PPBM 310-6, Discrimination and/or Harassment

Federal and state laws prohibiting unlawful harassment, discrimination and retaliation apply to both job applicants and employees. As a result, references in this written directive to 'members' refers to both _____
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Federal and state laws prohibiting unlawful harassment, discrimination and retaliation apply to both job applicants and employees. As a result, references in this written directive to 'members' refers to both _____
job applicants and current members of the department
Age Harassment and Discrimination - Harassment or discrimination directed toward members who are ___or older, including basing employment actions on
stereotypical assumptions;
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however, compulsory retirement of law enforcement officers is permitted under the ____
law enforcement officer exception to the Age Discrimination in Employment Act.
Examples of age harassment may include
1. Derogatory comments/remarks
2. Age-based teasing, remarks, jokes, or threats.
3. Comments emphasizing youth
Disabilities Harassment and Discrimination - When a qualified member's ______which substantially limits one (1) or more major life activities, contributes to unequal or unfair treatment of the member.
physical or mental impairment,
Examples of disabilities harassment may include
1. Teasing or making jokes about a member's actual or perceived disability.

2. Intentionally creating an environment that makes it difficult for a disabled member to perform their job functions,

3. Refusing to hire an applicant, promote, or transfer a member due to the applicant or member's physical or mental impairment, despite the applicant or member's ability to perform the essential functions of the position for which they applied, with or without a reasonable accommodation.
Gender Harassment and Discrimination - When a member's gender, whether of same or opposite gender, contributes to ____. This includes derogatory comments or remarks related to physical or work abilities of the member's
gender, marital status, pregnancy or childbirth, or gender identity.
unequal and unfair treatment (not of a sexual nature) of a member
Examples of gender harassment include
1. Comments displaying gender-based stereotypes

