344.00, Prohibited Discrimination
- All members shall be treated with respect and dignity, and shall strive to maintain an environment free from discrimination and harassment. It is a goal of the Bureau to remove barriers, which cause discrimination.
- Members will not engage in prohibited discrimination on the basis of race, color, religion, gender, national origin, age, marital status, sexual orientation, mental or physical disability, or source of income in the delivery of services or in the treatment of any citizen. Members will not sexually harass any citizen or engage in any conduct prohibited by this directive in the delivery of services to the public.
- Members are prohibited from the stopping, detention and search of persons under ORS 810.410 when the action is motivated by the member’s perception of the person’s race, color, sex or national origin and when the action would constitute a violation of the person’s civil rights.
- Violations of policy on prohibited discrimination and/or harassment constitute extremely serious misconduct, which will result in strong disciplinary action, up to, and including discharge.
- Members shall not engage in discrimination or harassment. Members shall not engage in verbal or physical conduct in violation of this directive or threaten or engage in retaliation or other unlawful harassment.
- Examples of Prohibited Discrimination:
- Verbal or Physical Conduct:
- Willful or negligent use of epithets or slurs against any person on the basis of membership in a protected class.
- Jokes, pranks and roll call banter may be prohibited if this type of verbal behavior tends to denigrate or show hostility toward an individual or group because of membership in a protected class.
- Unwelcome physical touching or contact.
- Written or Graphic Material: Material that denigrates or shows hostility or aversion toward an individual or group because of protected class status and is placed in the employer’s premises or circulated in the workplace is prohibited by this policy.
- Retaliation: Regardless of rank, no member may retaliate or threaten to retaliate against an applicant or member on the basis that he/she:
- Complained of discrimination and/or harassment.
- Testified on behalf of and/or in support of a person who complained, or is the subject of a complaint, of discrimination or harassment.
- Advises any applicant or member, or assisted, or participated, in any investigation, proceeding, or hearing concerning a person who complained of discrimination and/or harassment.
- Members who believe they are victims of, or are witnesses to, any form of discrimination or harassment, are urged to report the incident or file a complaint.
- Supervisor Responsibilities:
- Where a supervisor knows or has reason to know, because of his/her job duties, of unwanted or prohibited discrimination or harassment that has or is occurring, he/she must take immediate action. Tacit approval of discrimination and/or harassment by, for example, laughing and treating a situation as a joke, failing to take action or advising members not to complain until their probationary period has ended is not acceptable.
- All supervisors are responsible for maintaining a non-hostile work environment. It is each supervisor’s job to intervene immediately to ensure that conduct, which is discriminatory or harassing, ceases and is not condoned.
- Supervisors must remove notes, comments, posters and other material on walls, bulletin boards or elsewhere in the workplace that show hostility toward an individual or group because of membership in a protected class. It is the supervisor’s responsibility to educate members about the impropriety of these items as well as the inappropriateness of jokes, slurs or other negative verbal comments based on an individual’s membership in a protected class.
- If a supervisor receives a complaint from a victim or a witness of discriminatory treatment that is outlined in this directive, the supervisor will report the complaint on a memorandum, including any action taken, through channels, to the supervisor’s Branch chief.
- If there is no complaint made, but a supervisor takes action related to acts of discrimination or harassment prohibited by this directive, the supervisor will document actions taken in a memorandum to his/her RU manager.
- Complaint Processing and Investigation:
- Complaints may be submitted verbally or in writing and a complaint may also include a suggested method of resolution.
- A violation of this directive may be reported directly to:
- Any supervisor within or outside the chain of command.
- The Personnel Division (Personnel), IAD, the Chief of Police’s Office, or IPR.
- The City’s Affirmative Action Office.
- Personnel shall be responsible for ensuring that all complaints are thoroughly investigated, and shall assign the complaint for investigation.
- All complaints will be investigated in a timely manner and information obtained will be kept as confidential as is possible. Complaints will be investigated pursuant to established Discrimination/Unlawful Employment Practices Investigation Protocols as established by Personnel SOP and the City Attorney’s Office.
- The complainant and accused shall be notified of the results of the investigation and action taken, if any.
- Once the investigation is completed, the original investigative files will be stored in Personnel in accordance with City Archive Guidelines.
- Nothing is this directive shall be interpreted to restrict a member’s rights under federal, state and local laws or to file a complaint with the Bureau of Labor and Industries or the Equal Employment Opportunity Commission.
- RU managers will ensure all supervisors have the ability to identify discrimination and are thoroughly knowledgeable in what steps to take if discrimination has been identified.
- Supervisors have the overall responsibility to ensure a non-hostile work environment through identifying and immediately taking steps in eliminating discrimination.
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