5/101.24 Harassment and Discrimination Flashcards
Complaints of discrimination or harassment all investigations should be completed within what time fame?
45 days from receipt when possible.
Regarding the prevention and complaint process supervisors shall?
Act - immediately on all complaints
Ensure - employee understands complaint policy
Contact- OED for assistance in documenting and following up on complaints
Assist - employee with documenting and filing written complaint
Every supervisor has the responsibility to prevent acts of harassment and/or discrimination, which includes
- Monitoring the work environment daily for signs harassment/discrimination may be occurring
- Counsel all members on the types of behavior prohibited, and the procedures for reporting and resolving complaints
- Stopping any observed acts that may be considered harassment, and taking appropriate steps to intervene whether or not the involved member is in their line of supervision
- Taking immediate action to limit work contact between two members where there has been a complaint of harassment, pending investigation
- Report all complaints of harassment and/or discrimination to EDS
Every member of this department has the responsibility to prevent acts of harassment and/or discrimination through the following acts:
- Refrain from participating in, encouragement of, actions that could be perceived as discrimination/harassment
- Reporting acts of harassment/discrimination
- Encouraging any member, who confides that they are harassed or discriminated against, to report the acts
Failure to take the actions above to prevent or stop known harassment or discrimination will be grounds for discipline
Conflict resolution
- A wide range of processes for alleviating or eliminating sources of conflict
- Uses a third, neutral party
- Includes fostering communications among disputants and problem solving to find mutually satisfying scenario
- Once started this process is mandatory for involved members to participate
Disparate treatment
A member is intentionally treated differently based on belonging to a protected class
Adverse impact
Employment practices that appear neutral
-Have a disproportionally negative effect on members of a protected class
-Unintended impact must be neutral
Examples:
-A substantially different rate of selection in hiring, promoting, or other employment decisions which work to the disadvantage of the protected class
Harassment
Any conduct, based upon a member belonging in a protected class, that has the purpose or effect of:
- unreasonably interfering with an individual’s work performance
- creates an intimidating, hostile, or offensive work environment
Includes persistently annoying, offensive, or derogatory comments (spoken or written), jokes, pictures, etc.
-will be evaluated based on the reasonable person standard
When a supervisor is contacted reference a harassment/discrimination complaint
- They must assist any member with a complaint
- Must document and file the complaint with EDS
Complaints of harassment or discrimination can be received by any one of four parties:
- any supervisor
- Director of OED or designee
- Captain of personnel
- Captain of professional standards bureau
How will harassment/discrimination complaints be accepted?
Any source
-in person, by mail, electronic mail, or telephone
Witnessing offensive behavior between other members may be grounds to file a complaint
Sexual Harassment
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature
Retaliation
A form of discrimination against an individual when:
- That person has complained, assisted, or participated in matters of harassment and/or discrimination
- Been subject to adverse employment action
- A casual link exists between the two
A third party who has a close relationship (spouse, parent), with a complaint may claim retaliation
- must believe they have suffered adverse employment action as a result of complainant’s claim
- must have close relationship
Discrimination
An act, practice, or pattern of behavior based on an individuals
-Race, color, religion, sex, national origin, age, genetic information, disability, military service, sexual orientation, gender identity or expression, or political affiliation
Includes adverse impact and disparate treatment
Religious accommodation requests, supervisor will
Notify the EDS director in a timely manner to begin the formal interactive process
