex
11. Promising or suggesting preferential treatment or other workplace rewards to an employee in exchange for sex or his or her agreeing to tolerate inappropriate workplace activity, speech or material
12. Intimidating, hostile, derogatory, contemptuous or otherwise offensive conduct or remarks that are directed at a person because of that person’s sex, whether or not the remarks themselves are sexual in nature
13. Sexual activity, even with apparent consent
14. Retaliation against an employee for refusing sexual or social overtures, for complaining about sexual harassment or for cooperating with the investigation of an allegation or complaint

Question 12

What is USERRA?

Answer 12

Uniform Services Employment and Re-employment Rights Act.

Question 13

General guidelines:

Answer 13

1. The Tacoma Fire Department has ZERO TOLERANCE for discrimination, harassment and retaliation.
2. All TFD employees shall attend annual EEO training delivered by TFD EEO Officers and/or guest EEO experts or make up sessions delivered by Battalion Chiefs.

Question 14

10. Complaining parties may/may not be entitled to know the exact nature of the disciplinary measures taken, but they are/are not entitled to know about measures directly affecting them, such as directives to others to cease identified behaviors.

Answer 14

May not

Are

Question 15

9. A solution may include:

Answer 15

a. Counseling an offender and/or the person/s making the allegation
b. Discipline, training and/or other measures as necessary

Question 16

Although TFD intends to preserve confidentiality to the greatest degree allowable; TFD cannot guarantee that an allegation can remain completely confidential under the law.
True or false?

Answer 16

True

Question 17

If assigned to deliver make up EEO training sessions, Battalion Chiefs shall/shall not delegate delivery of such sessions to a lower ranking individual.

Answer 17

Shall not

Question 18

Failure to adhere to TFD Policy 1003: EEO/Anti-Discrimination and Anti- Harassment may result in:

Answer 18

disciplinary action, up to and including termination.

Question 19

Employees shall be given an opportunity to have any allegation against them disproved in accordance with their procedural rights set forth in various City of Tacoma ordinances, administrative directives, and any pertinent collective bargaining agreements.
True or false?

Answer 19

True

Question 20

As a condition of employment, all TFD employees will be required annually to sign two copies of TFD’s EEO Policy Acknowledgement Form after first having the opportunity to read this document and ask questions.
Where do the two copies go?

Answer 20

a. The employee will keep one signed copy

b. The other signed copy will be retained in the employee’s personnel file at TFD Headquarters

Question 21

What must an employee do if engaged in any relationship with another employee?

Answer 21

Notify his/her supervisor when engaged in a romantic, dating or sexual relationship with another employee for whom s/he provides supervision and immediately make arrangements to remove him/herself from that employee’s chain of supervision; this includes occasions when an employee is “working up” in an in-charge position.

Question 22

Once a solution to an issue has been imposed, contact the involved parties or make arrangements for contact by an officer in the chain of command: when?

Answer 22

a. On the first day/shift after the corrective action was taken during which both parties work AND
b. At least twice per month after the first contact, for a minimum of six months, to confirm the inappropriate behavior has ceased
i. TFD Supervisors may make more frequent contact with the involved parties as necessary and appropriate

Question 23

What should supervisor do if aware of an employee relationship with another employee?

Answer 23

Avoid placing one co-worker under the supervision of another when aware that a romantic, dating and/or sexual relationship exists between the two employees

7. If the supervisor is in a romantic, dating and/or sexual relationship with a TFD employee, s/he shall immediately make arrangements to remove him/herself from the chain of supervision of that employee

Question 24

PROCEDURE FOR REPORTING DISCRIMINATION, HARASSMENT OR RETALIATION

Answer 24

All TFD Employees If at any time you believe you are being or have been subjected to discrimination, harassment and/or retaliation, or if you become aware of such conduct being directed at a co-worker, or if you believe another employee has received more favorable treatment because of discrimination, you shall:

