Policy Text
Policy
314Garden Grove Police Department
Policy Manual
Copyright Lexipol, LLC 2022/12/14, All Rights Reserved.
Published with permission by Garden Grove Police
DepartmentDiscriminatory Harassment - 1Discriminatory Harassment
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. The prohibition against
harassment and discrimination covered by this policy applies to all forms of conduct - whether by
means of speech, physical behaviors, or visual presentation - which implicate race, religion, creed,
color, national origin, medical condition, ancestry, age over 40, marital status, veteran status,
disability, or sexual orientation. Nothing in this policy is intended to create a legal or employment
right or duty that is not created by law.
314.2 POLICY
The Garden Grove Police Department is an equal opportunity employer and is committed to
creating and maintaining a work environment that is free of all forms of discriminatory harassment,
including sexual harassment and retaliation (Government Code § 12940(k); 2 CCR 11023). The
Department will not tolerate discrimination against a member in hiring, promotion, discharge,
compensation, fringe benefits and other privileges of employment. The Department will take
preventive and corrective action to address any behavior that violates this policy or the rights it
is designed to protect.
The nondiscrimination policies of the Department may be more comprehensive than state or
federal law. Conduct that violates this policy may not violate state or federal law but still could
subject a member to discipline.
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, medical condition and
any other classification or status protected by law.
"Medical Condition" is defined, in accordance with the California Fair Employment and Housing
Act, as "any health impairment related to or associated with a diagnosis of cancer, for which a
person has been rehabilitated or cured, based on competent medical evidence." The California
Fair Employment and Housing Commission recognizes AIDS as a physical handicap. The
Federal Rehabilitation Act of 1973 prohibits discrimination of handicapped persons including those
perceived as having a history of a handicap. Employees afflicted with AIDS or an AIDS-related
condition or any other handicap, shall be treated the same as any other department employee. If
their medical or physical condition affects their ability to perform their assigned duties, they shall
be treated as any other employee who has a disability that prevents them from performing the
Garden Grove Police Department
Policy Manual
Discriminatory Harassment
Copyright Lexipol, LLC 2022/12/14, All Rights Reserved.
Published with permission by Garden Grove Police
DepartmentDiscriminatory Harassment - 2duties of their job. The Garden Grove Police Department will not discriminate against an employee
with AIDS or an AIDS-related condition or any other handicap.
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 RETALIATION
Retaliation is treating a person differently or engaging in acts of reprisal or intimidation
against the person because the person has engaged in protected activity, filed a charge of
discrimination, participated in an investigation, or opposed a discriminatory practice. Retaliation
will not be tolerated.
314.3.3 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:
(a)Submission to such conduct is made either explicitly or implicitly a term or condition
of employment, position, or compensation.
(b)Submission to, or rejection of, such conduct is used as the basis for any employment
decisions affecting the member.
(c)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.
314.3.4 ADDITIONAL CONSIDERATIONS
Discrimination and discriminatory harassment do not include actions that are in accordance with
established rules, principles, or standards, including:
(a)Acts or omission of acts based solely upon bona fide occupational qualifications
under the Equal Employment Opportunity Commission (EEOC) and the California Civil
Rights Council guidelines.
(b)Bona fide requests or demands by a supervisor that the member improve the
member's work quality or output, that the member report to