300-11 Discrimination, Harassment, and Other Prohibited Conduct Flashcards
To achieve this model work environment
the Houston Police Department prohibits
unlawful discrimination specifically including,but not limited to, ______, ______. and _____ as well as retaliation among
its employees.
disparate treatment,workplace harassment, and sexual harassment,
Such aforementioned behavior
and employee behavior that otherwise impairs the maintenance of a _______ and ________ work environment
is expressly prohibited and shall not be
tolerated.
professional
and dignified
The department's policy is to prevent \_\_\_\_\_\_\_ from occurring before it becomes \_\_\_\_\_\_ or \_\_\_\_\_\_ as to harm employees, interfere with effective management, or violate the law.
precursory conduct
severe or pervasive
This General Order governs employee
conduct during working hours or during
an _______, ______ social or recreational
activity.
off-duty, work-related
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 \_\_\_\_\_ or \_\_\_\_\_\_ by the City.
owned or leased
Off-duty conduct may violate
this General Order if the _____ or _________is not work related
and adversely impacts working relationships or the work environment.
subject matter or purpose of the conduct
The department and its employees shall
take _____ and ______ action to
address violations of this order.
immediate and appropriate
Class I Violations.
Actions that are more
than mere offensive utterances or displays
of discriminatory or sexually suggestive
materials.
OR
Class II violations involving
aggravating factors 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.
ERS.
The Employee Relations Section of ADR is the primary unit responsible for immediately determining, initiating, and creating a shielding plan for employees reporting prohibited conduct.
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.
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 \_\_\_\_\_ or \_\_\_\_\_\_\_\_ pattern of much less severe incidents.
continuous or frequent
For conduct to be considered discrimination (e.g., disparate treatment, workplace harassment, or sexual harassment), it must involve misconduct based upon one of these nine protected categories:
a. Race
b. Color
c. Religion
d. Gender (including pregnancy)
e. National origin
f. Age
g. Disability
h. Sexual orientation
i. Genetic information
Discrimination includes as described below, ______, ______. and ______ based upon a protected category.
disparate treatment,
workplace harassment, and sexual
harassment
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 qualified for a position.
b. The employee is replaced by someone outside the employee's protected category or is treated less favorably than a similarly situated employee outside his protected category.
c. The employee is subject to an adverse
employment action.
d. The employment action was motivated
by a discriminatory intent or
purpose.
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 upon a protected
category.
b. The conduct is unwelcome.
c. The conduct is severe or pervasive
enough to create a work environment
that a reasonable person would consider
intimidating, hostile, or abusive.
Workplace harassment may be in the
form of words, deeds, or actions
In cases alleging workplace harassment or sexual harassment ,
all reasonable efforts shall be made to _______, _________, if deemed necessary by Alternative Dispute Resolution’s Employee Relations Section.
.
shield complainants, up to and including a
voluntary transfer of assignments away
from the respondent,
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 sexuallyoriented
material. For conduct to be sexually harassing, at least one of the following must be true:
a. Submission to such conduct is either
an explicit or implicit condition of employment.
b. Submission to or rejection of the conduct by an employee is used as the
basis for an employment decision affecting
the employee.
c. The conduct has the purpose or effect
of unreasonably interfering with an
employee’s work performance.
d. The conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.
The Houston Police Department forbids
retaliation against anyone for ______, _______, _________ or otherwise
opposing conduct prohibited by this
General Order.
reporting prohibited conduct, assisting in making a prohibited conduct complaint, cooperating in a prohibited conduct proceeding
Read
Section 4 “Other Prohibited Conduct”
Employees in a supervisory position shall
keep their relationships with subordinates
on a professional basis and shall exercise
_______ by not dating or having
intimate relationships with individuals
who report, directly or indirectly, to the
supervisor as described below.
good judgment
The department may take ______ action
any time a consensual relationship between employees becomes unwelcome,
adversely affects any employee’s work
environment, or violates any other provision of this General Order.
remedial
Employees who hold the same rank are
allowed to work at the same division or
worksite with family members and other
employees with whom they share a residence but such employees are prohibited from ______ .
riding together
Employees who hold different ranks are prohibited from working in the same division or in the same chain of command with family members or other employees with whom they share a residence unless one of the following conditions exists:
a. Separation by at least three ranks and
no direct supervision.
b. Separation by shift (Le. days, evenings,
or nights).
c. Separation by work site (i.e. different
HPD facilities).
