Policy Text
Policy
328Mountain View Police Department
Mountain View PD Policy Manual
Copyright Lexipol, LLC 2020/09/04, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentDiscriminatory Harassment - 1Discriminatory 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 is
intended to create a legal or employment right or duty that is not created by law.
328.2 POLICY
The Mountain View 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.
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 or
perceived race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or
expression, age, disability, pregnancy, genetic information, veteran status, marital status, and any
other 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 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.
Mountain View Police Department
Mountain View PD Policy Manual
Discriminatory Harassment
Copyright Lexipol, LLC 2020/09/04, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentDiscriminatory Harassment - 2328.3.2 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 Fair
Employment 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 the
member comply with City or department rules or regulations, or any other appropriate
work-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 of
discrimination, participated in an investigation, or opposed a discriminatory practice. Retaliation
will 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 best
interest 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 reporting
violations of this policy to the member's immediate supervisor may bypass the chain of command
and make the report to a higher-ranking supervisor or manager. Complaints may also be filed with
the Police Chief, the Employee Services 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
Mountain View Police Department
Mountain View PD Policy Manual
Discriminatory Harassment
Copyright Lexipol, LLC 2020/09/04, All Rights Reserved.
Published with permission by Mountain View Police