2. Refusing to hire an applicant, fire, or demote a member when the member's gender contributes to the decision.

3. Issuing an unsatisfactory performance review because a transgender member has or may in the future transition from their birth-gender.
Hostile Work Environment - When sexually harassing conduct either creates an intimidating or offensive work environment or has the purpose or effect of unreasonably interfering with an individual's work performance. A sexually
hostile work environment may be a result of _____.
a single severe incident, or a series of pervasive incidents occurring over time.
National Origin Harassment and Discrimination - When a member's ____contributes to unequal or unfair treatment of the member.
ancestry, heritage, or national background
Examples of National Origin Harassment include1. Ethnic slurs or other verbal and physical conduct related to the members' national origin or their ancestors 2. Derogatory comments/remarks related to ancestryRace/Color Harassment and Discrimination - When a member's _____ contributes to the unequal or unfair treatment of the member.race or colorExamples of race/color harassment include1. Racial or ethnic jokes, 2. Displaying racially insensitive materials. 3. Hiring, termination of employment, demotion, promotion, or transfer, where the color of the job applicant or member's skin complexion contributed to the employment action.Religious Harassment or Discrimination - A member's religious beliefs, practices or affiliation, or _____, contributes to harassment or discrimination of the member.lack thereofExamples of Religious Harassment may include1. Insisting that a member participate in religious activities or hold particular religious views as a condition of hiring 2. Insisting that a member not participate in religious activities outside the workplace or not hold particular religious views. 3. Engaging in religious discourse or expression that could reasonably be perceived as coercive. 4. Religiously derogatory languageRetaliation - When a member's reporting of harassment contributes to an _____unfavorable assignment, transfer, demotion, termination of employment, or other tangible or material employment action.Sexual Harassment - A form of sex discrimination directed toward a member of any gender, including _____unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature.Examples of sexual harassment may include1. Sexually suggestive or obscene letters or notes 2. Terminating a member's employment or refusing to allow a member to participate in a promotional or specialized selection process because of the member's actual or perceived sexual orientation. 3. Inappropriate physical overtures of a sexual nature 4. Gestures with a sexual connotation, displaying sexually suggestive or derogatory objects, pictures, cartoons, or posters. 5. Threats or insinuations that lack of sexual favors will result in reprisal,All commanders and supervisors will ensure: 1. That all assigned subordinates areaware of and strictly adhere to this policy.All commanders and supervisors will ensure: 2. That any questions about this policy are clarified by directing the questioner to the ____Human Resources Division (HRD) or Office of the General Counsel (OGC).Relationships of a sexual or romantic nature involving members who are of different rank, title or status are prohibited if: compromise, or appear to compromise, the integrity of the ____.supervisory authority or the chain of command,Prohibited if they: cause actual or perceived ____.partiality or unfairness,Prohibited if they: are, or are perceived to be, _____ in nature.exploitative or coerciveProhibited if they: involve, or appear to involve, the improper _____.use of rank or position for personal gain,Prohibited if they: create an ____ on discipline, authority, morale, or the ability of the command to accomplish its mission or objectivesactual or clearly predictable adverse impactProhibited if they: specifically involve a ____recruit and an instructor or a probationary officer and a field training officer.Not prohibited if:a. the members involved are married and, b. the members involved are clearly within different chains of command.Members who plan or unexpectedly find themselves involved in a prohibited relationship are required to immediately request ______.a transfer from the Director of HRD.Consideration will be given as to an appropriate transfer of ___.one (1) or both of the members.Relationships of a sexual or romantic nature that are not prohibited, but involve persons who are assigned to the same sector, unit or element, are _____.discouraged.If such a relationship results in a work environment as described above, a transfer of one (1) or both of the members may occur at the direction of the _____.Director of HRD.Members are required to: 1. Report incidents involving conduct that may be construed as _____.discrimination, harassment or retaliationThis written directive does not preclude disciplinary action being taken against a member if the member knowingly makes a ____ of discrimination, harassment or retaliation, or knowingly provides false information during any investigation.false allegation or complaintA member wishing to report an incident of discrimination, harassment or retaliation, as previously described within this directive, may:1. Complete a 191 P.D., detailing the incident and provide it directly to the Director of HRD, or to the member's immediate supervisor or to any other supervisor. No copies of the Form 191 P.D. will be made. 2. Orally report the incident to the member's immediate supervisor or to any other supervisor. The supervisor will then document the information and forward the report to the Director of HRD. 3. Email the details of the incident to hrconfidential@kcpd.org from an identifiable email account to allow the Director of HRD or designee to follow up regarding the incident. This email account will be checked on a daily basis during normal business hours by the Director of HRD or designee.No ____ of the Form 191 P.D. will be made.copiesAgain, members wanting to report harassment or discrimination can do so by:1. 191 to HRD Director or supervisor 2. Orally report to supervisor 3. Email to hrconfidential@kcpd.org.The member reporting unlawful discrimination, harassment, or retaliation will be separated from the accused, as follows: The ____ and ____ will consult in regard to which member to transfer during the course of an investigation.Bureau Commander and Director of HRDConsideration will be given to the members' ____ and any other pertinent information.work schedules, assignments,A transferred member will be notified _____.in writing of the decision.The transfer of a member pursuant to this provision is temporary in nature and should not be construed as ___.permanent, retaliatory or a disciplinary action.Director of HRD or designee will: 1. Notify the _____ of a complaint or investigation.Chief of Police, the Bureau Commander, and the OGCDirector of HRD or designee will: 2. Review all complaints and determine if _____.an investigation is warranted.Incidents of the following will not be investigated. However, even if not investigated, the complaint will be retained for statistical and other purposes by the HRD.a. Anonymous complaints. b. Complaints regarding discipline or other conduct that are neither based upon discrimination or harassmenta. Anonymous complaints. Without knowing the _____ it may not be possible for the Director of HRD to follow-up and obtain additional information about the complaint or to determine if an investigation should occur.identity of the members involved,b. Complaints regarding discipline or other conduct that are neither based upon discrimination or harassment as defined by this directive nor based upon a believed retaliatory act. Complaints in this category will be referred by the Director of HRD or designee to the ____ for appropriate follow-up and disposition.Bureau CommanderDirector of HRD or designee will: 3. Notify the reporting member in writing that their complaint will result in:a. A formal investigation. b. An informal resolution and referral to the Bureau Commander. c. No further action.Director of HRD or designee will: 4. Retain an ____ for the express purpose of conducting formal investigations as prescribed by this directive.outside contractorDirector of HRD or designee will: 5. _____ on all reports of discrimination, harassment, retaliatory, illegal or unethical behavior.Maintain a fileDirector of HRD or designee will: 6. Submit an annual report of complaints of discrimination, harassment and retaliation to the _____.Chief of Police.During the investigation: 1. Members will refer to the current ____ between the Board of Police Commissioners and the Fraternal Order of Police Lodge No. 99 & 102 regarding representation.Memorandum of AgreementMembers may be provided the ______Garrity warning.Upon completion of an investigation, the outside contractor will:1. Prepare a written investigative report with the contractor's findings. 2. Meet with the Director of HRD and present the report and findings on or before a prescribed date. 3. The Director of HRD will make a recommendation to the Chief of Police and Bureau Commander as to the investigation's findings and need for final disposition.The ____ will make the final disciplinary determination on all investigations arising from complaints made pursuant to this directive.Chief of Police