All cases of prohibited conduct shall be
handled ______ and with ________
to protect the interests of all parties involved.
immediately and with sensitivity
If employees notify supervisors regarding
such issues, the supervisors shall _______ as directed in this General
Order.
report the incidents
The Alternative Dispute Resolution (ADR)
office, Employee Relations Section (ERS)
facilitator may appropriately discuss limited
aspects of ERS cases when it is a _________.
.
management necessity
All employees, regardless of rank, shall
fully _______ with ADR, ERS, and Internal
Affairs Division (lAD) in the investigation,
handling, and shielding processes
related to this General Order.
cooperate
Employees who ______ or _________
of prohibited conduct shall report the
conduct immediately as described in this
section.
witness prohibited conduct
or who believe they are the subject
Supervisors who _____, ______ or __________of prohibited
conduct are required to report the prohibited conduct and cannot agree to do otherwise.
witness, are advised of,
or otherwise become aware
Once a supervisor is aware of
prohibited conduct, the supervisor shall
do both of the following:
a. Take immediate and appropriate action
to stop and/or prevent further
misconduct. The supervisor shall implement interim shielding if necessary
(see section 9).
b. Promptly report the prohibited conduct
to the ERS facilitator (no later than 24
hours from discovery of the incident).
If circumstances indicate that the ERS facilitator should be notified immediately (e.g., the misconduct is egregious or the victim needs additional support) the supervisor shall do so
In the event immediate assistance is needed after normal business hours, employees shall contact the ________.
Command Center.
While employees may utilize any of the
reporting methods listed below, the preferred method for employees to report prohibited conduct __________.
(preferred method) is through ADR’s EmployeeRelations Section.
While employees may utilize any of the
reporting methods listed below, the preferredmethod for employees to report
prohibited conduct is through ADR’s Employee Relations Section.
This enables the department to take immediate action to:
a. Determine the nature of the complaint.
b. Ensure the complaint is properly assigned
to the appropriate unit for handling.
c. Implement an immediate shielding plan
for the complainant if necessary.
Employees who witness prohibited conduct or who believe they are the subject of prohibited conduct shall report the conduct
immediately to one of the following:
- Their immediate supervisor
- ADR, Employee Relations Section
- Internal Affairs Division
- Equal Employment Opportunity Commission
• Texas Workforce Commission, Civil
Rights Division
________ is the best tool available to
maintain a model workplace free from
workplace harassment, sexual harassment,
and other forms of discrimination.
Prevention
Therefore, supervisors shall take _______ to prevent prohibited conduct.
proactive measures
Read
Section 7 “ Standards of Supervision”
________ and _______shall ensure that such materials are prominently
displayed at all divisions and work areas.
Commanders and mid managers
________ and _______are required to make periodic on-site visits to the various work locations for which they are responsible to ensure compliance.
Assistant chiefs and division commanders
_______ is the primary unit responsible for
immediately determining, initiating, and
creating a shielding plan for employees.
ERS
Read
Section 8 “ERS Responsibilities”
When ERS determines a Chief of Police
Notification is needed, ERS shall forward
written notification of the incident to the
Chief of Police via the ADR chain of
command ________ of receiving
notice of the issue.
within 48 hours
Shielding is _______ taken to ______in cases involving allegations
of prohibited conduct
preventative action, protect employees
Read
Section 9 “Shielding”
Interim shielding is a shielding action
taken near the time ________
was discovered. Interim shielding remains
in place only until a final shielding plan is
approved by the Chief of Police.
the alleged violation
The complainant’s supervisor may provide
_____________ of the complainant
pending directions from an ERS facilitator
concerning the issue.
interim shielding
Read
Section 10 “IAD/CIO Responsibilities”
Class II complaints may be resolved by
________ an lAD investigation.
means other than
Informal resolutions may be accomplished through mediation, training, chain of command management plan, counseling, or any other process approved by the Chief of Police. Informal resolutions shall be administered through \_\_\_\_\_\_.
ADR
If anyone involved with the complaint declines to participate in the informal resolution process, the matter shall be referred to ______.
CIO
Class I violations and certain Class “ violations require ___________.
formal investigation by lAD.
Formal resolution requires ______________ in conjunction with
appropriate discipline for sustained violations of department policy.
a thorough investigation by lAD
Positive discipline shall not be available
for sustained allegations involving ______, ________, ________, or _________.
disparate treatment, workplace harassment,
sexual harassment, or retaliation
