Fire Department Policies and Procedures

Policy Prohibiting Harassment, Including Sexual Harassment

 

The purpose of this post is to provide a better understanding for FFN members of how to provide a work

environment free from harassment. The Fire Department is comprised of members who join together committed to provide the highest quality of service for the citizens that they serve. This post focuses on job based harassment, including sexual harassment, is a significant violation of the basic principle of mutual respect and should never be tolerated.


Understanding What Harassment Is All About 


Harassment includes verbal or physical conduct that puts down, is negative toward, or shows favoritism or hostility toward an individual (and/or the individual’s relatives, friends, or associates) because of race, color, religion, sex, national origin, age, veteran or other military status, marital status, sexual preference, disability, etc.)


In general, harassment has the purpose or effect of 

  1.  creating an intimidating, hostile, or offensive work environment, 
  2.  unreasonably interfering with an individual’s work performance, or 
  3.  otherwise adverselyaffecting an individual’s employment opportunities


Conduct deemed to be inappropriate and prohibited under this policy, may include, but is not limited to:

  • epithets, slurs, symbols, negative stereotyping, threats, intimidation, and hostile acts that are related to race, color, religion, sex, national origin, age, veteran or other military status, marital status, sexual preference, disability, or any other reason.
  • written or graphic materials that denigrate or show hostility or aversion toward an individual or group because of race, color, religion, sex, national origin, age, veteran or other military status, marital status, sexual preference, disability, etcetera.
  • the explicit or implicit threat or use of authority to suggest that the terms of an individual’s employment, (quid pro quo), promotion, physical safety, or safe passage can be adversely affected, improved, continued, or modified, in return for unwelcome sexual favors by any member of the insert  Fire Department.
  • any unwelcome sexual advances, requests for sexual favors, or other conduct of a sexual nature which is repeated (e.g., unwanted touching, pats, squeezes, massages, brushing up against someone’s body, sexual jokes, sexual remarks about a person’s body or sexual activities, sexual pictures or cartoons, suggestive looks or leers, etc.), a term or condition of employment, or comments or actions that substantially contributes to an unprofessional work environment, or interferes with required tasks, career opportunities, or learning.

With specific respect to sexual harassment, Gordon Graham, a retired California Highway Patrol Officer and practicing attorney describes a method for analyzing potential harassment situations and preventing them from occurring. 


The acronym CATSINRO analysis covers the subject well. 


Is it a Comment, is it an Action, is it a Thing, Sexual In Nature, which a Reasonable person would find Offensive?


In analyzing a situation, Graham instructs that if the answer is yes or I don’t know, then don’t participate in the behavior. This question and logic applies as well to all possible forms of harassment in the workplace.

 

Any member of the Fire Department who believes in good faith that he or she has been harassed or has

witnessed harassment should formally report the incident to his/her Supervisor, District Manager, Deputy Chief, Division or Section Head, Assistant Chief/Fire Marshal, Assistant Fire Chief, Fire Chief, Human Resources Manager, or City Diversity Manager in the City Diversity Office. The Fire Chief needs to be advised immediately of any complaint. No one likes surprises, especially the Chief. Retaliation against individuals who bring forward complaints is prohibited, and should be reported and dealt with in the same manner as the alleged harassment. 


Individuals who in good faith believe they have been harassed by third-parties on fire department premises or in the course of conducting Fire Department business should also report the behavior as provided in this policy. It is the responsibility of each member to exercise personal leadership, and vigilance in civil behavior through adherence to this policy, and the responsibility of each officer and supervisor to enforce this policy at all times. It is imperative that every member treat every other member with dignity and respect so as to facilitate a sound professional work environment.


