Harassment Prevention Lectures

SEXUAL HARASSMENT IN THE FIREHOUSE A discussion of laws and policies prohibiting sexual harassment

The laws that govern sexual harassment Both federal and state laws make it illegal for an employer to permit the harassment of an employee. The federal law is known as “Title VII” and the state law is known as the “Human Rights Law”. The courts in New York State have held that a claim for sexual harassment requires the proof of four elements, which we will discuss in a few slides.

Do sexual harassment laws apply to volunteers? Laws do not specifically apply to volunteers. Courts have interpreted the laws to apply to employees only. Other federal statutes that apply only to employees have been interpreted to apply to volunteer firefighters. Courts held that volunteers were like employees for purposes of those statutes due to the benefits received by the volunteer firefighters. Benefits such as: VFBL & LOSAP may create employee like status for purpose of making the laws applicable to volunteers. No court in NYS has held that the laws apply to volunteer firefighters. Human Rights Law violations do apply to volunteer firefighters

Sexual Harassment: Defined Sexual harassment includes deliberate or repeated, unsolicited, verbal innuendoes or comments, gestures or physical contact of a sexual nature which are unwelcome by the intended recipient. It includes unwelcome sexual advances (either verbal or physical), requests for favors and other verbal or physical conduct of a sexual nature when: (1) submission to such conduct will impact the provision, withholding or results of volunteering, employment, learning or training;

Sexual Harassment Defined (2) submission to or rejection of the conduct is used as a basis for making any decisions in the volunteer or employment environment; (Quid pro quo) or (3) the conduct has the purpose or effect of substantially interfering with a volunteer’s/employee’s performance or learning, or creating an intimidating, hostile or offensive environment. (hostile workplace environment)

Additional definitions of sexual harassment A supervisor, with the actual or constructive knowledge of the employer, makes sexual advances or demands toward a subordinate employee and conditions that employee's job status--evaluation, continued employment, promotion, or other aspects of career development--on a favorable response to those advances or demands, and the employer does not take prompt and appropriate remedial action after acquiring such knowledge.

Additional definitions of sexual harassment Sexual harassment as a concept encompasses the full range of coercive, unwelcome behavior, from subtle psychological force, to gross physical abuse. These acts may be visual (such as leering, ogling, and physical gestures conveying a sexual meaning, pictures), verbal (e.g., sexual innuendoes, suggestive remarks, sexually derogatory jokes), written (e-mail, cartoons or letters), or physical (such as hugging, pinching or fondling).

Please know: Sexual harassment will not be tolerated Sexual harassment will be investigated Sexual harassment will be disciplined: possible expulsion All persons should feel free to report harassment No person shall be punished for reporting harassment in good faith

Also know: No person may offer you rewards for agreeing to sexual conduct, physical touching, dating, etc. No person may punish you or discriminate against you for not agreeing to sexual conduct. You should report any violation to the Chief. If you do not feel comfortable, then any chief, and if not a chief, then your line officer, and if not them, then a member of the municipal board.

Sexual harassment will simply not be tolerated. Remember Sexual harassment will simply not be tolerated.

DIVERSITY IN THE FIREHOUSE A discussion of the benefits of diversity

Diversity in the Fire Company Diversity is about more than just race and gender. Diversity is about more than minorities and women in the firehouse. Diversity is about more than assimilation. Diversity is about creating a culture where each individual can thrive and contribute to the organization (integration/multiculturalism). Diversity is every members’ responsibility.

Diversity in the Fire Company Diversity acknowledges that every member has valuable insights and knowledge to give to the entire fire company membership. Diversity acknowledges that the population we serve is not homogeneous; we protect and serve people of both sexes, all races, all religions, different economic and educational backgrounds. Diversity acknowledges that all of these groups will want to become part of our organization and help as well.

So what does this mean for you? Certain jokes are not acceptable: Racial jokes Religious jokes Gender or sexual preference Cultural, ethnicity What is funny to you may be offensive to another. We protect the community. We do not ridicule it.

If you are offended Everyone should feel free to tell someone that their jokes or conduct are offensive. If you are not comfortable, tell an officer or the chief, or a trustee of the municipality. This conduct may require punishment. Don’t do it, and tell someone else to stop it if you see it.

HARASSMENT IN THE FIREHOUSE (non-sexual) A discussion of policies prohibiting other types of harassment

Other Types of Harassment There may be situations where individuals believe that they are being subjected to an environment that is hostile or inappropriate, but does not meet the definition of sexual harassment. Employees may experience harassment or a hostile environment due to: (a) race, religion, national origin, age, disability, sex marital status, sexual orientation (b) or conduct which is simply harassing or bullying.

Other Types of Harassment (cont.) Harassment is verbal or physical conduct, or written or electronic communications that denigrate or express hostility or aversion toward an individual because of his or her race religion gender national origin, citizenship, ethnicity marital status age, disability sexual orientation, gender identity and gender expression

Prohibited Conduct Harassing conduct includes, but is not necessarily limited to: epithets, slurs or negative stereotyping. threatening, intimidating or hostile acts. denigrating jokes or practical jokes of an inappropriate nature. written or graphic material that denigrates or shows hostility or aversion toward a group or an individual believed to be part of a particular group. written or graphic material that is placed on walls or elsewhere on fire department premises, or is circulated in the firehouse.

Prohibited Conduct (cont.) using electronic equipment to distribute, view, or otherwise disseminate materials or messages that are abusive, profane, threatening, defamatory or offensive. conditioning employment terms on submission to harassing conduct, sexual advances, requests for sexual favors, etc. Although such conduct is not covered by the definition of sexual harassment, it is still prohibited by the fire department and, depending upon the conduct, may be prohibited by state and/or federal law.

Please be alert Tell persons who are being insensitive or are unaware of their conduct to “stop”. If that does not work, tell a supervisor. Do not let persons be abused. Stand up for them.