1. Review this policy
2. Select one of the following courses of action:

A. Speak with the offending party or if you are uncomfortable doing so, seek assistance immediately from your supervisor
1. If you speak directly with the offending party to resolve the issue:
a. Be clear and direct
b. Tell the person that their behavior is offensive
c. Explain exactly what the unwelcome behavior is
d. Ask the employee to stop the behavior immediately
e. Inform your supervisor if the direct approach fails to stop the unwelcome behavior
B. If your supervisor is the offending person/s or you are not comfortable seeking assistance from your supervisor, seek assistance from the next supervisor in the chain of command
C. If you are not comfortable seeking assistance from the next supervisor in the chain of command, seek assistance immediately from:
1. A TFD EEO Officer or
2. A non-involved supervisor or
3. A Bureau Chief or
4. The TFD Fire Chief or
5. The City EEO Office or
6. An EEO External Compliance Agency
3. Participate in the investigation; be truthful and cooperate with the fact- finding efforts to the best of your knowledge and ability
4. After a resolution to the issue has been reached and implemented, report back to the person who arranged the solution if the unwelcome behavior continues
a. From this point forward, do not try to resolve the situation with the offending party by yourself
b. Do not remain silent
5. If you cannot obtain further satisfactory assistance from the person who arranged the solution, immediately seek assistance from the next supervisor in the chain of command and/or the TFD EEO Officer or another resource identified above

Question 25

PROCEDURE FOR HANDLING ALLEGATIONS ABOUT YOUR OWN BEHAVIOR

Answer 25

All TFD Employees
If someone makes an allegation about your behavior you shall:
1. Review this policy
2. Acknowledge that an issue exists a. Acknowledging that an issue exists is not admitting that you are wrong, that your behavior is inappropriate, or even that the issue is somehow yours 3. Seek guidance from your supervisor or a TFD EEO Officer if you believe you have done nothing wrong
4. Contact a TFD EEO Officer directly to discuss your concerns regarding alleged discrimination, harassment and/or retaliation at any point in the process
5. Participate in the process
6. Seek clarification if you do not fully understand either the issue or the solution
7. Do nothing that makes a solution more difficult to achieve should it be determined that the issue is not yours
8. Take no retaliatory action against the person who made the accusation or against anyone who participated in the investigation no matter how unfair or undeserved you believe an accusation to be
9. Consider seeking professional help from the Employee Assistance Program or from your health care provider if you are having difficulty handling your feelings about an accusation against you

Question 26

PROCEDURE FOR RECEIVING REPORTS OF DISCRIMINATION, HARASSMENT, RETALIATION OR INAPPROPRIATE BEHAVIOR

Answer 26

All TFD Supervisors When an allegation, concern or issue is reported, supervisors shall:

1. Review this policy
2. Attempt to resolve the issues at the lowest possible supervisory level, with the following exceptions:
   a. For situations you do not know how to handle, contact your supervisor for guidance and/or a TFD EEO officer
   b. For situations involving retaliation, immediately document and report them to a TFD EEO Officer
3. Document and report to a TFD EEO Officer all situations involving alleged discrimination and/or harassment, even if you were able to handle the issue/s at your level
   a. Be aware that employees have the option of reporting the issue directly to a TFD EEO Officer or other resources outside the chain of command
4. Determine the appropriate response
5. If the conflict is between co-workers or between a supervisor and an employee, follow the Standard Internal Response Procedure

