Policy Text
DEPARTMENTAL GENERAL ORDER
D-20: EQUAL EMPLOYMENT OPPORTUNITY , ANTI -
DISCRIMINATION, AND NON- HARASSMENT POLICY
Effective Date: 25 A pr 22
Coordinator: Office of Chief of Police
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COMMAND INTENT
The purpose of this General Order is: (1) to outline the Oakland Police Department’s Policy, standards, requirements, complaint procedures and disciplinary guidelines regarding inappropriate and/or unprofessional conduct that could potentially rise to the level of discrimination and/or harassment; and (2) to set out complaint and investigation procedures for all members and job applicants who believe they have been subjected to
inappropriate workplace conduct based on their protected status. Violations of this policy
is a violation of the Manual of Rules
, and anyone who violates this policy will be subject
to appropriate discipline – reference Training Bulletin V -T, Discipline Matrix .
A. POLICY AND APPLICABILITY
A - 1. Unlawful Discrimination, Harassment, or Other Inappropriate Conduct
Based on Protected Status
The Oakland Police Department (Department) is committed to equal employment opportunity and to ensuring that all members have a work environment free of conduct that could be considered discriminatory or harassing. The Department strictly prohibits any form of unlawful employment discrimination , harassment , and/or other inappropriate conduct
based on protected status. Protected statuses include: race, color, ancestry,
national origin (including immigration status, cultural or linguistic
characteristics), religion , creed (including religious dress and grooming
practices), age (over 40), disability (including both mental and physical), sex
(including pregnancy or medical conditions related to pregnancy, childbirth or
breastfeeding), sexual orientation, gender identity, gender expression, medical
condition (including cancer and genetic characteristics), genetic information (including family medical history), marital status, military and veteran status,
and other characteristic protected by law. The Department will not tolerate
any harassing or discriminatory conduct on these bases, nor retaliation for opposing illegal discrimination or harassment related to one of these categories.
Additionally , the Department will not tolerate any inappropriate conduct that
affects tangible job benefits, that unreasonably interferes with any individual’s work performance, or that creates an intimidating, hostile, or offensive
working environment. The Department does not allow anyone, including any
Chief, Command Offi cer, director, manager, supervisor, co-worker, vendor,
elected official, or commissioner, to unlawfully harass or discriminate against Department members or applicants for employment. Harassment and discrimination are also prohibited against any person providing services to or working with the Department pursuant to a contract. The Department will
DEPARTMENTAL GENERAL ORDER D-20 Effective Date
OAKLAND POLICE DEPARTMENT 25 Apr 22
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A - 2. Prohibition of Discrimination or Harassment Based on Membership or Association with a Protected Group
The Department prohibits discrimination and/or harassment based on a perception that a person has any of the characteristics described in A -1, or that
the person is associated with a pers on who has, or is perceived to have, any of
the listed characteristics. Harassment and/or discrimination based on these
characteristics (whether actual, perceived or by association) is prohibited.
A - 3. Prohibition on Retaliation
The Department prohibits retali ation against anyone who has expressed a
concern about unlawful discrimination or harassment or who has filed a
complaint or participated in an investigation of any such complaint. The
Department takes all complaints seriously, and will not tolerate retaliatory
conduct .
B. POLICY APPLICABILITY
B - 1. Who the Policy Covers
This Policy applies to all full- time Department members (both sworn and
professional staff), part -time employees, temporary employees, and job
applicants. The Policy also applies to any person providing services to or
working with the Department pursuant to a contract. For the purpose of this
Policy only, the term “members” also includes unpaid interns and volunteers
including explorers and annuitants.
B - 2. Where the Policy Applies
This Policy applies to all Department and City locations, as well as to all employer -sponsored activities, such as training, social , or other events. This
Policy also applies to non- City locations (including locations where no
employer -spons ored activity is taking place) and off-duty conduct if a
reasonable connection or impact to the workplace can be shown. For example,
a Department member sending a racist email from home to another
Department member violates this Policy. Such conduct does not fall outside of
the Policy just because both members were not on- duty.
B - 3. What the Policy Covers
The Policy covers all terms and conditions of employment, including but not
limited to: recruitment, hiring, promotion, termination, discipline, layoff,
recall, transfer, leaves of absence, position / classification, training,
compensation and benefits.
The Policy covers communications sent on personal devices. For example, a
Department member sending harassing text messages to another Department
DEPARTMENTAL GENERAL ORDER D-20 Effective Date
OAKLAND POLICE DEPARTMENT 25 Apr 22
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