5/101.24 HARRASSMENT AND/OR DISCRIMINATION; PREVENTION AND COMPLAINT PROCESS Flashcards
Who shall ensure that all members are treated in accordance with these guidelines?
All Supervisors and managers
who is responsible and what actions will be taken where harassment and/or discrimination is found to have occurred?
the section or unit where it occurred will act immediately to stop the harassment and/or discrimination, to prevent its
recurrence, to remedy its effects, if any, and to discipline those responsible.
What will EDS members be considered When conducting an investigation relative to harassment or discrimination?
members of the EDS will be considered as
agents of the Sheriff and will function without regard to rank or classification.
What is Discrimination?
An act, practice, or pattern of behavior based on an individual’s race, color, religion, sex, national
origin, age, genetic information, disability, military service, sexual orientation, gender identity or expression, or political
affiliation which has an adverse impact on an individual or identifiable group compared to the impact of members of
other identifiable groups.
What is Harassment?
Any conduct based on an individual’s race, color, religion, sex, national origin, age, genetic information,
disability, military service, sexual orientation, gender identity or expression, or political affiliation that has the purpose or
effect of unreasonably interfering with an individual’s work performance or creates an intimidating, hostile or offensive
work environment.
What is Sexual Harassment?
The unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of
a sexual nature that could affect an individual’s employment status, opportunities, or work performance, or could create
a hostile work environment.
Every supervisor has the responsibility to prevent acts of harassment and/or discrimination, which includes:
Monitoring the work environment on a daily basis for signs that harassment/discrimination may be occurring;
Refraining from participation in, or encouragement of actions that could be perceived as
harassment/discrimination (verbal or otherwise);
Counseling all members on the types of behavior prohibited, and the procedures for reporting and resolving
complaints of harassment/discrimination;
Stopping any observed acts that may be considered harassment, and taking appropriate steps to intervene,
whether or not the involved members are within their line of supervision;
Taking immediate action to limit the work contact between two members where there has been a complaint of
harassment, pending investigation;
Reporting all complaints of harassment and/or discrimination to the EDS, whether witnessed or reported,
formally or informally.
Every member of this department has the responsibility to prevent acts of harassment and/or discrimination through the
following acts:
Refraining from participation in, or encouragement of, actions that could be perceived as
harassment/discrimination (verbal or otherwise);
Reporting acts of harassment/discrimination;
Encouraging any member, who confides that they are being harassed/discriminated against, to report the acts in
accordance with the procedure listed below.
Regarding Harassment/Discrimination, how will complaints be accepted?
Complaints will be accepted from any source, whether in person, by mail, electronic mail or by telephone. It is not a
requirement that the reporting member be the intended target of the offensive conduct.
What are alternate forms of resolution if complaints do not address diversity issues?
a. Mediation;
b. Conflict Resolution;
c. Internal Affairs Bureau (IAB) - Used when reported conduct is not based on a protected class as defined by
Federal and State law or department policy - but still warrants resolution.
How will EDS deal with a complainant that wants to remain anonymous?
the EDS will evaluate the complaint to determine the extent to which it will
be investigated.
What are the two types of Discrimination?
Adverse Impact and Despatate treatment.
What is Adverse Impact?
Employment practices that appear neutral but have a disproportionately negative effect on members of
a protected class (race, color, religion, sex, national origin, age, genetic information, disability, military service, sexual
orientation, gender identity or expression, or political affiliation). The adverse impact may be unintentional. Examples
of Adverse Impact include: (a substantially different rate of selection in hiring, promotion or other employment decision
which works to the disadvantage of members of a protected class).
What is Disparate Treatment?
A member is intentionally treated differently from other similarly situated members based on that
member belonging in one or more of the protected classes (race, color, religion, sex, national origin, age, genetic
information, disability, military service, sexual orientation, gender identity or expression, or political affiliation). This is
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distinguished from the concept of “adverse impact”, which may be unintentional and applies to a protected group rather
than an individual.
The unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that
could affect an individual’s employment status, opportunities, work performance, or could create a hostile work
environment when:
Submission to such conduct is made either explicitly or implicitly as a term or condition of an individual’s
employment;
Submission to or rejection of such conduct by an individual is used as the basis for employment decisions
affecting such individual; or
Such conduct has the purpose or effect of unreasonably interfering
