300-11 Discrimination, Harassment, and other Prohibited Conduct Flashcards
The Houston Police Department shall maintain a model workplace free from discrimination based on the protected categories listed in this General Order and free from…
sexual harassment, retaliation, and other prohibited conduct
To achieve this model work environment the Houston Police Department prohibits unlawful discrimination specifically including, but not limited to,…
The department also prohibits _____ among its employees and other workplace misconduct as described in this General Order.
Such aforementioned behavior and/or employee behavior that otherwise impairs the maintenance of a _____ is expressly prohibited and shall not be tolerated.
1) disparate treatment and workplace harassment including gender based harassment.
2) sexual harassment and retaliation
3) professional and dignified work environment
Some requirements and prohibitions listed in this General Order exceed what is required by law.
The department’s policy is to prevent precursory conduct from occurring before it…
becomes severe or pervasive as to harm employees, interfere with effective management, or violate the law.
This General Order governs employee conduct during…
This General Order also governs employee conduct in all City workplaces and vehicles, during business travel, and in any other location where City business is conducted, regardless of whether the property is owned or leased by the City.
Off-duty conduct may violate this General Order if…
The department and its employees shall…
1) working hours or during an off-duty, work-related social or recreational activity.
2) the subject matter or purpose of the conduct is not work-related and adversely impacts working relationships or the work environment.
3) take immediate and appropriate action to address violations of this order.
Alternative Dispute Resolution (ADR) Unit.
The departmental unit overseeing the Employee Relations Section (ERS) section.
CIO.
The Central Intake Office of the Internal Affairs Division.
Class I Violations.
Actions that are more than mere offensive utterances or displays of discriminatory or sexually suggestive materials.
Class II violations involving aggravating factors (e.g., supervisory status of the respondent over the complainant or a previous sustained disparate treatment, workplace harassment, sexual harassment, or retaliation complaint) shall be sent as Class I violations to Internal Affairs Division for formal investigation.
Class II Violations.
Actions that are only offensive utterances or displays of discriminatory or sexually provocative material and are eligible for informal resolution.
Complainant.
The person making a complaint of prohibited conduct as defined by this General Order.
The complainant may also be a third party who witnesses such conduct.
ADR refers to the complainant as the initiating party.
Employee Relations Section (ERS).
The section of the ADR Unit that has the primary responsibility for immediately determining, initiating, and creating a shielding plan for employees reporting prohibited conduct.
Family or Family Member.
Individuals who are related by blood or marriage, former spouses, or biological parents of the same child without regard to marriage. Family also includes foster children and foster parents regardless of residency. Family members may also include spouses, parents, grandparents, children, siblings, aunts, uncles, nephews, nieces, adopted children, cousins, and current in-laws.
Gender Based Harassment.
Discrimination or workplace harassment that is not necessarily sexual in nature, but is based on the gender or the gender identity of the employee.
Gender Identity.
An individual’s innate identification as either male or female, although it may
not correspond to the individual’s body or gender as assigned at birth.
Genetic Information.
Information about an individual’s genetic tests or the genetic tests of an individual’s family members, or information about any disease, disorder, or condition of an individual’s family members (e.g., an individual’s family medical history).
Prohibited Conduct.
Disparate treatment, workplace harassment, sexual harassment, retaliation, and other prohibited workplace conduct as defined or described in this General Order.
Protected Categories.
Specific categories listed in section 1 of this General Order.
These categories are based on Title VII Civil Rights Act (1964), Age Discrimination in Employment Act (ADEA) (1967), Title I Americans with Disabilities Act (ADA) (1990), the Pregnancy Discrimination Act, the Genetic Information Nondiscrimination Act of 2008 (GINA), including applicable amendments to such acts, and department policy.
Respondent.
The person or persons reported as the offender in a prohibited conduct complaint.
Severe or Pervasive Conduct.
In assessing whether conduct is sufficiently severe or pervasive, the department shall take into consideration the totality of circumstances including, but not limited to:
a. The frequency of the conduct.
b. The severity of the conduct.
c. Whether the conduct is physically threatening, humiliating, or merely an offensive utterance.
d. Whether the conduct interferes with an employee’s work performance.
Under the totality of circumstances, a single incident, if sufficiently severe, could be in violation of this General Order, as could a continuous or frequent pattern of much less severe incidents.
Subordinate.
An employee who reports, directly or indirectly, to a supervisor.
PROTECTED CATEGORIES
For conduct to be considered discrimination (e.g., disparate treatment, workplace harassment), it must involve misconduct based on at least one of the following protected categories:
a. Race
b. Color
C. Gender and/or gender identity
d. National origin
e. Religion
f. Pregnancy
g. Age
h. Disability
i. Sexual orientation
j. Genetic information
DISCRIMINATION
Discrimination includes, but is not limited to, decisions regarding employment based on a protected category listed in section 1 and that adversely affects an employee’s…
Discrimination can manifest as disparate treatment and/or workplace harassment as described below based on a protected category.
pay, status, position, or assignment, including opportunities for overtime pay and advancement, and includes decisions regarding recruitment, appointment, compensation, promotion, discipline, demotion, transfers, layoff, recall, termination, and training opportunities.
