314 discrimintory Harrasment Flashcards
314.1 PURPOSE AND SCOPE
The purpose of this policy is to prevent department members from being subjected to discriminatory harassment, including sexual harassment and retaliation. Nothing in this policy is intended to create a legal or employment right or duty that is not created by law.
Refer to policy
314.2 POLICY
The City of Berkeley (City) prohibits harassment on the basis of sex, race, age, religion, color, national origin, ancestry, physical disability, mental disability, medical condition (associated with cancer, a history of cancer, or genetic characteristics), HIV/AIDS status, genetic information, marital status, pregnancy, sexual orientation, gender, gender identity, gender expression, military and veteran status, and any other classifications protected by state or federal law.
Refer to this policy
314.2 Discriminatory Harassment
TRUE OR FALSE
All employees (as well as applicants, unpaid interns or volunteers, and persons providing services pursuant to a contract) are guaranteed the right to a work place free of hostility and intimidation based on any of the above-referenced protected classifications.
The City will neither tolerate nor condone harassment of employees by managers, supervisors, co-workers, elected/appointed officials, or persons with whom the City has a business, service, or professional relationship.
TRUE
314.2 Discriminatory Harassment
The City prohibits retaliation defined below, against an individual who reports, files a complaint of, or otherwise opposes conduct he or she reasonably believes to be unlawful harassment, retaliation, or assists in the investigation of a complaint.
For purposes of this policy, Retaliation refers:
- taking a materially adverse action against an employee on the above-listed grounds.
- A materially adverse action includes, but is not limited to, the denial of promotion, refusal to hire, denial of job benefits, demotion, suspension, and discharge.
- Adverse actions may also include threats, reprisals and adverse treatment that in the circumstances could dissuade or intimidate a reasonable person from raising a concern about a workplace condition or activity.
314.2 Discriminatory Harassment
The City prohibits retaliation defined below, against an individual who reports, files a complaint of, or otherwise opposes conduct he or she reasonably believes to be unlawful harassment, retaliation, or assists in the investigation of a complaint.
For purposes of this policy, Retaliation refers to taking a materially adverse action against an employee on the above-listed grounds. A materially adverse action includes, but is not limited to, the denial of promotion, refusal to hire, denial of job benefits, demotion, suspension, and discharge. Adverse actions may also include threats, reprisals and adverse treatment that in the circumstances could dissuade or intimidate a reasonable person from raising a concern about a workplace condition or activity.
Refer to policy
314.3 DEFINITIONS
Definitions related to this policy include:
314.3.1 DISCRIMINATION
The Department prohibits all forms of discrimination, including any employment-related action by a member that adversely affects an applicant or member and is based on actual or perceived race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, pregnancy, genetic information, veteran status, marital status, and any other classification or status protected by law.
Discriminatory harassment, including sexual harassment, is:
- verbal or physical conduct that demeans or shows hostility or aversion toward an individual based upon that individual’s protected class.
- It has the effect of interfering with an individual’s work performance or creating a hostile or abusive work environment.
- Conduct that may, under certain circumstances, constitute discriminatory harassment can include making derogatory comments; making crude and offensive statements or remarks; making slurs or off-color jokes, stereotyping; engaging in threatening acts; making indecent gestures, pictures, cartoons, posters, or material; making inappropriate physical contact; or using written material or department equipment and/or systems to transmit or receive offensive material, statements, or pictures.
- Such conduct is contrary to department policy and to a work environment that is free of discrimination.
314.3.2 SEXUAL HARASSMENT
The Department prohibits all forms of discrimination and discriminatory harassment, including sexual harassment. It is unlawful to harass an applicant or a member because of that person’s sex.
Sexual harassment includes, but is not limited to:
- unwelcome sexual advances, requests for sexual favors or other verbal, visual or physical conduct of a sexual nature when:
- Submission to such conduct is made either explicitly or implicitly a term or condition of employment, position or compensation.
- Submission to, or rejection of, such conduct is used as the basis for any employment decisions affecting the member.
- Such conduct has the purpose or effect of substantially interfering with a member’s work performance or creating an intimidating, hostile, or offensive work environment.
314.3.3 ADDITIONAL CONSIDERATIONS
Discrimination and discriminatory harassment do not include actions that are in accordance with established rules, principles or standards, including:
Acts or omission of acts based solely upon bona fide occupational qualifications under the Equal Employment Opportunity Commission (EEOC) and the California Fair Employment and Housing Council guidelines.
Bona fide requests or demands by a supervisor that a member improve his/her work quality or output, that the member report to the job site on time, that the member comply with City or department rules or regulations, or any other appropriate work-related communication between supervisor and member.
314.4 RESPONSIBILITIES
This policy applies to all department personnel. All members shall follow the intent of these guidelines in a manner that reflects department policy, professional law enforcement standards and the best interest of the Department and its mission.
Policy
314.4 RESPONSIBILITIES
True or false
Only supervisors are encouraged report any discriminatory, retaliatory or harassing conduct or known violations of this policy.
False
Answer:
Members are encouraged to promptly report any discriminatory, retaliatory or harassing conduct or known violations of this policy to a supervisor
314.4 RESPONSIBILITIES
True or false
Meme bees must report violations of this policy to via the chain of command starting with his/her immediate supervisor.
False
Answer:
Any member who is not comfortable with reporting violations of this policy to his/her immediate supervisor may bypass the chain of command and make the report to a higher-ranking supervisor or manager
314.4 RESPONSIBILITIES
True or False
Complaints should be reported to a department supervisor prior to reporting to other organizational departments
False
Answer:
Complaints may also be reported directly to the City’s Equal Employment Opportunity and Diversity (EEO) Officer, the Chief of Police, the Professional Standards Division Captain or the City Manager.
314.4 RESPONSIBILITIES
True or false
Any member who believes, in good faith, that he/she has been discriminated against, harassed or subjected to retaliation, or who has observed harassment or discrimination, is encouraged to promptly report such conduct in accordance with the procedures set forth in this policy.
True
Supervisors and managers receiving information regarding alleged violations of this policy shall determine if there is any basis for the allegation and shall proceed with resolution as stated below.
314.4.1 SUPERVISOR RESPONSIBILITIES
The responsibilities of each supervisor and manager shall include, but are not limited to:
- Continually monitoring the work environment and striving to ensure that it is free from all types of unlawful discrimination, including harassment or retaliation.
Taking prompt, appropriate action within their work units to avoid and minimize the incidence of any form of discrimination, harassment or retaliation. - Ensuring that his/her subordinates understand their
responsibilities under this policy. - Ensuring that members who make complaints or who oppose any unlawful employment practices are protected from retaliation and that such matters are kept confidential to the extent possible.
- Making a timely determination regarding the substance of any allegation based upon all available facts.
- Notifying the Chief of Police in writing of the circumstances surrounding any reported allegations or observed acts of discrimination, harassment or retaliation no later than the next business day.
314.4.2 SUPERVISOR’S ROLE
Supervisors and managers shall be aware of the following considerations:
- Behavior of supervisors and managers should represent the values of the Department and professional law enforcement standards.
- False or mistaken accusations of discrimination, harassment or retaliation can have negative effects on the careers of innocent members.
- Nothing in this section shall be construed to prevent supervisors or managers from discharging supervisory or management responsibilities, such as determining duty assignments, evaluating or counseling members or issuing discipline, in a manner that is consistent with established procedures.