Question 27

PROCEDURE FOR STANDARD INTERNAL RESPONSE All TFD Supervisors

Answer 27

1. Document each step of the process.
2. Immediately notify the TFD EEO Office, who will then notify the City’s EEO Office, if an allegation includes any of the following:
   a. A sexual assault charge such as rape or groping or
   b. An accusation of widespread discrimination or harassment or
   c. An accusation of deliberate job decisions about tangible employment matters based upon harassment, sexual harassment, discrimination and or retaliation regarding race, religion, creed, color, national origin or ancestry, sex or gender, gender expression or identity, sexual orientation, veteran status, age, marital status, familial status, genetic information, the presence of any sensory, mental or physical disability, employment subject to USERRA or any other applicable local, state or federal laws or
   d. The involvement of any officer of the rank of Battalion Chief or above, or any of the personnel of departments other than TFD or
   e. Any indication that the media is aware of the allegation or complaint in order for all necessary city officials to be informed in a timely manner or
   f. Any facts with political, sensational, or sensitive overtones or
   g. Any reports of discrimination, harassment and or retaliation by or from any person/s, department, agency, and or entity from outside of TFD
3. Immediately report the allegation to the Chief, a Deputy Chief, or an Assistant Chief if unable to contact anyone from the TFD EEO Office.
4. If you are not sure whether an allegation should be reported, contact a TFD EEO Officer.
5. For allegations involving harassment or improper physical touching, make a preliminary determination as to whether the person/s making the allegation and the alleged offender must be separated until the investigation is completed.
6. Remind involved employees that any action taken at this stage to separate employees should not be construed as disciplinary.
7. If the person/s making the allegation voices discomfort about remaining in contact with the alleged offender, immediately seek the advice of a TFD EEO Officer.
8. Do not transfer the person/s making the allegation away from the alleged offender unless directed to do so.
9. Take no disciplinary action against an alleged offender unless and until an incident of misbehavior is confirmed, and take no immediate action (except as described in this policy) unless it appears necessary.
10. Investigate the situation, even if a formal report or allegation has not been brought forth, as follows:
    a. Remind all involved parties of their responsibilities as listed in this document
    b. Stress that TFD will not tolerate any retaliation against anyone who has brought forth an allegation or complaint or against anyone who participates in the investigation
    c. Interview the person/s who brought forth the allegation
    d. Interview the person/s alleged to have displayed the inappropriate behavior
    e. Interview witnesses as necessary
    f. Respect confidentiality as much as possible; be discreet. Inform the involved parties that efforts will be made to keep the matter confidential but this is not possible in all cases
11. Inform your supervisor of the facts you have discovered and of your planned course of action.
12. Document in writing the information you receive when you become aware of an issue and also document steps you take throughout this process. a. Document to the degree demanded by the seriousness of the situation
13. As issues are identified, re-evaluate whether you can resolve the situation at your level of supervision—if in doubt, seek guidance from your supervisor.
14. Inform the complaining party and the alleged misbehaving party when your investigation is over and explain proposed solutions, if any.
    a. Remind them that retaliation will not be tolerated
15. Make known the availability of the Employee Assistance Program to everyone involved.
16. Monitor the situation in accordance with the guidelines set forth in this document and in addition:
    a. Determine if any inappropriate actions have allegedly been taken against the person(s) who brought forth the allegation or complaint or against others who participated in the investigation; report your findings to a TFD EEO Officer
    b. Should you discover that the inappropriate behavior has not ceased despite a directive that it stop, or that retaliatory actions have occurred, report the issue to your supervisor and/or to a TFD EEO officer to ask for guidance on how to proceed
    1. It is not acceptable to simply repeat previous steps
    c. Continue to document your actions and the responses of others during this periodd. Upon the successful conclusion of the monitoring phase, inform the involved person/s that although you will no longer seek his or her confirmation, you expect that s/he will notify you if the inappropriate behavior returns or if s/he believes retaliatory actions occur 17. If you reported the situation to a TFD EEO Officer at any time since receiving the allegation, or if the facts now indicate that the situation is reportable, SEND TO A TFD EEO OFFICER A FINAL WRITTEN REPORT in TFD Memorandum or e-mail format that includes the following: a. Name(s) of everyone involved in the incident(s) b. Name(s) of the individual(s) who reported the incident(s) c. Description of the behaviors in alleged violation of this policy d. Summary of the facts that were gathered related to item C (above) e. List of the actions taken to handle and conclude the investigation f. Conclusion as to whether this policy was violated g. Any written statements or other documentation received h. List of the actions taken to correct the situation (if any action has been taken) i. Timeline with specific dates for monitoring by the supervisor, in accordance of the guidelines set forth in this document, to ensure the situation has been resolved
    j. Description of the current situation (indicate how you know the issue has been resolved)

Question 28

TFD EEO Officers can be reached as follows:

Answer 28

Jolene Davis 591-5010 (office) 973-0086 (cell) 428-9086 (pager) jdavis2@cityoftacoma.org
Jeff Chandler jchandle@cityoftacoma.org 683-0335 (cell)
Tory Green 573-2333 (office) 606-9006 (cell) 428-9221 (pager) tgreen@cityoftacoma.org