310.20 Discrimination, Harassment, and Retaliation Prohibited
Refer:
- City of Portland, Human Resources Administrative Rule 2.02, Prohibition Against Workplace Harassment, Discrimination and Retaliation
- DIR 312.50, Identification
- DIR 330.00, Internal Affairs, Complaint Intake, and Processing
- DIR 344.05, Bias-Based Policing/Profiling Prohibited
Definitions:
- Complaint: Any complaint made to the City by a member of the public, a PPB officer, or a civilian PPB employee of alleged misconduct by a Bureau member.
- Discrimination: Unequal or adverse treatment of an individual on the basis of actual or perceived protected status.
- Harassment: Inappropriate verbal or physical conduct, which may include conduct that is derogatory or shows hostility towards an individual, related to the individual’s actual or perceived protected status. The intent or consent of the persons engaging in the inappropriate conduct does not matter. Harassment includes sexual harassment which may consist of unwanted sexual advances, requests for sexual favors, and other sexually oriented verbal or physical conduct.
- Retaliation: Adverse conduct towards an individual, not otherwise authorized by law or policy, which is in response to an action taken or perceived to be taken by the individual. Conduct that would likely deter an individual from reporting or supporting a claim or harassment or discrimination may constitute retaliation. Retaliation can occur even if the underlying complaint of harassment or discrimination is not substantiated.
Policy:
1. To build and sustain community trust, the Bureau is committed to constructing relationships and an environment in which community members do not fear reprisal. The Bureau strictly prohibits members from engaging in any form of discrimination, harassment, or retaliation against community members, including discouragement, intimidation, coercion, or adverse action, against any community member or Bureau member who files a complaint, tort claim and/or lawsuit, or cooperates with an investigation of a complaint against a Bureau member.
2. The Portland Police Bureau is also committed to establishing and maintaining a positive and supportive working environment in which all members have the opportunity to perform their duties to their fullest potential; therefore, the Bureau expressly prohibits members from engaging in all forms of discrimination, harassment, or retaliation against other Bureau members or employees of the City, including discouragement, intimidation, coercion, or adverse action, against any person who reports misconduct, makes a misconduct complaint, or cooperates with an investigation of misconduct.
Procedure:
- In addition to the City’s Human Resources Administrative Rule 2.02, Prohibition Against Workplace Harassment, Discrimination and Retaliation, members shall comply with all State of Oregon and federal laws that prohibit discrimination, harassment, and retaliation.
2. Discrimination Prohibited.
2.1. Members shall not take any employment-related action that adversely affects an applicant or employee on the basis of actual or perceived legally protected status.
2.2. Members shall refer to Directive 344.05, Bias-Based Policing/Profiling Prohibited, which prohibits taking police action solely or primarily based on an individual’s actual or perceived protected status. In addition, members are expressly prohibited from engaging in any other unequal or adverse treatment of an individual on the basis of actual or perceived legally protected status.
3. Harassment Prohibited.
3.1. Members are expressly prohibited from engaging in conduct that constitutes harassment, which includes sexual harassment. Examples of prohibited behavior include unwanted and inappropriate physical contact, use of epithets or slurs, making sexually suggestive comments or gestures, or using Bureau equipment to transmit or receive offensive material, statements or pictures.
4. Retaliation Prohibited.
4.1. Members shall not engage in adverse conduct in response to action taken or perceived to be taken by any individual.
4.2. The intent of applicable City rules and this Directive is to prohibit conduct that is unlawful, as well as other inappropriate conduct, before it rises to the level of unlawful retaliation. Retaliation by a member against any City employee for any reason is expressly prohibited. Examples of actions that may constitute explicit or implicit workplace retaliation include, but are not limited to:
4.2.1. Adverse employment action such as termination of employment, demotion, suspension, failing to hire or consider hiring, failing to treat impartially when making employment decisions, assigning undesirable work, shunning;
4.2.2. Intentionally not providing cover, support, or assistance, or intentionally responding to calls for cover, support, or assistance in an untimely manner;
4.2.3. Reprisal in response to a member reporting misconduct, making a misconduct complaint or cooperating with an investigation of misconduct;
4.2.4. Reprisal in response to a member filing a tort claim and/or lawsuit;
4.2.5. Reprisal for testifying against a Bureau member;
4.2.6. Creation of a hostile work environment;
4.2.7. Intimidation or ridicule;
4.2.8. Rude, discourteous, or disrespectful behavior; or
4.2.9. Inappropriate jokes, comments, or gestures.
4.3. Members shall not engage in any form of explicit or implicit retaliation against a community member. For example, a member shall not issue a citation to, or take other action against, a community member solely for:
4.3.1. Exercising their legal rights;
4.3.2. Reporting or making a claim of misconduct regarding a Bureau member;
4.3.3. Filing a tort claim and/or lawsuit;
4.3.4. Participating in an investigation of a complaint against a Bureau member;
4.3.5. Questioning the legality of a Bureau member’s actions; or
4.3.6. Asking for a Bureau member’s name, business card, and/or Bureau I.D. number.
5. Complaints of Misconduct.
5.1. No employee of the Bureau who is the subject of a misconduct complaint shall intentionally contact, or take any action against, a complainant or a witness involved in the misconduct complaint in retaliation for the complainant or witness having filed or provided information in support of a misconduct complaint. Members who are subject of a complaint shall be notified of the complaint in accordance with Directive 330.00, Internal Affairs, Complaint Intake, and Processing.
5.1.1. If the accused employee makes such contact or takes such action against a Bureau complainant, that complainant is encouraged to notify a supervisor as soon as practical, but no later than 24 hours after the contact.
5.1.2. If the accused employee makes such contact or takes such action against a Bureau witness, that witness shall notify a supervisor as soon as practical, but no later than 24 hours after the contact.
5.1.3. If the accused employee has contact with a complainant or witness who is a member of the public, the accused employee shall advise a supervisor as soon as practical, but no later than 24 hours after the contact.
5.1.4. If the accused employee has contact with a Bureau complainant or witness (other than in the normal course of business), the accused employee shall advise a supervisor as soon as practical, but no later than 24 hours after the contact.
6. Reporting Discrimination, Harassment, and Retaliation.
6.1. Members shall report any discriminatory, harassing, and/or retaliatory behavior they observe or become aware of in accordance with Directive 330.00, Internal Affairs, Complaint Intake, and Processing, as soon as practical. Members are not required to follow chain of command in reporting discrimination, harassment, or retaliation. Members may also report retaliatory behavior to the Bureau of Human Resources.
6.2. Managers and supervisors shall take immediate action to stop and prevent any discrimination, harassment, or retaliation they observe or of which they become aware.
6.2.1. Managers and supervisors shall notify their supervisor and the branch assistant chief of the circumstances and the action taken. If the immediate supervisor is implicated in the misconduct, the supervisor shall make this report to the next highest level in the chain of command.
6.3. For any discrimination, harassment, or retaliation that could constitute a violation of HRAR 2.02., the manager or supervisor shall also report the behavior or incident to the Bureau of Human Resources as soon as possible, but no later than two working days after observing or becoming aware of the violation.
History:
- Originating Directive Date: 09/06/01
- Last Revision Signed: 04/15/20
- Effective Date: 05/15/20
- Next Review Date: 05/15/21