DISCRIMINATION
Disparate Treatment
Disparate treatment is when an employee of a protected category is treated less favorably than others and such actions are motivated by a discriminatory intent or purpose for taking a job-related action. Disparate treatment takes place when all of the following occur:
a.
The employee is a member of a _____ listed in section 1.
b.
The employee is qualified for a _____. For example, the employee applied for an open position for which he was qualified, or the employee held a position that he was performing adequately.
c.
The employee is denied the _____.
d.
The benefit remains available or…
e.
The employment action was motivated by a _____.
a.
The employee is a member of a protected category listed in section 1.
b.
The employee is qualified for a position or other job benefit. For example, the employee applied for an open position for which he was qualified, or the employee held a position that he was performing adequately.
c.
The employee is denied the position or other job benefit.
d.
The benefit remains available or was given to someone who is not in the employee’s protected category.
e.
The employment action was motivated by a discriminatory intent or purpose.
DISCRIMINATION
Workplace Harassment
Workplace harassment is any demeaning, hostile, or offensive conduct. For conduct to be workplace harassment, all of the following must be true:
a. The conduct is based on _____
b. The conduct is _____.
c. The conduct is severe or pervasive enough to…
Workplace harassment may be in the form of words, images, deeds, or actions.
In cases alleging workplace harassment, all reasonable efforts shall be made to shield complainants, up to and including a voluntary transfer of assignments away from the respondent, if deemed necessary by _____
1) The conduct is based on a protected category.
2) The conduct is unwelcome.
3) The conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.
4) Alternative Dispute Resolution’s Employee Relations Section (ERS).
SEXUAL HARASSMENT
Sexual harassment includes, but is not limited to,…
unwelcome sexual advances, unwelcome requests for sexual favors, or other unwelcome verbal or physical conduct of a sexual nature, or unwelcome displays or distribution of sexually-oriented material.
SEXUAL HARASSMENT
For conduct to be sexually harassing, at least one of the following must be true:
a.
Submission to such conduct is either an…
b.
Submission to or rejection of the conduct by an employee is used as the…
c.
The conduct has the purpose or effect of unreasonably interfering with an…
d.
The conduct is severe or pervasive enough to create a work environment that a…
In cases alleging sexual harassment, all reasonable efforts shall be made to shield complainants, up to and including…
1) explicit or implicit condition of employment.
2) basis for an employment decision affecting the employee.
3) employee’s work performance.
4) reasonable person would consider intimidating, hostile, or abusive.
5) a voluntary transfer of assignments away from the respondent.
Retaliation
The Houston Police Department forbids retaliation against anyone for…
reporting prohibited conduct, assisting in making a prohibited conduct complaint, cooperating in a prohibited conduct proceeding (e.g., investigation or lawsuit), or otherwise opposing conduct prohibited by this General Order.
OTHER PROHIBITED WORKPLACE CONDUCT
Other prohibited workplace conduct is conduct that does not rise to the level of discrimination (e.g., disparate treatment, workplace harassment), sexual harassment, or retaliation as defined above but may…
The other prohibited workplace conduct outlined in this section does not require…
1) impair the maintenance of a professional and dignified work environment.
2) any employee to find the conduct unwelcome
OTHER PROHIBITED WORKPLACE CONDUCT
Workplace Misconduct
The following examples, if deemed not to rise to the level of discrimination, sexual harassment, or retaliation as defined above, may constitute prohibited workplace conduct:
a. Sexually based…
b. Physical contact, including…
c. Sexually oriented communications regarding…
1) flirtations, advances, leering, whistling, or propositions.
2) touching, grabbing, pinching, or massaging
3) sexual history, sexual experience, or sexual desires.
OTHER PROHIBITED WORKPLACE CONDUCT
Workplace Misconduct
The following examples, if deemed not to rise to the level of discrimination, sexual harassment, or retaliation as defined above, may constitute prohibited workplace conduct:
d.
Threatening, either directly or indirectly, to…
e.
Withholding employment opportunities from an employee because a supervisor has chosen to…
f.
Conduct of a sexual nature that is inappropriate in a professional work environment. This includes either of the following:
- Conduct of a sexual nature that is _____ but does not meet the legal definition of sexual harassment.
- Conduct of a sexual nature that is consensual between two or more parties but…
1) retaliate against an employee who refuses to comply with or submit to a request of a sexual nature.
2) provide those opportunities to another employee with whom the supervisor is sexually involved
3) objectively offensive
4) is nonetheless inappropriate in a professional work environment
OTHER PROHIBITED WORKPLACE CONDUCT
Workplace Misconduct
The following examples, if deemed not to rise to the level of discrimination, sexual harassment, or retaliation as defined above, may constitute prohibited workplace conduct:
g.
Verbal conduct such as…
h.
Nonverbal conduct of a sexual nature, including…
i.
Graphic verbal comments about an…
g.
Verbal conduct such as insults, jokes, names, epithets, statements, or stories that are lewd, demeaning, derogatory, or objectively offensive.
h.
Nonverbal conduct of a sexual nature, including exposing oneself, touching oneself, or making sexual gestures.
i.
Graphic verbal comments about an individual’s body, bodily function, sexual prowess, sexual deficiencies, or sexual orientation.
