300-11 Discrimination, Harassment Etc. Flashcards
Requirements of HPD’s discrimination policy _______ current law
Exceed
When does the Discrimination GO and policies take effect?
On duty, during work related off duty time, anytime city business is conducted, off duty conduct unrelated but impacts working relationships
What is the Employee Relations Section ERS?
a Section of ADR responsible for shielding employees reporting conduct
Where does the Department Discriminantion GO draw its protected categories from?
Title VII (9), Age Discrimination Act, Title I Disabilities Act, Pregnancy Discrimination Act, Genetic Info Non-Discrimination Act
What is considered when determining severe or pervasive conduct?
Frequency of conduct, severity, physical vs oral, whether it effects employee’s work
Fraternization under the discrimination GO does not apply to:
Marital type relationships
Are married or dating patrol or investigators allowed to ride together
“Employees should not be allowed to ride together”
Working with family members sections applies to who?
All family members and those employees who share a residence except for roommates
Where can employees of the same rank in a marital type relationship work?
May work same division or worksite but cannot ride together or be partners
Where can employee of different rank in a marital type relationship work?
Cannot be in same division or command unless no direct supervision AND separation by 3 ranks or separation by shift, separate work site
Who may approve exceptions to working with family members limitations?
COP
What are the rights of those accused of harassment/discrimination?
Thorough investigation, confidentiality, access and review of any report of an outside agency, all other legal protections
Who shall an employee call if a harassment incident happens outside of normal work hours?
Command Center to contact on call ERS facilitator
What shall an supervisor do once witnessing or becoming aware of prohibited conduct/harassment?
Take action to stop or prevent misconduct, report conduct to ETS facilitator WITHIN 24 hours.
What is the preferred method of notification when an employee witnesses prohibited conduct?
Report to ADR’s ERS
What are the places an employee can report prohibited conduct?
Immediate supervisor, ADR ERS, IAD, EEOC, TWC
What is the best tool for maintaining a model workplace free of discrimination?
Prevention
What are the standards for supervision of discriminatory practice?
Inspect workplace for inappropriate things, ensure assignments are based on needs, positive example, following reporting procedures for prohibited conduct, Monitor issues reported, ensure marital or dating couples are in compliance, not allow offensive jokes
What are the commanders and mid managers responsibilities for ERS posters?
Display them prominently at all divisions and work areas
Who is responsible for on-site visits to ensure compliance with discrimination/harassment/ERS policies?
ACs and commanders
What is the ERS responsibilities upon being notified of prohibited conduct?
Stop or prevent misconduct, interview complainant with need for shielding, forward complaint to CIO, determine if COP should be notified, if needed review with Legal Services.
If the COP needs to be notified of an ERS complaint what shall be done?
forward written notification to COP via ADR withing 48 hours
What shall be included in the notification to the COP about ERS problems?
Nature of conduct, supervisory status, complainant’s preference for resolution, ERS recommendation for shielding
Who must the ERS notify if shielding is needed?
Employee’s commander and AC.
Who must ERS notify if the employee’s commander or AC is the respondent?
One rank higher
Who should discuss and determine proper shielding options?
Commander, AC and ERS Facilitation if possible
Who must approve a shielding plan?
COP
What can a shielding plan consist of?
Voluntary reassignment of complainant to other supervisors, voluntary reassignment to other units, voluntary or involuntary reassignment of respondents to other locations, relief of duty for complainant or respondent, Order of No Contact
How long can interim shielding last?
Until replaced by final shielding plan
Can a supervisor authorize an interim shielding plan?
Yes
Who can approve the options for interim shieldings and what are the options
ADR LT, leaving employee in interim shielding or moving them to another interim plan
What are predesignated assignments?
Assignments within the command that shall exist to facilitate immediate shielding for employees
How long do prohibited conduct allegations have to be completed?
30 days
Under no exception except by COP how long MUST a prohibited allegation investigation be completed by?
60 days
Cases resolved through ERS and IAD shall be:
Documented and retained by relevant retention policies
Who may determine if an informal complaint process is appropriate?
ERS with Legal Services
Who may ultimately approve an informal complaint process?
COP
How shall informal complaint processes be adminstered?
Through ADR
Participation in the informal complaint process must be ______ and must be agreed to by ______ parties
voluntary, all
Informal complaint resolutions require interview with:
the complainant
Positive discipline shall not be available for what types of punishment?
Disparate treatment, workplace harassment, sexual harassment or retaliation.
What violations require formal resolutions?
Class I and some class II
What is a respondent?
Person or Persons reported as the offender in a prohibited conduct complaint
Who has responsibility for generating an Issue Record Form number for prohibited conduct?
CIO
