Police Department Policy

GO - 22004 - - Equal - Employment - Oppurtunity

Sacramento Police Department

Policy Text
SACRAMENTO POLICE DEPARTMENT G.O. 220.04 1 OF 4 220.04 EQUAL EMPLOYMENT OPPORTUNITY 12-16-02 PURPOSE To outline procedures for reporting and investigat ing discrimination/harassment, equal employment, and sexual harassment complaints. POLICY To afford equal employment opportunity to al l persons, and to prohibit illegal discrimination, harassment, or sexual harassment. PROCEDURE A. DEFINITIONS 1. DISCRIMINATION/HARASSMENT a. “Unlawful employment practice” To limit, fa il or refuse to hire, or to discharge any individual in the terms, condi tions, compensation or privil eges of employment, or to limit, segregate, or cl assify an employee or applicant for employment, in any way that would deprive, tend to deprive, or adversely affect an individual's opportunity or status because of religi on, color, national origin, ancestry, physical/mental disability, medical c ondition, pregnancy, marital status, gender, sexual orientation, or age. b. Examples include, but are not limited to intentionally excludi ng an individual from an employment opportunity bec ause of their race or sex, or retaliatory behavior toward an individual for filing or particip ating in a charge of discrimination or harassment. 2. SEXUAL HARASSMENT a. Unsolicited and unwelcome sexual adv ances, requests for sexual favors, and other verbal and/or physical conduct of a sexual nature by an employee, supervisor, or manager when:(1) submission to such conduct is made eit her explicitly or implicitly a term or condition of an individual's employment; or (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or (3) such conduct has the purpose or effe ct of unreasonably interfering with an individual's work performance or cr eating an intimidating, hostile, or offensive working environment. b. Examples include, but are not limited to: (1) Written - suggestive or obscene letters, e-mail, notes, and invitations;(2) Verbal - sexually suggestive or der ogatory comments, slurs or jokes, unwanted phone calls; (3) Physical - includes offensive t ouching, assault, im peding or blocking movements, stalking; (4) Visual - leering, sex ually-oriented gestures, or display of sexually suggestive or derogatory objects, pict ures, cartoons, posters, drawings, poems, or any such non-verbal behavior; (5) Other - includes the threat or insi nuation that lack of sexual favors may result in reprisal, withholding suppor t for appointments, promotion, or transfer, rejection of probation, puniti ve action, change of assignments, or a poor performance report. c. Whether or not an alleged act constitu tes sexual harassment shall be decided by looking at the totality of the circumstances, such as the nature of the sexual advances and the context in which the alleged incidents occurred, on a case by case basis. SACRAMENTO POLICE DEPARTMENT GENERAL ORDERS G.O. 220.04 2 OF 4B. GENERAL 1. The Department's Equal Employment Oppor tunity Procedures shall be based on the City of Sacramento's Equal Employment Opportuni ty Policy Statement, and state and federal laws. 2. The Department's Equal Employment Opport unity (EEO) goal shall be to hire, train, compensate, assign, and promote all persons on the basis of merit and fitness, without discrimination. 3. This Order shall not prohibit social rela tionships between employ ees when the social relationship has no bearing on empl oyment decisions or benefits and it is not in violation of other provisions of this procedure. See also GO 210.07 Nepotism/Confli ct of Interest. C. EQUAL EMPLOYMENT OPPORTUNITY REGULATIONS All job applicants and employees shall be treated fa irly and without discrimi nation in recruitment, examination, appointment, promoti on, transfer, job rotation, tr aining, work assignment, merit increases, overtime, and related employment decisions.1. It shall not be discriminatory and/or harassment to: a. follow a seniority system as long as it is bonafide and not de signed to circumvent or evade this policy. b. select or reject a person based upon a bonafide occupati onal qualification. 2. Retaliation against an employee for filing or pa rticipating in a discr imination or sexual harassment complaint is prohibited. 3. All exempt management personnel and all super visors shall be responsible for ensuring compliance with discrimination and sexual har assment policies in their work area. Should such problems devel op, exempt managers and super visors shall seek out solutions and ensure these problems are resolved. 4. Employees may be held personally liable fo r violations of state and federal law. 5. Corrective or disciplinary ac tion shall be initiated against any employee who violates this policy. D. COMPLAINT PROCEDURES 1. Employees who feel they have been the victim of discrimination/har assment or sexual harassment are encouraged to submit a writ ten complaint utilizing any one of the manners listed below.a. Option 1 - Police Department/City's Affi rmative Action Officer (AAO). See Section E. b. Option 2 - State and/or federal ag

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