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BZY, thanks for highlighting this policy issue. Your insightful contributions are so beneficial and important to this site. Keep up the good work Bro.
I know this is not really a hot topic, but still important for company officers to be fully informed about. We live in a litigious world... Thank you Chief for the support and your consistent proactive approach to the fire service. Chiefs' like you, Mike, Ben and Mick set the tone for many others.
Mike, the short answer to preventing harassment, unwanted advances, or other less-than-desirable behaviors lies in the final 40% of the Phoenix FD mission statement:

"Prevent Harm, Survive, Be Nice"
Kind of goes along with my philosophy that it's nice to be important, but more important to be nice.
What if someone builds a Lego toy of a FF putting on lipstick? Then what?
I'm sooo glad to see someone highlight this! As a female FF this happens more than you would think! The problem my department seems to face though is not within the firehouse...probably because the majority of our first responders are women. The CATSINRO incidents happen when we are on a mutual aid call. We're told to report the incidents after we're done with the job to our commanders/chiefs (and we do) and from there they talk to the other department heads about it. But nothing ever seems to change! We suspect the other department heads don't take it seriously and actually talk to their crew about it or if they do, they just don't care when they're on the scene.
In fact my belief is that this derogatory and offensive language and treatment of women is SO ingrained in our culture, it comes without thinking!
Start with "Survive"?
The behavior is unacceptable in my opinion and apparently also backed up by legal opinions and laws that make the behavior both illegal and potentially costly if legal means are used to remedy the situation, and it doesn't matter if you live in New York or California.

I would imagine that having your attorney or county counsel fire off a letter as a warning shot, giving everyone heads up that a certain behavior pattern needs to stop might not be a bad idea. It all starts with some basic internet research and a phone call. If change is needed, then make the changes happen.

Again, just one letter or phone call is typically all you need but if it's absolutely prevalent in your culture... do your homework and do what you can to create a non-hostile work environment where people show mutual respect, especially with a mutual aid response.

CBz

NEW YORK STATE DEPARTMENT OF LABOR POLICY STATEMENT ON SEXUAL HARASSMENT
http://www.labor.ny.gov/agencyinfo/moa/pdf/element5/ga812.pdf

New York State Department of Labor
David A. Paterson, Governor
M. Patricia Smith, Commissioner
NEW YORK STATE DEPARTMENT OF LABOR
POLICY STATEMENT ON SEXUAL HARASSMENT
Governor Paterson, through the reissuance of Executive Order No.19 entitled "New York State Policy Statement on Sexual Harassment in the Workplace,” has clearly established the State’s policy in this important area.
It is imperative that all employees and customers be aware of the Department of Labor's commitment to the enforcement of this Executive Order, and our efforts to ensure that every employee is entitled to a work environment free from any form of discrimination. Sexual harassment is an unlawful discriminatory practice. It is also a violation of Section 703 of Title VII of the Civil Rights Act of 1964, as amended, and the New York State Human Rights Law. The Civil Rights Law of 1991 makes additional provisions for victims of sexual harassment.
The Department of Labor also complies with the Workforce Investment Act of 1998, which prohibits discrimination on the basis of sex.
Sexual harassment is a form of employee misconduct for which appropriate disciplinary action will be taken against individuals, and against supervisors and managers who knowingly allow such behavior to continue.
As defined in the Order, sexual harassment is any unwelcome sexual advance, request for sexual favors, or other verbal or physical conduct of a sexual nature when:
1) submission to the conduct is either explicitly or implicitly a term or condition of an individual's employment;
2) submission to, or rejection of, such conduct by an individual is used as the basis for employment decisions affecting such individuals; or
3) the conduct has the purpose, or effect, of unreasonably interfering with an affected person's work performance or creating an intimidating, hostile, or offensive work environment.
The Office of Staff & Organizational Development and the Division of Equal Opportunity Development periodically conducts trainings in this area for all employees, supervisors and managers as an informative and preventative measure regarding the Law to ensure compliance with this policy.
Any employee or customer who has inquiries regarding sexual harassment should contact New York State Department of Labor, Division of Equal Opportunity Development at (518) 457-1984 in Albany, (212) 352-6598 in New York City, (716) 851-2768 in Buffalo or (TDD) 1-800-662-1220 and (VOICE) 1-800-421-1220.
Any allegation of sexual harassment will be thoroughly investigated and kept in strict confidence.
M. Patricia Smith
Commissioner of Labor

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