14 MPD Lexipol Policy_Discriminatory Harassment

Policy 328Milpitas Police Department Milpitas PD CA Policy Manual Copyright Lexipol, LLC 2020/11/24, All Rights Reserved. Published with permission by Milpitas Police DepartmentDiscriminatory Harassment - 146Discriminatory Harassment 328.1 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 isintended to create a legal or employment right or duty that is not created by law. 328.2 POLICY The Milpitas 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 takepreventive and corrective action to address any behavior that violates this policy or the rights itis 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 couldsubject a member to discipline. 328.3 DEFINITIONS Definitions related to this policy include: 328.3.1 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 orperceived race, ethnicity, national origin, religion, sex, sexual orientation, gender identity orexpression, age, disability, pregnancy, genetic information, veteran status, marital status, and anyother 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 protectedclass. It has the effect of interfering with an individual’s work performance or creating a hostile orabusive work environment. Conduct that may, under certain circumstances, constitute discriminatory harassment can include making derogatory comments; making crude and offensive statements or remarks; making slursor off-color jokes, stereotyping; engaging in threatening acts; making indecent gestures, pictures,cartoons, posters, or material; making inappropriate physical contact; or using written material ordepartment equipment and/or systems to transmit or receive offensive material, statements, orpictures. Such conduct is contrary to department policy and to a work environment that is freeof discrimination. Milpitas Police Department Milpitas PD CA Policy Manual Discriminatory Harassment Copyright Lexipol, LLC 2020/11/24, All Rights Reserved. Published with permission by Milpitas Police DepartmentDiscriminatory Harassment - 147328.3.2 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: (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. 328.3.3 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 FairEmployment and Housing 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 the job site on time, that themember comply with City or department rules or regulations, or any other appropriatework-related communication between supervisor and member. 328.3.4 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 ofdiscrimination, participated in an investigation, or opposed a discriminatory practice. Retaliationwill not be tolerated. 328.4 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 standards, and the bestinterest of the Department and its mission. Members are encouraged to promptly report any discriminatory, retaliatory, or harassing conduct or known violations of this policy to a supervisor. Any member who is not comfortable with reportingviolations of this policy to the member's immediate supervisor may bypass the chain of commandand make the report to a higher-ranking supervisor or manager. Complaints may also be filed withthe Chief of Police, the Human Resources Director, or the City Manager. Any member who believes, in good faith, that the member has been discriminated against, harassed, or subjected to retaliation, or who has observed harassment, discrimination, or Milpitas Police Department Milpitas PD CA Policy Manual Discriminatory Harassment Copyright Lexipol, LLC 2020/11/24, All Rights Reserved. Published with permission by Milpitas Police DepartmentDiscriminatory Harassment - 148ret