Policy Text
SEXUAL HARASSMENT AND DISCRIMINATION
EFFECTIVE DATE: 04/14/89 STANDARD NO. 053 REVISED: 04/26/18
REPLACES: SOP Sexual Harassment 19-03.1-3 – Rev. 01/01/03; Rev. 11/23/16; Rev/ 11/03/16
OBJECTIVE: To ensure that employees are free from all forms of harassment and
discrimination as an unlawful employment practice and to establish an available
procedure to address any such allegations.
POLICY: It is the policy of the Homestead Police Department (HPD) to ensure that all
employees are able to work in an environment which is free from all forms of
discrimination, including harassment (sexual or otherwise). The Department is
committed to investigate all reported complaints fairly and impartially to
determine whether the allegations are founded. No person shall be subjected to
derogatory remarks, offensive jokes, comments of a sexually suggestive nature,
or demeaning language or gestures relating to his/her age, sex, race, color,
national origin, religion, marital status, or disability. Employees who have been
exposed to, or experienced, sexual harassment or discrimination are encouraged
to file a complaint in accordance with the Professional Compliance Bureau (PCB)
Procedures (SOP# - 073).
Additionally, there shall be no discrimination against any person in recruitment,
examination, appointment, training, promotion, retention, or any other personnel
action because of political or religious affiliations, or because of age, sex, race,
color, national origin, religion, marital status, or disability.
This policy will be in effect while in the workplace, on any Department-related
activity, or during any Department-sanctioned social occasion.
SCOPE: All employees of this Department shall be governed by the procedures set forth
below.
I. GENERAL:
A. Either men or women may be violators or victims of sexual harassment. Employees who
violate Departmental policy prohibiting sexual harassment are subject to disciplinary
action.
II. DEFINITIONS:
A. Unwelcome conduct: The occurrence of verbal or physical conduct of a sexual nature
and the victim has sent signals communicating that the conduct is unwelcome.
B. Hostile working environment: Unwelcome conduct, based upon gender, that consists of
repeated incidents; or is sufficiently severe, if a single incident, to alter the conditions of
employment. Generally, isolated instances of unwelcome conduct will create a hostile
working environment.
Sexual Harassment and Discrimination – SOP# 053
C. Conditions of employment: Those which are provided for by law, policy, or labor
contract.
D. Sexual harassment: Unsolicited, offensive behavior involving sexual overtures or
conduct, either verbal or physical, based on sex whether it involves persons of different
gender or of the same gender. It does not refer to the occasional comments of a socially
acceptable nature, but refers to behavior that is unwelcome, personally offensive, lowers
morale, and/or disrupts the working environment. EEOC guidelines define sexual
harassment in the workplace as unwelcome sexual advances, requests for sexual
favors, and other verbal or physical conduct of a sexual nature when the following
occurs:
1. Submission to such conduct is made either explicitly or implicitly as a term or
condition of an individual’s employment.
2. Submission to, or rejection of, such conduct by an individual is used as a basis
for employment decisions affecting the individual.
3. Such conduct has the purpose or effect of unreasonably interfering with an
individual’s work performance or creating an intimidating, hostile, or offensive
working environment.
4. Such conduct offends a person other than the person to who sexual conduct is
directed.
E. Sexual harassment complaint: For a complaint to be classified as sexual harassment,
the following two-part test must be met:
1. The conduct must be unwelcome; and
2. There is a subsequent occurrence of the unwelcome conduct (unless there is a
sufficiently severe single incident).
3. Complaints that are not classified as sexual harassment will be investigated
accordingly (i.e. as discourtesy or unprofessional conduct).
F. Sex discrimination: Any difference, distinction, or preference in treatment, access (i.e.
opportunity to be assigned to specialized elements), or impact (i.e. effect on
organizational decisions), because of one’s sex.
G. Retaliation: To be considered retaliation, the following actions must occur: